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    Archives: Case Studies

    Immigration New Zealand’s Consideration of Section 61 Request

    Adebiyi came to New Zealand from Nigeria in 2019 on a Student Visa with the dream of doing research work in science and making his parents proud. Adebiyi was happy with the way things were progressing and soon reached a stage where he needed to renew his visa, expiring in June 2021. Somehow Adebiyi formed an impression that the University he was studying was responsible for processing his visa.

    Unfortunately, this was not true. Studies & exams kept a sincere student like him busy. Unfortunately, by the time he realized the situation’s urgency, his visa had already expired, and his immigration status had become “unlawfully in New Zealand”.

    Confused and not knowing what to do, Adebiyi discussed his situation with his friend, urging him to consult Immigration Advisers New Zealand Limited, the best immigration advisers in New Zealand. He was lucky to immediately get an appointment with experienced and knowledgeable Senior License Immigration Adviser Vandana Rai.

    Vandana discussed the case with Adebiyi in great detail and advised him to make a Section 61 request. Vandana initially assessed the case and established that Adebiyi was a genuine student pursuing an advanced course of studies from a world-ranked university and was progressing well in his studies. However, from experience, Vandana knew that his academic credentials alone would not condone the mistake he had committed. The most challenging part was identifying the evidence that could satisfy INZ because the evidence on hand was negligible.

    The challenges faced were:

    • The University refused to issue a fee receipt to show the period covered by the fee paid.
    • Adebiyi’s passport was about to expire (without a valid passport, even if INZ wanted, they could not have granted a visa).
    • The New Zealand bank account statements did not show sufficient funds; thus, offshore bank account statements would have to be submitted.
    • The bank statements of onshore and offshore accounts had numerous unexplained deposits.

    The work included detailed brainstorming regarding what evidence could be provided for each transaction; and ensuring that the evidence is from neutral, verifiable, and credible sources. In addition, Vandana and her team undertook extensive research around the foreign remittance policies of Nigeria. Finally, she ensured that the supporting evidence was such that it proved beyond any doubt that the questioned transactions were genuine. After all, as explained earlier, in section 61 requests, nothing could be left to chance. Nothing!

    After many deliberations, Vandana successfully convinced the University to issue a distinct fee receipt for Adebiyi that mentioned the period covered by the fees paid. Also, she requested the Nigerian embassy to expedite the renewal of Adebiyi’s passport.

    Vandana also included a description of the significant value of Adebiyi’s research to New Zealand’s society in the application. Fortunately, Adebiyi received his new passport within time. Finally, Vandana submitted his section 61 request after a thorough scrutiny of the entire file.

    Outcome

    Due to the detailed representation covering each factor, Immigration New Zealand (INZ) was satisfied that Adebiyi had met all the assessment criteria, and there was nothing more to be clarified. Accordingly, INZ approved his section 61 request, and the client can now continue his research studies without having the stress of his immigration issues.

    (The names of clients have been changed to protect their privacy.)

    NZ Border Exception Granted Despite Client’s Adverse Immigration History

    Venkatesh’s wife, Promila, an overseas registered nurse who had always dreamed of working and settling abroad, decided to come to New Zealand to complete her Competence Assessment Program(CAP) to become a registered nurse. However, she knew that travelling to New Zealand would not be easy, especially during the current COVID 19 situation. So she searched for a reliable, experienced and knowledgeable person who could help her and her family with the admission and visa process. One of her friends recommended Vandana Rai, senior Licence Immigration Advisor at Immigration Advisers New Zealand Ltd. (IANZ). Vandana has immense experience with the CAP category of visas and has assisted her friend too with their respective visa applications.

    She contacted IANZ to enquire about the process of travelling to New Zealand with her beloved husband Venkatesh.

    During the initial assessment process and interaction, it emerged that Venkatesh had been deported from two European countries due to an issue with his travel documents when he used to work as a Seaman. A zoom call was arranged between Venkatesh and Vandana for a detailed discussion to understand the circumstances that resulted in his removal. Another experienced licensed adviser, Manmeet Singh Grover, worked with Vandana on this case. Further information and documentation were requested based on which it seemed that circumstances that lead to Venkatesh’s removal were largely beyond his control. Being removed from a country is a potential character concern that comes under the purview of section 15 of the Immigration Act 2009, which only permits a grant of visa through a special direction by Immigration New Zealand (INZ).

    The challenge now was to convince INZ of the same. It was challenging because the INZ website only provides limited space to explain the circumstances when applying for a border exception. There is no provision to upload any documents. This is where Vandana’s immense experience benefited the client. Vandana and her team identified the challenges and pitfalls in advance and put in a lot of effort and time to explain the applicant’s circumstances accurately to INZ.

    INZ issued an Invitation to Apply (ITA) to Venkatesh and his wife to apply for a Critical Purpose Visitor Visa, specifying that supporting documentary evidence must be provided with the visa application. The documentary evidence was submitted along with a detailed explanation based on which INZ was satisfied that the circumstances of his removal were beyond his control and that he met the character requirements for entry to New Zealand. INZ raised no further concerns and the visa was approved.

