Complex & Declined Cases

Complex and Declined Cases

Visa Declined? Unlawful in New Zealand? Struggling with New Zealand Visas?

This section may be for you. Read this carefully!

On occasion, even the most straightforward Visa application can run into problems. We know this!

It could be a medical condition that is preventing your application from being processed in the usual way or a harmless criminal conviction that is on your record. Or it may be an exceptional case where the Immigration officials may have misapplied the instructions, or considered you ineligible by ignoring relevant facts. Whatever the case, quick and timely intervention is often crucial for saving an application from being declined altogether!
If you identified with any of the cases above, or if you are facing complications with your Visa application, we are your consultants of choice! Our team has experience dealing with cases involving complex medical issues and character waivers, and problems with labour market tests. And we can offer our expert advice.

Another common challenge that many potential migrants face is ensuring that they do not let their Visas expire while in New Zealand. This may happen unintentionally. However, resolving this complex issue will require effort. In such cases, our consultants at Innovius will be able to provide practical and effective advice in all matters that will lead to expedited results.

Further, immigration laws are often misinterpreted by lay people and it is quite easy for Visa holders to become liable for deportation through minor criminal convictions or by slight breach of the Visa conditions.

Many-a-times, Visa holders do not realise that the basis for their Visa ceases to exist. In such cases too, they can become liable for deportation. For example, when the relationship with a partner is annulled, it impacts the relevancy of the Partner Visa; and, the loss of a job directly impacts the status of a Work Visa.

At Innovius, we are prompt and understand the urgency of the matter. The threat of deportation is distressing and painful. And we are professional and sensitive while dealing with these difficult issues.

Deportation Cases

‘Deportation’ is mentioned in the Immigration Act of 2009. It describes all processes for evicting a foreign national who has no right to remain in New Zealand.

The following scenarios may trigger a deportation liability:

  • Staying in New Zealand unlawfully. (i.e. beyond a visa expiry date)
  • Staying in New Zealand on a Visa granted in error.
  • Staying in New Zealand on a Visa obtained under a false identity.
  • The Minister of Immigration may determine that there is sufficient reason to make an entrant liable for deportation, for:
    • Breach of Visa conditions.
    • Criminal offence.
    • Concerns over character.
    • Concealment of relevant information during Visa application.
    • Where the person’s circumstances no longer meet the rules or criteria under which the visa was granted.
  • Obtaining a Visa through fraud, forgery etc.
  • Breaching the conditions of a Visa.
  • Certain criminal convictions.
  • Cancellation of refugee and/or protection status.
  • Being a security risk or threat.

Section 61 Requests

A Section 61 Request must be filed for an occurrence of an unlawful behaviour or conviction.

This activity is very different from a general Visa application activity. A Section 61 Request is assessed by a senior immigration officer and often requires detailed submissions.

We can assist you in submitting the relevant documents for this request. Additionally, we can connect you with the right resources and contacts for expedited action.

Character Waiver/Special Direction Requests:

Immigration New Zealand can raise a concern over a character issue or on a similar matter. And call for a Special Direction Request or Character Waiver Request.

These requests need to be answered promptly, as and when they are raised so that the Visa can be processed as usual.

We can assist you in submitting all relevant paperwork for these types of requests.

Decision Review Requests and Complaints:

If you have grounds to believe that your application was not assessed appropriately by an Immigration officer, you can request a review of that decision.

Further, if you are facing issues with the request for review, such as, it is not being handled properly or accepted by a particular branch, you can lodge a complaint. The complaint is handled by the complaint department.

If the complaint is seen as genuine, and the decision by the immigration officer is deemed incorrect or faulty, the decision is undone and the application is put forward to be processed again. In such a case, the application is processed as a new application that cannot be declined on similar grounds once more. We can aid you to navigate the Decision Review Request and Complaint processes if your case demands this.

Ministry Appeals

Appeals can be made to the Immigration and Protection Tribunal (IPT). The IPT is the body in charge for appeals against Visa and deportation decisions.

We can help you fulfil the necessary obligations, and get you a realistic chance at an appeal!

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