Legal & Complex Solutions by Top Immigration Lawyers Auckland
When applying for a New Zealand visa, the onus lies on the applicant to present the strongest case with relevant evidence to support their application. If the application is not correctly prepared, then it might affect the end result of the application. Our specialist team is made up of legally trained professionals who are capable to provide legal assistance to all aspects of immigration law, including difficult cases or appeals. We understand each situation is different and our advice reflects this. Our knowledge and the depth of our industry experience allows us to predict and pre-empt issues you may have.
If your visa application to visit, enter or stay in NZ is refused, you should get expert advice immediately as to your legal rights and your chance to apply for a reconsideration. This is because if your decision is reviewable, it is critical that you act fast to be advised of the necessary steps to lodge your reconsideration request. The right for reconsideration expires after 14 calendar days after you received the decline decision. Further, if you let your visa expire without considering your appeal option, you can effectively become unlawful and be prevented from making another application in New Zealand.
Before proceeding with the reconsideration request, we will make sure you understand the reasons for the refusal and what evidence you will require to convince the decision maker that the matter should be reversed.
Whether you are wishing to migrate to New Zealand or simply wishing to visit temporarily, having a character concern may turn problematic in your visa application. Having a criminal record or a character issue does not necessarily mean that an application will be refused. However, applicants who have been convicted of a criminal offence or have been deliberately dishonest, or have breached conditions of their visas, etc are unlikely to be considered of good character.
It is in best practice that you come to us from the beginning so that we can present a full picture of your case to Immigration New Zealand, as well as assessing the chance to obtain a character waiver. If you come to us at the stage where a Potentially Prejudicial Information Letter (PPI Letter) has been issued, we are still able to help. However, the chance to secure a character waiver will be lower, depending on whether you have been honest with INZ about your convictions or other character concerns.
In case that you are currently in New Zealand but are under investigation for an criminal offence, we offer professional opinions as to consequences of conviction to your immigration status and whether you have a chance to apply for a discharge without conviction. This opinion could be served as a legal affidavit supporting your case before the District Court/High Court.
In case you are overseas but have previously been excluded from New Zealand, you are likely to be considered as being ineligible for a visa. If this is a case, the available option is to submit a request for a Special Direction from the Minister of Immigration. Unfortunately, this process is complex and requires significant time investment. Our specialist team will assess your case and provide you with an honest opinion on your circumstances and whether it is worthwhile to proceed or not.
Similar to the character requirements, having a chronic or severe medical issue may turn problematic in your visa application. In assessing whether your health satisfies Immigration Instructions, INZ will primarily consider whether you are likely to be a danger to public health; and whether you are likely to impose significant costs or demands on New Zealand’s health services during their period of intended stay in New Zealand.
We are experienced in dealing with many common medical issues including Cardiac diseases, Hepatitis B & C, manic depression and other disorders, etc. Depending on the complexity of your case, we could recommend you obtain further specialist medical reports or request an assessment of a medical waiver from the beginning, in which we will address your immigration history, your medical background, why you should be considered for a medical waiver with reference to relevant domestic and international laws and regulations.
Overstaying your permitted time can be a serious matter. If so, you have seriously breached New Zealand immigration laws and have become liable for deportation. The longer you stay after your visa expires, the greater the risk you run of being physically detained or deported and of being banned from any kind of visas to New Zealand in the future.
The primary legal option to rectify your unlawful status is to submit a request for grant of a visa under Section 61 of the Immigration Act 2009. A request under Section 61 is very different to normal visa applications. A person who is unlawful does not have the right to apply for a visa, but they might have an option to request a visa under section 61 which may be granted at the absolute discretion of the assessing officer. This means that INZ does not have to consider a section 61 request, and even if the request is considered, INZ might still refuse the visa without the need to provide any reasons.
You might be able to appeal against your deportation liability, depending on your circumstances and when your liability arose. Your option in this situation is appealing at the Immigration and Protection Tribunal on special humanitarian grounds.
The chances of success in a Section 61 Request or with the Immigration & Protection Tribunal can vary greatly depending on your visa history, the reasons that your visa has been refused, and your personal circumstances. Our specialist team with a legal/law background will analyse your case and provide effective persuasive arguments in our legal submissions on your behalf in partnership with Fisher Foley Barristers and Solicitors.