    The couple is happy to be together in New Zealand and Promila is doing well in her course. We wish them the very best for their future.

    (The names of clients have been changed to protect their privacy.)

    Building a New Life in New Zealand: Education and Immigration Opportunities for Families

    Imagine this—your family standing together on a pristine beach, the waves rolling in as your children laugh and collect seashells. Meanwhile, your spouse has just landed a fulfilling job, and you’re embarking on an educational adventure that’s about more than just a degree—it’s a chance to build a brighter, more secure future for your loved ones. This is what life could look like when you choose New Zealand.

    If you dream of top-notch education, exciting career prospects, and a safe, nurturing home for your family, New Zealand offers it all. With its world-class education system and welcoming lifestyle, it’s the perfect place to take that next step together.

    Why Choose New Zealand for Education?

    When Rachel, a mother of two, moved to New Zealand with her family for her Master’s in Engineering, she couldn’t believe how easy it was for everyone to settle in. Her kids adjusted to school almost instantly, and she found the support she needed to balance her studies and family life.

    What makes New Zealand so special as an education destination?

    • Top-Tier Institutions
      New Zealand’s universities consistently rank among the best in the world. Whether you aim to excel in technology, healthcare, engineering, or the creative arts, you’ll find programs designed to prepare you for real-world success.
    • Practical Learning
      Unlike traditional rote learning, New Zealand emphasizes hands-on experiences. You won’t just learn theory; you’ll develop practical skills that employers value. Rachel, for instance, landed an internship during her studies that propelled her career forward.
    • Supportive Environment
      Small class sizes and encouraging tutors mean you’ll never feel lost in the crowd. Institutions are tailored to offer personalized attention, which can be a game-changer if you’re returning to education after a career break.

    New Zealand also caters to mature students and skilled professionals, offering courses that align with career shifts or upskilling. Families like Rachel’s know that no matter where they are in life’s timeline, opportunities abound.

    The Family-Friendly Advantage

    For families, New Zealand is more than a destination—it’s a second home. The sense of belonging here is unparalleled, and this extends right into your day-to-day lives.

    • Partner Work Rights
      While Rachel studied, her husband, Steve, secured a full-time job, thanks to the work rights that come with her visa. Not only did this provide financial stability, but it also allowed Steve to integrate into New Zealand’s job market and grow his career.
    • High-Quality Education for Kids
      Rachel’s kids thrived in their new school on a dependent child visa, where creativity and critical thinking were encouraged. “No more endless hours of cramming,” Rachel said. “They actually enjoy learning now!” Younger children can also benefit from exceptional early childhood education programs, laying a solid foundation for their futures.
    • Safe and Nurturing Lifestyle
      New Zealand is consistently ranked as one of the safest places in the world. Rachel loved that her children could walk to school without worry and play freely in the local parks. “It gave me peace of mind knowing my family was truly secure here,” she shared.

    The entire family transitions together, growing individually while fostering a tighter bond in their new life abroad.

    From Studies to Permanent Residency

    Perhaps one of the most exciting aspects of moving to New Zealand is the pathway it opens toward permanent residency. Families find that what starts as an educational pursuit can turn into a lifelong opportunity to thrive.

    • Post-Study Work Visa
      After completing your studies, like Rachel did, you can apply for a post-study work visa. This gives you (and your family) time to settle in, gain valuable work experience, and explore your next steps in the country.
    • Skilled Migrant Pathway
      With your New Zealand education and work experience, you’re well-positioned to apply for residency under the Skilled Migrant Category. This isn’t just about paperwork—it’s a chance to transform a temporary stay into a permanent home.
    • Long-Term Settlement
      Rachel and her family took this route and now proudly call New Zealand home. “We feel so integrated here,” she said, “whether it’s in our community or at work. It’s more than just a move—it’s our new life.”

    See Your Future in New Zealand

    Dream for a moment. What do you see for your family’s future? Your kids attending schools that inspire them to think creatively? Your partner working in a field they love? You thriving in a program that pushes boundaries and builds a lasting career? All of this is possible in New Zealand.

    • A Holistic Lifestyle
      New Zealand is an outdoor paradise, filled with natural parks, hiking trails, and unspoiled beaches. Families can picnic by crystal-clear lakes one day and uncover breathtaking mountain views the next.
    • Cultural Diversity
      No matter where you’re from, you’ll find a place in New Zealand’s multicultural society. From festivals to food, the nation celebrates diversity and fosters an environment where everyone feels welcomed.
    • Limitless Opportunities
      Rachel’s family quickly discovered opportunities outside the classroom and workplace. From local sports leagues to community events, there’s always something to be part of.

    Your Path to a Brighter Tomorrow

    Yes, moving abroad is a big leap. But as families like Rachel’s have seen, New Zealand doesn’t just offer an education or a job—it offers a new beginning, a brighter tomorrow for everyone in your family.

    Whether it’s academic excellence, career advancement, or a safe place to raise your children, New Zealand paves the way for a holistic, fulfilling life. The opportunities are limitless, and they’re waiting for you to take that first step.

    Are you ready for this adventure? Begin your education pathway in New Zealand today. A secure, happy, and exciting new chapter for your family starts right here.

