Question

Is HIV an exclusion to permanent residency in New Zealand?

21 October 2021. Related: All topics, Travel.

Hi,

I’m from England, HIV positive, on medication and undetectable. My fiancée is a New Zealand citizen and is HIV negative.

We’ve known each other since 2015 and I’ve visited NZ for the 4th time now and always stayed at her place. We’ve travelled abroad together and have all photos, airline tickets, shopping bills, hotel reservations on both names. I even have an NZ drivers licence, a personal and joint account in NZ which are all registered to my fiancée’s address in NZ.

I’m in process of applying for residence permit under partnership but my main concern in my HIV status. I spoke to an immigration firm who said I can apply for a medical waiver but her fees were “ $8000 “ !

My fiancée has been to UK once but doesn’t like it there hence I’m planning to sell my house and assets to make the move to New Zealand. Also I work as a scientist and my job is on high demand in New Zealand.

I previously provided an X-ray certificate to NZ immigration but didn’t require a medical blood test when I applied for work permit under partnership. They stated that they didn’t have enough evidence that we were in a genuine relationship as I applied for that visa category when I first visited her in NZ so they granted me a 9 months electronic visitors visa. Since I’ve visited her for the 4th time.

I can obtain a letter from my GUM consultant from UK to highlight my treatment as my immune system responded to my medication which resulted to becoming undetectable.
Can the NZ immigration reject my application purely due to my HIV status?

I would be most grateful if someone could assist me?

Answer

Answer: Simon Collins

NOTE: In October 2021 further HIV restrictions were removed in New Zealand. See:
https://www.unaids.org/en/resources/presscentre/pressreleaseandstatementarchive/2021/october/new-zealand-lift-travel-restrictions-hiv

Although HIV used to be a bar to permanent residency in New Zealand the response and links below are from the NZ immigration service:
http://www.immigration.govt.nz

REPLY from NZ immigration service:

Thank you for contacting us.

Information on Immigration New Zealand (INZ) Medical requirements is available on our website at https://www.immigration.govt.nz/new-zealand-visas/apply-for-a-visa/tools-and-information/medical-info/evidence-you-in-good-health

The INZ#1121 document is a guideline to the health requirements, available online at https://www.immigration.govt.nz/documents/forms-and-guides/inz1121.pdf

Should you require the Immigration Instructions for Health Requirements, they are available online at https://www.immigration.govt.nz/opsmanual/35154.htm

A4.10 Acceptable standard of health (applicants for residence) indicates the following:

Applicants for residence class visas must have an acceptable standard of health unless they have been granted a medical waiver.

Applicants for residence class visas are considered to have an acceptable standard of health if they are:

1. unlikely to be a danger to public health; and
2. unlikely to impose significant costs or demands on New Zealand’s health services or special education services; and
3. able to undertake the work on the basis of which they are applying for a visa, or which is a requirement for the grant of the visa.

A4.10.1 Medical conditions deemed to impose significant costs and/or demands on New Zealand’s health and/or education services includes HIV infection .

Information on medical waiver is available at https://www.immigration.govt.nz/opsmanual/45636.htm

A person who is HIV positive may be considered for medical waiver.

We are unable to advise whether (or to what extent) this might affect eligibility to immigrate to New Zealand. We are unable to indicate whether medical results may be acceptable or whether medical waiver may be granted prior to them being completed and considered by our Health Assessment Team.

Customer Service Officer
Immigration New Zealand

If you wish to provide service feedback here is the link:  https://feedback.immigration.govt.nz/

Make sure you check out our Immigration online system when applying for your next visa.

END OF REPLY

Note: this question was initial published as a comment to this Q&A. It was updated in October 2021.