Partnership Work Visa After 2 years unlawful
A young man was facing deportation and an unlawful status because INZ had discovered false information during a partnership interview. Both he and his partner, a Samoan New Zealander, were advised by an unlicensed adviser to tell INZ that their relationship began earlier than it really did, and this information was discovered by the visa officers during the interview.
We successfully argued for cancellation of deportation, and a work visa, after which INZ raised even further concerns during the residence application. A second partnership interview was conducted and numerous inconsistencies were raised, but the couple were genuine and simply fell into nervousness and were being unfairly misunderstood. With our support, the couple have successfully presented their case, and this young father had now been granted a resident visa.
Residence approved after Anonymous accusation on file
Our client has an inter-cultural relationship with a New Zealand woman. INZ raised numerous concerns about discrepancies during the partnership interview, and issued a formal PPI letter. At the point they engaged us, we decided to seek an extension of time to respond and requested their detailed immigration file under the Privacy Act.
When we reviewed the file, we discovered an anonymous warning claiming that the relationship was false. Unfortunately, INZ had never informed us or the applicant such prejudicial information. Further to this warning, numerous inconsistencies in the couples interview had been raised which caused a high risk of a decline decision.
As the client’s adviser, we had consistently reminded INZ of principles of fairness which require INZ to take into account the applicant’s full explanation and not predetermine its decision based on any appearance of bias. We had then successfully dismissed the anonymous warning and finally secured a resident visa for our client. Our key point in assessing this case, is that INZ cannot simply decline an application based on assumption or prejudice. When there is a genuine relationship, despite the problems, an application can still be approved with the right legal support.
Appeal To The Minister Of Immigration
In limited circumstances, it is possible to seek Ministerial Intervention if your legal revenues seem to be exhausted. An appeal to the Minister of Immigration is essentially one last opportunity to have your voice heard, also is the highest steps in the appeal process, therefore, it is highly important that.
We will request a full privacy file of your case and make a careful review of your situation. Following this comprehensive review, we will advise whether your case has a chance at the Minister of Immigration.
Whilst the Minister, in some particular cases, might offer favourable decisions, it is important to note that:
- The Minister will refuse to consider the case if other appeal avenues with Immigration New Zealand are still available. All applications for visas must be made in the first instance to Immigration New Zealand.
- The Minister will refuse to intervene in your case if poor submissions and evidence are provided to support the case. The Minister’s decision is a binding decision. This decision cannot be reviewed or appealed.
- A request to the Minister does not prevent normal immigration procedures applying to an applicant. If the applicant is liable for deportation under the Immigration Act, any deportation action will not be circumvented simply because his/her request to the Minister has been submitted.
Complaint To Inz’s Central Feedback Team
If INZ does not provide a satisfaction of reason why your visa gets declined, or if you believe that INZ has not processed your application properly or might have treated you in an inappropriate manner, we can review your application and present you on the process of lodging a formal complaint against INZ. Following the complaint, INZ might refuse or accept the complaint, diverse the application to a new case officer for reprocessing, or overturn the previous decline decision and grant a corresponding visa.
Complaint To The Ombudsman
If INZ does not provide a satisfactory response over the Complaints and Feedback Process, a complaint can be made to the Ombudsman, a delegated government department which handles complaints and investigates the administrative conduct of state sector agencies.
Depending on the context of the complaint, we can request the Ombudsman to investigate:
Decisions made by INZ on
- Temporary entry (including visitor, work, student and limited visas)
- Whether to accept an expression of interest to apply for residence
- Section 61 and interim visa requests
- Special directions
- Cancellation of temporary entry class visas
Administrative procedural issues
Including procedural issues relating to deportation and the processing of residence and refugee status applications before any decision is made
- Refusal to accept an application for lodgement
- Failure to provide the applicant a chance to respond to INZ’s concerns
- Failure to assess the application in a fair and justifiable manner
Contact us today for an initial enquiry
We are New Zealand’s largest and most experienced team of licensed immigration advisers. Our experts will take away the stress and worry of navigating the complicated world of immigration. All you need to do is get in touch. Our team is on standby, ready to help.
Feedback From Our Clients
We have helped students, business persons, tourists, clients with medical needs to acquire U.S. visas. Besides, we also with other family and provide counseling services.