    Your brighter tomorrow begins now.

    Achieving Success with Student Visa Approval for Philippine Client

    International students from the Philippines frequently face intricate challenges when applying for student visas, especially regarding financial stability and academic progression. Recently, one of our clients from the Philippines encountered difficulties that jeopardised their plans to study in New Zealand.

    Through our comprehensive guidance on student visa documentation related to finances and academic progression, meticulous preparation of documents, and expert advice on presenting academic history, we successfully obtained student visa approval for the client, allowing them to begin their educational journey abroad.

    Introduction

    New Zealand is a highly desirable destination for international students, renowned for its exceptional educational standards, vibrant cultural setting, and streamlined and multiple residence visa pathways. However, securing a student visa can be challenging, particularly for students from regions such as the Philippines.

    Our client, an aspiring international student from the Philippines, was keen to pursue higher education in New Zealand and follow a streamlined pathway to a residence visa but encountered substantial obstacles in the visa application process. This case study examines how our services enabled their successful visa approval, showcasing our strategic approach to navigating the complexities of international education regulations.

    The Problem

    For many international students from the Philippines, obtaining a student visa presents several challenges:

    • Financial Evidence: It’s essential to demonstrate a stable and transparent source of funds. Applications are often rejected due to unexplained lump sum deposits or insufficient financial history, which can raise concerns about the authenticity of the funds.
    • Funds Held on Behalf: Evidence must be in the student’s name or their financial guarantor or sponsor. Avoid including evidence that cannot be verified as genuine.
    • Financial Sponsor/Guarantor: Only one sponsor or financial guarantor is allowed. INZ typically accepts a financial guarantor as legitimate only if they are an immediate family member (such as a spouse, parents, siblings, grandparents, or parents-in-law), and you can prove your relationship. The financial sponsor/guarantor must provide credible evidence of employment and financial stability, including employment details and three months of salary information, along with proof of acceptable funds.
    • Payment/Funding Plan: Students pursuing multi-year courses must have liquid funds for the first year’s tuition and living expenses and a credible plan for financing subsequent years. This plan should include the sponsor’s or financial guarantor’s stable employment, with employment history and salary details to demonstrate their ability to continue financial support while managing their own expenses. It should also involve assets that can be liquidated without impacting the sponsor’s or family’s lifestyle, such as multiple rental properties.
    • Academic Alignment: The chosen program of study should logically progress from the student’s previous educational and professional background. Unexplained gaps or deviations can lead to application rejection.
    • Language Proficiency: First-time applicants from the Philippines must demonstrate English proficiency through internationally recognised assessments.
    • Documentation Accuracy: Adhering to strict documentation requirements within specified timelines is crucial to avoid delays or rejections.

    The Solution

    Our team adopted a multi-faceted approach to address these challenges:

    • Financial Review and Guidance: We conducted a thorough review of the client’s financial documents, ensuring a clear history of stable funds over three to six months. We provided guidance on sourcing and presenting legitimate financial evidence to meet New Zealand’s visa requirements.
    • Academic and Work History Advisory: We helped the client organize their academic and work records, emphasising the logical progression of their intended study program showcased through Statement of Purpose (SOP). This included crafting coherent explanations for any academic gaps or program shifts.
    • Document Preparation and Submission: Our experts ensured all necessary documents were precisely prepared and submitted promptly. We double-checked each submission against immigration standards to maximise approval chances.

    Results

    The outcomes of our intervention were profoundly impactful:

    • Visa Approval: The client successfully obtained their student visa, allowing them to commence their studies in New Zealand.
    • Streamlined Process: Our systematic approach reduced the stress and uncertainty often associated with visa applications, providing the client with confidence and clarity throughout the process.
    • Enhanced Reputation: This success story reinforces our expertise in handling complex student visa applications, bolstering our reputation as a reliable partner for international education aspirants.

    Conclusion

    Our collaboration with this Philippine client underscores the importance of strategic planning and expert advisory in overcoming the intricacies of international student visa applications. We anticipate further success stories as more students benefit from our tailored solutions. We remain committed to supporting clients in their quest for global education opportunities, fostering a seamless path to achieving their academic dreams.

    For those ready to take the next step in their educational journey, we invite you to book a consultation with our team of experts. Please feel free to mail us at Philippines@nzimmigration.info. Explore how we can assist you in making your study abroad aspirations a reality.

    Visitor Visa General secured despite limited living together duration

    Sabina got married to Mukul (name changed) in 2014. Mukul was a New Zealand resident. Thrice she applied for a visa on her own but each time the visa application was declined. Each time they wanted to be together, Mukul had to fly down to their home country Nepal to spend time together. Every time Mukul was able to live for only a short time in Nepal due to work commitments in Nez Zealand.

    Sabina realized that she needed the help of an expert to apply for her visa. She then came across Immigration Advisers New Zealand Ltd. on social media and connected with senior Licensed Immigration Adviser Vandana Rai.

    Vandana Rai noted that the couple had only spent a few months together in the 9 years since they had been married. In addition to this, the couple did not have substantial documentary evidence to demonstrate that they had lived together even for a few months and hence proving that the relationship met the partnership requirements would be a challenge.

