Residency 'mercy' for woman who feared deportation after her husband's death - Visa Matters

Residency ‘mercy’ for woman who feared deportation after her husband’s death

After losing her husband in a car crash and facing the prospect of deportation, Qianqian Geng has had some good news – she can stay in New Zealand.

Geng​, known by most as Carrie, was in the final stages of a permanent residency application when her husband Henry Lin​ – already a resident – died after a crash on the outskirts of Hamilton in February.

The 30-year-old missed her final residency application meeting because it was the day after the crash, and was left in limbo when the application was put on hold and the expiry date for her visa approached.

However, the day after Stuff put questions about the Paeroa woman’s case to immigration, word came through that she’d been granted “mercy” and her residency was now in the process of being approved.

“I’ve been here for eight years. All my life is here. I don’t want to go,” Geng had earlier told Stuff.

“This is my home.”

After Lin’s death, she’d understood she may no longer qualify for residency. Immigration said she applied under a category for people supported by an eligible New Zealand citizen or resident.

She had limited time left on her visa, and her local community started a petition to keep her in the area.

Geng, originally from northern China, moved to New Zealand on a working holiday, met her future husband and went on to study business at Queens Academic Group in Auckland.

She graduated later and moved to Paeroa to “work hard” at the local Coin Save shop.

When the previous owners sold the business in 2020, Geng and Lin took over – often doing long distance while Lin managed another business of theirs in Auckland.

Geng applied for permanent residency in 2021 but was told the couple needed to live together for a year before she would qualify.

“We were counting down the 365 days we were living together, so I could apply,” she said.

They’d passed that mark and were anticipating the final Zoom meeting on February 10, but were in a car crash the day before, on Puketaha Road.

While the details are hazy for Geng, police said the single-car crash occurred near the intersection of State Highway 1B around 6.15pm.

Lin was taken to Waikato Hospital with serious injuries and Geng had minor injuries.

“We missed the video call because my husband was not good… but my sister-in-law answered and said there had been an emergency and to reschedule.”

Still grieving the loss of her husband, Geng was told a few weeks later that her residency application was on hold.

She understood that, due to her husband’s death, she may not qualify any more.

Border and Visa Operations acting general manager Jock Gilray said they were sorry to hear of Geng’s loss, however, the immigration instructions for the partnership category are for people supported by an eligible New Zealand citizen or resident.

Due to Geng’s husband’s death, it was difficult to assess her application, he said.

Having asked Geng to provide further information, Gilray said a decision would be made in due course.

But then Geng received word that her residency had been accepted, with some caveats.

Geng thanked the Stuff journalist for her help and said she was going to celebrate the news with her community.

“They created a petition which received nearly 800 signatures, because they wanted me to stay.

“I can’t thank them enough.”

Licensed Immigration advisor Ankur Sabharwal said Geng’s case shows not all is lost for migrants in complex situations.​

As the owner of immigration advisory Visa Matters, Sabharwal has dealt with many similar cases and, speaking prior to Geng’s residency being granted, he said “humanitarian and compassionate grounds can apply for this sort of case”.

While Geng wouldn’t have qualified for an open visa with her partner now deceased, there would have been options, he said, if she were to receive a deportation notice.

One of the most suited would have been a discretionary visa.

If granted, it allows the person three to six months time to sort out their affairs before applying for another visa, such as a working or visiting visa.

“The immigration office can do anything pretty much.

“For example, student visas only allow part-time work, but they can allow full-time work if they want to, but you need to ask. And if you ask you better have special circumstances you can present in front of them, because they don’t do it for everyone.

“If your circumstances are special, and they warrant such conditions to be imposed, they may allow it – especially if it’s short-term.”

CORRECTION: A number amendments have been made to this story, including to Carrie Geng’s age, place of education and the fact confirmation of her residency approval came through Coromandel MP Scott Simpson’s office, not directly from Minister of Immigration Kris Faafoi (amended April 04, 2022, 11.50am).

DISCLAIMER: This article does not constitute immigration advice. Individuals need to seek personal advice from a New Zealand licensed immigration adviser or lawyer to assess their unique situation. Ankur can be contacted at info@visamatters.co.nz.