Legal & Complex Solutions NZ

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.