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What to do if your New Zealand Work Visa Expires?

What to do if your New Zealand Work Visa Expires?

Introduction

If you are in New Zealand on a work visa, it is important to be aware of what happens when your visa expires. Facing the expiration of your New Zealand work visa can be a daunting situation, but rest assured, we’re here to guide you through the process with clarity and expertise. Our team at Immigration Chambers understands the complexities involved and is dedicated to providing you with the support and solutions you need to navigate this challenging period seamlessly.

Understanding New Zealand Work Visa Expiration

Work visas expire for various reasons, and it’s essential to grasp the circumstances that may lead to this situation. Some common factors include:

1. Completion of Employment

Your work visa may expire if your employment contract in New Zealand comes to an end. This could be due to your employer no longer requiring your services or the completion of a specific project.

2. Time Limit Exceeded

Work visas typically have a designated validity period. If your New Zealand Work Visa has reached its expiration date, it’s crucial to take action promptly to avoid any legal complications.

3. Change in Employment

Should you change jobs while in New Zealand, your new employer must apply for a new work visa on your behalf. Failure to do so can result in the expiration of your current visa.

4. Breach of Visa Conditions

Engaging in activities that violate the terms of your work visa, such as working in an unauthorized occupation, can lead to its expiration.

Is a Work Visa Extension available in New Zealand?

First and foremost, it’s crucial to clarify the common misconception regarding work visa extensions in New Zealand. Despite the prevalent terminology, there exists no official mechanism for extending an existing work visa. Therefore, individuals nearing the expiration of their current work visa must initiate a fresh application to continue their employment in New Zealand.

What should I do if my New Zealand Work Visa has expired?

If your visa in New Zealand has expired, it’s crucial to depart promptly or need to contact Immigration New Zealand as soon as possible. Nevertheless, there are potential alternatives under specific conditions. If you think you have valid reasons for staying beyond your visa’s expiry, you can submit a special appeal, typically referred to as a Section 61 request, for a fresh temporary or resident visa. Approval hinges on compelling evidence, yet Immigration NZ may not necessarily review your request.

At this stage there is no option for an automatic extension, so you will need to apply for a new visa. The process for applying for a new visa is the same as the first time you applied. However, there may be additional requirements if your visa has expired.

Here are some of the documents you will likely need to provide when applying for a new work visa:

  • A completed application form
  • Your passport
  • Evidence of your employment in New Zealand
  • Certificates of character and good health from New Zealand-based authorities

Possible Reasons Why Your Work Visa May Have Expired

There are various factors that could lead to the expiration of your work visa, such as:

  • Your employer no longer requires your services in New Zealand.
  • The validity period of your work visa has elapsed.
  • You’ve switched jobs, and your new employer hasn’t initiated a new work visa application for you.
  • You’ve violated the terms of your work visa, like engaging in an occupation not approved on the list.

If you’ve exceeded the duration of your work visa, you might face deportation and be barred from returning to New Zealand for a specified period.

Steps to Renew Your Work Visa

While the prospect of an expired work visa may seem overwhelming, following these steps can help alleviate stress and resolve the situation effectively:

1. Contact Immigration New Zealand

Immediately upon realising that your New Zealand work visa has expired, reach out to Immigration New Zealand to seek guidance. Explain your circumstances thoroughly and inquire about the necessary steps to rectify the situation.

2. Seek Professional Advice

If you’re uncertain about why your visa expired or how to proceed, consulting with a licensed immigration advisor in Auckland is highly recommended. At Immigration Chambers, our team of experts can provide personalized assistance tailored to your specific needs.

3. Explore Extension Options

If your work visa in New Zealand is expiring and you wish to stay longer, you have a few options:

  • Renewal: You may be able to renew your current work visa if you still meet the eligibility criteria. This typically involves demonstrating that you still have a job offer from a New Zealand employer or that you have ongoing employment.
  • Skilled Migrant Category Resident Visa: If you meet the requirements, you can apply for a Skilled Migrant Category Resident Visa, which could allow you to stay in New Zealand permanently.
  • Essential Skills Work Visa: If you have a job offer for a role that meets certain criteria, you may be eligible for an Essential Skills Work Visa, which allows you to stay and work in New Zealand for a specified period.
  • Partnership Work Visa: If you have a partner who is a New Zealand citizen or resident, you may be eligible for a partnership work visa based on your relationship.
  • Student Visa: If you wish to study in New Zealand, you could apply for a student visa, allowing you to stay in the country for the duration of your studies.
  • Visitor Visa: If none of the above options apply to you but you still want to stay in New Zealand temporarily, you could apply for a visitor visa, although you would not be able to work under this visa.

Each of these options has its own eligibility criteria and application process, so it’s essential to carefully review your situation and consult with an immigration advisor or the New Zealand Immigration website for personalized advice.

4. Understand the Consequences

It’s crucial to comprehend the potential repercussions of overstaying your work visa, including deportation and future visa complications. Transparency and cooperation with immigration authorities are key to resolving the situation effectively.

How Immigration Chambers Can Assist You?

Comprehensive Consultation

Embark on your immigration journey with confidence by scheduling a consultation with our Licensed Immigration Advisers. During this session, we’ll assess your individual circumstances, address any queries or concerns, and outline a tailored strategy for your work visa application.

Document Preparation

Our experienced team will guide you through the document preparation process, ensuring that all requisite paperwork is meticulously assembled and submitted. From character certificates to health assessments, we’ll streamline the documentation process to minimize errors and expedite your application.

Ongoing Support

Rest assured, our support doesn’t end with the submission of your application. Our licensed immigration advisers are on hand to address any issues or queries that may arise throughout the application process, ensuring a smooth and hassle-free experience.

Wrapping up

Facing an expired New Zealand work visa can be challenging, but with the right guidance and support, you can navigate this process successfully. At Immigration Chambers, we’re committed to assisting you every step of the way, from understanding the reasons behind your visa expiration to exploring viable solutions and advocating on your behalf. Contact us today to discuss your options and embark on the path to securing your future in New Zealand.