    Vandana knew that it was crucial to demonstrate that the relationship was genuine and stable and met all the other partnership requirements as well. A detailed relationship history was provided along with supporting evidence. Also, all the concerns highlighted in the previous visa declines were addressed with a proper explanation and corroborating evidence. All this which made the case self-explanatory.

    Sabina was granted a Visitor Visa General within a few days of lodging the application.  She was overwhelmed with the visa approval and was glad that she chose the expertise of Immigration Advisers New Zealand Limited.

    (The names of clients have been changed to protect the privacy.)

    Disclaimer: This article does not constitute immigration advice. Individual need to seek personal advice from a licensed immigration adviser or lawyer to assess their unique situation.

    Visa approved in spite of adverse immigration history

    Rajesh first arrived in New Zealand in April 2015 on a Dependent Visitor Visa with his wife Kriti who had a Student Visa. The couple lived together in New Zealand with Kriti pursuing her qualification and Rajesh staying at home. Kriti completed her studies and in September 2016 she was granted a one-year Post Study Work Visa. However, Rajesh’s Partnership Based Work Visa application was declined as Rajesh failed to provide additional information to Immigration New Zealand (INZ) when requested. Rajesh’s subsequent appeal against the decision and his request for visa under Section 61 were both unsuccessful. Unfortunately, in the process of trying to legalize his status, Rajesh became unlawful in New Zealand and in July 2017, he was deported from New Zealand.

    With no other option available, Rajesh returned to his home country in August 2017 and appealed to the Ombudsman but the request was rejected. In September 2018 he once again applied for a Partnership Based Work Visa but this was declined. The couple received another big blow when Rajesh who was included in Kirti’s 2021 Resident Visa application was declined a visa once again due to not being able to satisfy the living together criteria.

    The reasons for decline were different each time and by now, the couple had lived apart for six years. They could not understand why Rajesh’s application was being declined time and again despite them submitting all the required documents.

    Rajesh realized that he needed the expert advice of a skilled immigration adviser to lodge his next application. He came across Immigration Advisers New Zealand Limited and connected with senior Licensed Immigration Adviser Ms. Vandana Rai.

    Vandana understood the complexities of his case. It was evident that there was a high likelihood of the application being declined again by INZ if not represented well and skillfully.

    On investigation, it was revealed that INZ had declined Rajesh’s applications due to anonymous information received from a third party. Vandana Rai noted that the anonymous information was never declared to Rajesh and hence he was never given the opportunity to comment on this prejudicial information while it was used in determining Rajesh’s application.

    Vandana Rai had indepth discussions with Rajesh and Kriti, she identified the category of visa that would be most suited for Rajesh and the specific documents that would be required to build a strong case and prove that the couple were in a genuine and stable relationship. The application was submitted to INZ not only with specific documents showcasing the relationship but also a detailed letter from Vandana Rai advocating for Rajesh.

    Rajesh and Kriti were overwhelmed when Rajesh’s visa was approved after six long years of repeated visa applications and separation. They expressed that one of their best decisions was to choose the expertise of Immigration Advisers New Zealand Limited.

    Rajesh in now happily living in New Zealand with his wife Kriti and they are in the process of applying for Rajesh’s next visa represented by Immigration Adviser New Zealand Limited.

    (The names of clients have been changed to protect the privacy.)

    Disclaimer: This article does not constitute immigration advice. Individual need to seek personal advice from a licensed immigration adviser or lawyer to assess their unique situation.

    Visitor Visa General secured in spite of inconsistency in the marriage date

    Bhim and Kajal got married in April 2021 and soon after their marriage, Kajal left for New Zealand to study a level 5 course in Hospitality Management. Bhim wanted to travel to New Zealand to be with Kajal and therefore needed to apply for a partnership based visa.

    When Bhim went to obtain a marriage certificate he discovered that as Kajal was a little less than 20 years of age at the time of marriage, their marriage would not be considered legal with the original date of marriage. He was therefore issued a marriage certificate which stated a marriage date that was six months after the actual date of marriage. Also, Bhim and Kajal had limited evidence to show that they had lived together in a genuine and stable relationship after marriage.

    Bhim wanted a skilled immigration adviser to handle his complex case. He came across Immigration Advisers New Zealand Limited on social media and connected with our senior Licensed Immigration Adviser Ms. Vandana Rai.

    Vandana Rai understood the complexities of his case and explained to him that it was crucial to demonstrate the genuineness of the relationship and genuine intent to visit New Zealand on a temporary visa. She also assessed the surrounding circumstances of the couple in detail to determine the visa type that would be most appropriate for them and one that would be likely to have a positive outcome.

    Vandana Rai, with her vast experience and in-depth knowledge of immigration instructions, prepared a strong case. Detailed documentation was provided which made the case self-explanatory and decision ready when the application was lodged with Immigration New Zealand. The result was that Bhim was granted a visa within four working days.

    Bhim and Kajal were both overwhelmed and ecstatic upon receiving the visa so quickly especially since they believed that their case was weak. They were very glad that they chose the expertise of Immigration Advisers New Zealand Limited.

