Immigrating to New Zealand with a dependent child (age 24 or under) with Down syndrome

The New Zealand Immigration Service (NZIS) must decide applications using Government policy and legislation to minimise risk, and maximise advantage to New Zealand.

The NZIS must make its decisions on the principles of fairness, and natural justice.

Parents must first fulfil the requirements for the category under which they apply
(General Skills, Business, or Family - www.immigration.govt.nz has details of how to do this)

A standard medical certificate for each family member must be presented with the application. (The medical form may be downloaded from the NZIS site.)
Down syndrome must be declared because the medical form includes the question;

“Do you have any physical/mental/communication/developmental/intellectual disabilities which may affect your ability to earn a living or take full care of yourself?”

The medical certificate will be referred to a medical advisor who will advise the immigration officer on health policy aspects.

The underlying policy is that applicants must be of an acceptable standard of health to apply for residence in New Zealand. This is to ensure that applicants:
• are not likely to be a danger to public health; and
• are not likely to be a burden on health services; and
• are fit for the purpose of entry.

It is the second point, a burden on health services that usually causes difficulties for children with Down syndrome.

The decision will usually be deferred pending extra information being provided. Immigration officers will then weigh up the advantages to New Zealand of approving the application against the burden on health services of accepting the child. This will depend on, for example, the likely degree of the burden, whether New Zealand has sufficient resources to care for the child, and the potential unique contribution of the applicant. If the advantages outweigh the disadvantages or if there are other extraordinary circumstances (eg. refugee status) then the health impediment issue may be waived and permanent residence status granted.

It is beneficial for parents to make sure their application is as strong as possible.
Although immigration policy at present considers only the burden on health services, it is likely that soon (within the next year) it will also consider the burden on education and social services. This may make it harder for a family with a dependent child with Down syndrome to get permanent residence.

National coordinator New Zealand Down syndrome association

Please contact the New Zealand Immigration Service for concerns about individual cases.

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