Mr L’s Partner of a New Zealander resident visa application was declined by Immigration New Zealand because he had withheld relevant information on his application that he had been deported from a European country.
At the time he approached Visa Matters Ltd, Mr L was in New Zealand without any visa, and Immigration New Zealand was threatening to deport him. Visa Matters Ltd identified that Mr L was ineligible to be approved a visa unless he was granted a special direction by the Associate Minister of Immigration.
We drafted a special direction request and submitted it to the Associate Minister’s office. At the same time, we asked INZ Compliance to delay deportation while awaiting the Minister’s decision.
Several months later, the Minister’s representative responded, waiving the character requirement for the next visa application Mr L makes. This means that he can be approved residence, allowing him to remain in New Zealand with his wife and their small child.
Mr and Mrs SA came to New Zealand as the holders of Limited Visas to visit their New Zealand citizen daughter. However, after arriving in New Zealand, both husband and wife were diagnosed with serious health issues. Mr SA had terminal cancer and Mrs SA was suffering from dementia.
Because they held Limited Visas, they were unable to apply for any other kind of visas. They were also unable to request visas under section 61 of the Immigration Act once they were unlawfully in New Zealand.
In spite of these legal restrictions, INZ approached the Associate Minister of Immigration asking him to intervene, which his representative did, approving 12-month visitor visas to both Mr and Mrs SA.
This means that the couple did not have to return to their home country, where they had no family support. Now that they hold visitor visas, they are able to apply for any kind of visa before their current visas expire.
Mrs D came to New Zealand on visitor visas with her two children to join her husband, Mr N, who is a New Zealand resident. After arriving in New Zealand, Mrs D applied for a Partner of a New Zealander work visa. She and her husband were interviewed by Immigration New Zealand.
During the interview, Mr N told INZ that he had never had a relationship with another woman since he came to New Zealand. However, he was unaware that INZ had received information from the New Zealand Police that a Ms K had complained about Mr N in 2018,
at which time they were in a “casual” relationship.
After their interviews, INZ sent a “PPI” letter to Mrs D, stating that false information had been provided in Mr N’s interview, and that Mrs D’s application did not meet character requirements for this reason.
Visa Matters responded to INZ’s PPI letter, pointing out that her relationship with Mr N was ongoing (despite his infidelity several years earlier). INZ approved Mrs D’s application, allowing her to remain in New Zealand with her husband and their children.
Ms J applied for a general visitor visa from a “high-risk” country. She had married her New Zealand citizen husband more than a year earlier, but they had not lived together after marriage, and she had been declined temporary visas twice before she approached Visa
Matters Ltd.
INZ sent a PPI letter pointing out Ms J’s “application history” of being declined visas for New Zealand as one reason why she was not a genuine temporary entrant to New Zealand. Because we considered that Ms J’s case officer was being unreasonable, Visa Matters
approached an INZ manager, who intervened in the case and Ms J was approved a visitor visa to join her husband in New Zealand.
Our client was nervous about complaining to INZ about her case officer, but we persuaded her it was the right thing to do – this intervention led to a positive outcome for Ms J.
Mr W’s resident visa was also declined by INZ on character grounds. He had committed three serious offences while under the influence of alcohol, and his application did not meet character requirements to be approved residence.
INZ’s decline letter informed Mr W that he had the right of appeal to the Immigration and Protection Tribunal, but Visa Matters identified that INZ’s advice was incorrect – because of the serious nature of one of Mr W’s convictions, he did not have the right of appeal to the IPT.
Instead, Visa Matters Ltd acted for Mr W in requesting the Associate Minister of Immigration to approve
a special direction to Mr W to waive character requirements because Mr W had not consumed alcohol for several years and was, therefore, unlikely to re-offend.
We worked closely with Mr W to advise him on the kind of evidence that he could provide to INZ to prove a low risk of reoffending.
The Minister’s representative accepted this evidence and approved a special direction for Mr W, waiving character requirements for any future visa applications he makes.
He was subsequently approved work and resident visas so that he could be reunited with his wife.
Mr JS was convicted of possessing cannabis for supply, which meant that he did not meet character requirements for any visa. As a result, his Partnership Category resident visa application was declined.
Visa Matters Ltd acted for Mr JS in appealing INZ’s decline decision to the Immigration and Protection Tribunal.
The tribunal agreed with our submissions that INZ had incorrectly assessed a character waiver for Mr JS and returned the application to INZ for reassessment.
You can read the full decision on the IPT website: Click here.
Visa Matters then made further submissions to INZ in support of a character waiver, and Mr JS was approved residence under the Partnership Category.
Mrs J received a “letter of concern” (also known as a “potentially prejudicial information” or PPI letter) from Immigration New Zealand after she failed to declare on her visitor visa application form that she had been imprisoned in her home country for a drink-driving conviction.
Client AM came to Visa Matters part-way through INZ’s processing of his 2021 Resident Visa application, after INZ sent him a PPI letter (letter of concern) stating AM did not meet character requirements for residence.
AM had been convicted of driving under the influence of alcohol.
Visa Matters represented AM for a character waiver request, which was approved by INZ – this resulted in AM’s 2021 RV application being approved.
Mr X worked in breach of his visa conditions for nearly one year and received a PPI letter from INZ about this. We advised Mr X to stop working in breach of his visa conditions.
We then made submissions to INZ to prove that he was a bona fide applicant who had not deliberately breached his visa conditions.
INZ accepted our submissions and approved Mr X a further Essential Skills work visa. He was very relieved because his employer was about to terminate his employment within 24 hours.
Ms A held an Essential Skills work visa which required her to work for a specific employer in a specific location.
She finished working for that employer, but continued to hold her Essential Skills work visa, which meant that she breached her visa conditions for several months.
After taking Ms A on as a client, we obtained her permission to disclose to INZ that she was no longer working for her previous employer, and to inform INZ that she would shortly lodge a further Essential Skills application.
We also worked closely with Ms A and her employer to prove to INZ that her new employer had made genuine attempts to recruit New Zealanders before she was offered her new role. INZ approved Ms A’s new application based only on the evidence submitted with her application – ‘no questions asked’.
During the processing of this application, INZ identified that her partner had provided false and misleading information on an earlier work visa application and that he did not meet character requirements for this reason.
Visa Matters Ltd advised the clients to be completely honest and truthful about what had happened previously and made a character waiver request on their behalf to INZ, which was approved – both clients were approved residence.