    (The names of clients have been changed to protect the privacy.)

    Disclaimer: This article does not constitute immigration advice. Individual need to seek personal advice from a Licensed Immigration Adviser or lawyer to assess their unique situation.

    Culturally Arranged Marriage Visitor Visa Approved despite NZ Border Closure

    Swati and her fiancé Harish, who is a New Zealand citizen, got engaged in February 2020 and had plans to get married in India in May 2020. The pandemic, however, changed everything and they had to postpone their wedding plans. They thought the situation would improve in a few months, but they could not see any light at the end of the tunnel and felt dejected because of the circumstances.

    One day, Harish came across a video of our Senior Licensed Immigration Adviser Vandana Rai on Facebook where she talked about the Culturally Arranged Marriage Visa category. He was intrigued by the information provided in the video & felt it was meant just for him. Harish did his research on Vandana and after reading numerous positive reviews on Google and social media immediately booked an appointment with her.

    Vandana Rai had a detailed discussion with Harish and Swati to assess if they met the strict requirements for a visa under this category. Given the risk associated with travelling overseas during the pandemic, Harish and his family based in New Zealand were keen to have the wedding ceremony in New Zealand.

    The main requirement under this category is to be able to demonstrate that the marriage follows an identified and recognised cultural tradition where the arrangements for the marriage, including facilitation of the initial selection of the persons to be married, were made by persons who are not parties to the marriage. The applicant also needs to demonstrate that the marriage will be maintained on a long-term and exclusive basis and that couple genuinely intends to marry within three months of the applicant’s arrival in New Zealand.

    This requirement is not always easy to substantiate with documentary evidence since, in most cultures, the initial interaction or meeting is done face to face or the family members may not have kept or maintained evidence of the initial communication. If the applicant is not able to demonstrate to the immigration officer’s satisfaction that the marriage followed an identified and recognised cultural tradition, then the application may be declined.

    These applications require in-depth knowledge and correct interpretation of the New Zealand immigration instructions to be able to get a favourable outcome and this is where the extensive experience of Vandana and her team came in aid of Swati and Harish. Vandana’s meticulous approach and knowledge enabled the couple to gather the required evidence. This included evidence to show the marriage was culturally arranged and that it would take place within three months of the applicant’s arrival in New Zealand. The application was lodged on 01 August 2021.

    The time and efforts put into the gathering of documents and evidence in support of the application along with the detailed explanation provided, enabled Swati to get her visitor visa approved on 26 September 2021. Since all the evidence and information was provided upfront, the immigration officer was able to make a decision based on the available information without having to seek further information or clarification. Since this is a relationship-based visa, Swati can travel to New Zealand despite the current border closure.

    The couple was delighted to receive the visa. Swati has secured a place in the MIQ and will reach New Zealand in the last week of November. The wedding ceremony is slated to take place in the first week of December. We are delighted to have been able to help the couple and wish them the very best for their future.

    (The names of clients have been changed to protect their privacy.)

    Disclaimer: This article does not constitute immigration advice. Individuals need to seek personal advice from a licensed immigration adviser or lawyer to assess their unique situation.

    CAP seat secured, despite multiple English language test scores.

    Mehnaz Kaur came to New Zealand from India on a Partnership Based Visa. Her husband was already in New Zealand holding a Post Study Work Visa. After coming to New Zealand, Mehnaz wanted to get herself registered as a Nurse.

    As per the Nursing Council of New Zealand (NCNZ), an applicant who wants to become a registered nurse in NZ needs to meet the following requirements:

    • Hold a bachelor’s degree in nursing
    • Must have a minimum two years of work experience post-qualification
    • Meet the English language requirement of overall and individual 7.0 in each band in IELTS or B in OET (Occupational English Test).

    Mehnaz met the first two requirements as she had completed her Bachelor of Nursing from India and worked for more than two years as a registered nurse. However, she had not appeared for any English language test in India. After coming to New Zealand, she saw the demand for health care workers. She decided to give the English language test to prove her proficiency and meet the eligibility criteria of NCNZ.

    She cleared her OET after several attempts and made her application to the Nursing Council. They provided her with a decision letter and asked her to complete the Competency Assessment Program (CAP).

    CAP is a short course with a duration of 8-12 weeks. A few providers offer these courses, and getting a seat for the program is always a challenge. Mehnaz contacted Immigration Advisers New Zealand Ltd and requested assistance in securing a CAP seat for her. Our Senior Licensed Immigration Adviser Vandana Rai assessed her documents and assured her complete assistance while securing a CAP admission.

    Challenge

    Even though the Nursing Council of New Zealand accepts multiple results to meet the English language requirements, the CAP providers have their own set of requirements. As Mehnaz had cleared her OET after three attempts, it was a challenging task for our admission team to secure a CAP seat for her. The Immigration Advisers New Zealand Ltd. team applied to various providers and finally secured a CAP seat for her. The team was also able to get her a scholarship on her fees which made Mehnaz very happy.

    Outcome

    Vandana and her team’s efforts resulted in Mehnaz getting a CAP seat, and that too with a discounted fee! Currently, Mehnaz is enrolled for the course and will soon be a Registered Nurse in New Zealand and serve society.

