'Poor decision' made on pregnant woman: Minister

Immigration NZ said it had been unable to contact Jurga Skiauteris to tell her she could stay. Photo / Richard Robinson

Immigration Minister Jonathan Coleman has criticised his department's initial decision to decline a heavily pregnant Lithuanian tourist's permit to stay in the country.

Jurga Skiauteris, 29, her husband Robertas, 34, and their six-year-old son, Leonardo, arrived in New Zealand in January on three-month visitor permits.

The family became overstayers when their permits expired on April 2.

Immigration New Zealand rejected two appeals for an extended permit, despite doctors advising that any travel could harm Mrs Skiauteris and her child.

Immigration NZ has since reviewed the decision and the woman has been offered a visitor's permit allowing her to remain in the country beyond the birth of her child.

"I believe that declining the permit was a poor decision by the department," Dr Coleman said.

"I am pleased that common sense has prevailed and that the woman has now been issued a permit allowing her to stay in New Zealand.'

Dr Coleman said a report by the Auditor-General had found an unacceptable variation in the quality of decision making between branches and that "substantial improvements" must be made.

The department had earlier ordered 29-year-old Jurga Skiauteris to leave the country - despite a doctor's warning that she must be near medical help at all times and that travel could harm her and her child.

Immigration NZ's chief executive Andrew Annakin said that Mrs Skiauteris was offered a limited purpose permit yesterday.

The permit would allow her to give birth in New Zealand because of risks to her health, Mr Annakin said.

Mrs Skiauteris' husband had also been offered the permit but numerous attempts to contact the family had not been successful, Mr Annakin said.

As a general rule visitors and overstayers were not allowed to stay in New Zealand to give birth, but it (the Labour Department) accepted in rare circumstances humanitarian interests would necessitate a departure from policy, Mr Annakin said.

This was such a case, he said.

It was expected that the family would depart New Zealand as soon as practicable after the birth, he said.

Supporting Mrs Skiauteris's application to stay, North Shore Hospital antenatal consultant doctor Alex Ivancevic wrote: "Her pregnancy is a high risk ... She is strongly advised bed rest and avoidance of any activity that might potentially provoke pre-term labour."

Mrs Skiauteris was six weeks pregnant when she arrived in January with her husband Robertas, 34, and their 6-year-old son, Leonardo. She has been mostly bed-ridden since complications were found in her pregnancy during a routine check in early March.

"The unexpected change in health conditions means any travel would put my partner and baby in danger," he said in one appeal.

"Doctors at North Shore Hospital say my partner's health would not allow us to travel in any way because it could lead to premature labour and, as a consequence, death of a newborn baby."

Before granting the pair permits yesterday, Immigration NZ said in a letter to Mr Skiauteris: "As you no longer hold a valid permit, you must arrange to leave New Zealand immediately. If you do not leave, Immigration NZ may take further action against you."

Said Mrs Skiauteris: "I know having a baby is supposed to be a happy event, and I can cope with the difficult pregnancy - but Immigration New Zealand is turning it into a nightmare."

The family have insurance cover for medical expenses and hospitalisation for up to €250,000 ($556,000), which covered pregnancy complications up to the 36th week.

Mr Skiauteris, an advertising director, had also told Immigration NZ they had access to enough money to pay for the rest of his wife's maternity care costs.

"It's really frustrating, because we'd be gone on the next plane back to Lithuania - where we can have the support of family and friends - if I can be certain that nothing will happen to my baby," he said.

"The last thing we wanted is to break any law or become overstayers - but what can you do when it's a choice of either that or risk the life of your baby and your wife?"

He said they would leave after the birth - the baby is due on July 22 - and he was hoping Immigration NZ would not ban him from visiting his brother in Auckland.

He said pregnant Korean student Sung Won Kim, who was told to leave New Zealand to have her baby, was on a visitor's permit.

"It is also simply not true that if a woman who is already studying in New Zealand on a student permit becomes pregnant, she is automatically required to leave the country. Each case would have to be considered on its own circumstances."

The Labour Department, which oversees Immigration NZ, said there were limited provisions for a medical waiver for a person applying for a temporary visa or permit, and two such visas had been issued in the past two weeks.