    (The names of clients have been changed to protect their privacy.)

    Disclaimer:

    This article does not constitute immigration advice. Individuals need to seek personal advice from a licensed immigration adviser or lawyer to assess their unique situation.

    Family Unable to Enter NZ Due to Border Restrictions, Reunited by Successful Advocacy and Approval of Border Exception Request.

    In February 2020, Sneha and her children were granted partner of a student visa and dependent children visa respectively to travel and enter to NZ to join Sumit (husband and father), a student visa holder in New Zealand. However, by the time they could make the travel arrangements, the border was closed, and they could not fly to New Zealand. Their visas were valid until 31 August 2021.

    When the New Zealand government announced the new border exception criteria in April 2021 for people still holding valid visas, Sneha and Sumit saw a ray of hope. Sumit, meanwhile, had completed his course and was granted a post-study work visa in early August 2021. Sumit contacted a few immigration advisers and even the immigration contact centre to confirm if his wife and children were eligible for a border exception. Unfortunately, they all conveyed that his family was not eligible.

    Sumit was not convinced and kept searching for information and advisers to guide him correctly but in vain. Luckily, he came across a Facebook video of our Senior Licenced Immigration Adviser, Vandana Rai, where she spoke about the border exception criteria. So he reached out to her on 26 August 2021. She reviewed all the information and documentation to determine the eligibility for his family. She assessed the family as eligible, spoke to the applicant and quickly organised everything to lodge the border exception request as the family only had time till 31 August 2021 to lodge the request; otherwise, they would not have been eligible.

    The border exception request was lodged on 27 August 2021, got approved on 30 August 2021, and Immigration New Zealand (INZ) issued an Invitation to Apply (ITA). Sumit and Sneha were glad that they contacted Vandana in time for the application process. Their application was lodged on 10 September 2021, and the visas were approved on 06 October 2021. Sneha is now making arrangements to travel to New Zealand.

    This shows how important it is to choose an adviser who is well versed with the immigration instructions and requirements, especially the ones for border exceptions. These requirements are updated regularly, and an experienced licensed adviser always remains abreast of these changes. Also, when warranted, timely and prompt action can be the difference between a decline and an approval. Had Sumit not contacted Vandana Rai and got her expert advice, his family would have been stranded overseas until next year.

    Sumit is eagerly awaiting his family’s arrival in New Zealand, and we wish the family the very best for their future.

    (Name of the client has been changed to protect their privacy)

     

    Disclaimer:

    This article does not constitute immigration advice. Individuals need to seek personal advice from a licensed immigration adviser or lawyer to assess their unique situation.

    Essential Skills Work Visa Granted Despite Employer Sustainability Concerns

    Jagjit Singh came to New Zealand in April 2019 on a Partnership Based Work Visa. Jagat’s wife was holding a student visa and pursuing an IT course then. On arriving in New Zealand, Jagjit started looking for a suitable job for himself and shortly afterward managed to get one.

    Jagjitsoon opted to apply for a subsequent work visa as his open work visa based on partnership was nearing its expiry date. He wanted to apply for an Essential Skills Work Visa and decided to engage the services of a Licensed Immigration Adviser (LIA) as he knew it was a complex process. He checked online and found Immigration Advisers NZ Ltd. Jagjit was immensely impressed with the reviews on both Facebook and Google. He realised that Immigration Advisers NZ Ltd. had the most reviews of all the Licensed Advisers in New Zealand.

    Jagjit called and scheduled a meeting with a Himanshu Rai. Jagjit was very anxious as he knew there were several immigration instructions related obstacles for him to overcome after all the horror stories he had heard from friends & the media. However, as a wise and experienced LIA, Himanshu managed to clear all of Jagjit’s doubts and put him at ease.

    Jagjitbecame quite confident after his interaction with Himanshu and felt that his future in New Zealand was in good hands. He also informed his employer regarding his meeting with LIA. After that, the employer also decided to meet Himanshu. He wanted to recruit more than one person and had already selected three based on the CV’s he had received in response to the job advertisement. Another concern of the employer was that this was a start-up company, established only a few months ago. He was uncertain about how Immigration New Zealand (INZ) would process & decide the applications as there was an issue of employer sustainability.

    Himanshu explained to both Jagjit and the employer what documents they had to provide to make a strong case. Based on Jagjit’s recommendation, the other two selected employees also decided to enlist the services of Immigration Advisers NZ Ltd. Himanshu and his team of LIA’s successfully anticipated all possible concerns that could be raised by INZ and alleviated them by making a solid case by providing the necessary evidence and explanation along with the applications. As a result, to Jagjit’s amazement, his Essential Skills Work Visa (ESWV) application was approved within three weeks of lodgement. Not only Jagjit, but the other two applicants also had successful outcomes thanks to Himanshu’s and his Team’s expertise and hard work. Also, the employer was extremely impressed with Himanshu and was glad to have enlisted Immigration Advisers NZ Ltd, and have now decided to take their help with his other employee’s visa applications too.

    If you face a similar situation or need assistance with your visa application, feel free to email Immigration Advisers New Zealand Ltd. at contact@nzimmigration.info or call +64 09 3790219.

    (Name of the client has been changed to protect their privacy)

    Disclaimer:

    This article does not constitute immigration advice. Individuals need to seek personal advice from a licensed immigration adviser or lawyer to assess their unique situation.

    Immigration Policy Gap Successfully Identified

    Murli, an engineering graduate from India, came to New Zealand to work as a Database Application Engineer on a WTR or Work to Residence Visa in 2017

    After holding the WTR visa for 26 months, in December 2019 Murli applied for his Residence from Work visa application on his own. His WTR visa was expiring in April 2020. Since his Residence from Work Visa processing was taking longer than expected due to pandemic, Murli decided to apply for a subsequent visa to remain lawful in New Zealand. He intended to extend his WTR visa, but he instead selected the Essential Skills Work Visa option since the required one option was not available at that time. The WTR extension appropriate option came into effect from 28/9/2020. Due to this, INZ raised a concern for his Residence from Work Visa application as one of the requirements of this category is that the applicant should be on a current WTR when processing his residence visa.

    The Potentially Prejudice Letter (PPI) letter received from Immigration New Zealand (INZ) stated that Murli was not a holder of a WTR visa – Long Term Skill Shortage List(LTSSL). This, although true, was not what Murli had intended or desired when he had applied for his visa. Shocked at receiving a PPI and not knowing what to do, Murli immediately contacted Immigration Advisers New Zealand Ltd, the best immigration advisers in New Zealand.

    During the initial assessment, it became apparent to experienced and SeniorLicense Immigration Adviser Vandana Rai that neither INZ’s case officer nor the client was at fault. INZ policy had a gap, and there was a need to fill it. There was only one option – to buy some time. Murli’s application had already been with INZ for almost two years. If it were to be declined for not meeting a technicality, it would mean two years of futile efforts for Murliand he would have to apply again for a Work to Residence visa and redo the entire process.

    In a well-drafted response to the PPI, Vandana Rai and her team consisting of Licensed Immigration Adviser Vineet Bhardwaj advocated Murli’s case before INZ by accentuating his genuine circumstances and successfully conveying to INZ that the past occurrences were not intentional and beyond his control The non-availability of a relevant policy at that crucial juncture also did not help Murli’s cause. The case officer was satisfied with the explanation provided and granted time to apply for new work to residence visa.

    Accordingly, Vandana lodged a new WTR – LTSSL visa on Murali’s behalf. Based on the detailed explanation, INZ was satisfied that Murli had met all the criteria and there was nothing more to be clarified. His Work to Residence visa application was subsequently approved, and the client will now be able to approach INZ for his Residence from Work application to be assessed based on the new evidence.

    From this case study, it becomes evident that even the relatively more straightforward pathways also need overall scrutiny and preparation by the experts such as Immigration Advisers New Zealand Ltd. It is always better to seek expert advice from professionals who have a proven track record. A case in point demonstrates the same.

    (The names of clients have been changed to protect their privacy.)

    Disclaimer:

    This article does not constitute immigration advice. Individuals need to seek personal advice from a licensed immigration adviser or lawyer to assess their unique situation.

     

    Aligning Second Course Choice With Second Post Study Work Visa and Residence Pathway

    Sushmita Lama came to New Zealand from Nepal to study Diploma in Hospitality Management level 5 and 6 in 2017. She completed her studies in 2019, got a Post Study Work Visa and successfully supported her husband’s partnership-based Visa. However, in 2021 while Sushmita was on a Post Study Work Visa she decided to upskill herself and study further. She approached Immigration Advisers New Zealand Ltd.(IANZ) for education and immigration related advice that could align with her goal of gaining Residency in New Zealand.

    During the first interaction Sushmita appeared quite confused about which course she should pursue. She had no knowledge about the study courses/ programmes offered by the educational institutes in New Zealand and was depending on advise from our student counsellor to help her make the right decision. She had two requirements:

    • First Requirement – She wanted a course that would make her eligible for a second Post Study Work visa
    • Second Requirement – Her husband who was with her in New Zealand should be eligible to get a work visa.

    Our Senior Licensed Immigration Advisers Vandana Rai had a discussion with Sushmita and understood her requirements. Vandana suggested that she apply for a Bachelor’s Degree in Applied Management with Cross Credits/Recognition of Prior Learning.

    The reason why she suggested her a Bachelor’s Degree was due to two reasons:

    Bachelor’s degree is a 3-year course with 360 credits. Although Sushmita was happy to study this course but Vandana and her team strived to get her Recognition for her Prior Learning in New Zealand.  As Sushmita did not have any qualifications in business management, it was a challenge to get her any cross credits. The Immigration Advisers NZ team applied to a couple of education providers, emphasizing her previous qualification. Finally, Sushmita got an offer letter to study Bachelor of Applied Management with seven papers cross credited, reducing her course duration by almost a year in addition to saving one year of tution fees. Also, the course offered her 300 hours of internship in the final year, which would help her get hands-on training and practical experience. Furthermore, Sushmita would be eligible for a second post-study work visa on completion of this course.

    It was a challenging task for Vandana and her team to meet the client’s requirements, but they managed to do so. Immigration Advisers NZ Team always strives to meet the client’s expectations.

    Outcome

    Vandana Rai and her team’s effort and advocacy resulted in Sushmita being granted a second student visa for a course, on completion of which she would be eligible for her second Post Study Work Visa. Her husband too was granted a work visa as her dependent. Sushmita is now studying her course and is very happy is very grateful to Vandana Rai for guiding her in selecting the correct study pathway.

    (The names of clients have been changed to protect their privacy.)

    Disclaimer:

    This article does not constitute immigration advice. Individuals need to seek personal advice from a licensed immigration adviser or lawyer to assess their unique situation.

    Border Exemption Approved Inspite Of Adverse Immigration History

    Sangam applied for a partnership-based visitor visa to enter New Zealand and reunite with his wife Drishti in 2019. Drishti, at that time, was in New Zealand on a Student Visa. However, Immigration New Zealand (INZ) declined the application as the Immigration Officer was not satisfied that the couple met the requirements of living together in a genuine and stable relationship as defined by the New Zealand immigration instructions.

    After the decline, the couple was sad and dejected and started looking for an experienced immigration adviser to review their case and help Sangam reapply. Whilst doing their research, they came across the profile of our Senior Licensed Adviser Vandana Rai, who has immense experience with partnership applications.

    Sangam’s wife, Drishti, met Vandana at their office in Auckland, and Sangam joined the meeting on the phone. Vandana went through the decline letter noting the concerns listed, and suggested ways to mitigate those concerns by providing additional documents to satisfy the immigration requirements. As a result, a new application with additional documentary evidence was lodged in late 2019.

    The application was in the queue when the COVID-19 pandemic hit in March 2020, which meant that the application processing was put on hold. However, Vandana was in regular touch with the couple and actively kept looking for border exception options. The moment INZ announced the new border exception criteria for partners of critical health workers, Vandana contacted Drishti as she was aware that Drishti was working as a caregiver. After completing the necessary formalities, Vandana lodged an Expression of Interest (EOI) for a border exception.

    However, INZ declined the border exception request by relying solely on the previous decline and overlooked the updated information/documentation provided along with the subsequent application. After reviewing the decline letter and noting the procedural flaws, Vandana and her team made a reassessment request to INZ. In the request for reassessment, the submission pinpointed an incorrect assessment process followed, with utter disregard for fairness and natural justice principles. INZ accepted the error and provided two options to the client- to either allow INZ to continue the processing of the existing application or lodge a fresh one. Client instruction were taken to go ahead with the option of continuing with the existing application and Vandana provided all the updated evidence of the relationship.

    The application was approved within two weeks, and Sangam is now making his travel arrangements to New Zealand to reunite with his wife. This case study highlights the importance of having an experienced licenced immigration adviser who is not only well versed with the immigration instructions and the process but is also able to hold INZ accountable when they falter.

    Drishti is eagerly awaiting Sangam’s arrival to New Zealand. We hope the couple is reunited soon and wish them the very best for their future.

    (The names of clients have been changed to protect their privacy.)

    Disclaimer:

    This article does not constitute immigration advice. Individuals need to seek personal advice from a licensed immigration adviser or lawyer to assess their unique situation.

    Immigration New Zealand’s Consideration of Section 61 Request

    Adebiyi came to New Zealand from Nigeria in 2019 on a Student Visa with the dream of doing research work in science and making his parents proud. Adebiyi was happy with the way things were progressing and soon reached a stage where he needed to renew his visa, expiring in June 2021. Somehow Adebiyi formed an impression that the University he was studying was responsible for processing his visa.

    Unfortunately, this was not true. Studies & exams kept a sincere student like him busy. Unfortunately, by the time he realized the situation’s urgency, his visa had already expired, and his immigration status had become “unlawfully in New Zealand”.

    Confused and not knowing what to do, Adebiyi discussed his situation with his friend, urging him to consult Immigration Advisers New Zealand Limited, the best immigration advisers in New Zealand. He was lucky to immediately get an appointment with experienced and knowledgeable Senior License Immigration Adviser Vandana Rai.

    Vandana discussed the case with Adebiyi in great detail and advised him to make a Section 61 request. Vandana initially assessed the case and established that Adebiyi was a genuine student pursuing an advanced course of studies from a world-ranked university and was progressing well in his studies. However, from experience, Vandana knew that his academic credentials alone would not condone the mistake he had committed. The most challenging part was identifying the evidence that could satisfy INZ because the evidence on hand was negligible.

    The challenges faced were:

    • The University refused to issue a fee receipt to show the period covered by the fee paid.
    • Adebiyi’s passport was about to expire (without a valid passport, even if INZ wanted, they could not have granted a visa).
    • The New Zealand bank account statements did not show sufficient funds; thus, offshore bank account statements would have to be submitted.
    • The bank statements of onshore and offshore accounts had numerous unexplained deposits.

    The work included detailed brainstorming regarding what evidence could be provided for each transaction; and ensuring that the evidence is from neutral, verifiable, and credible sources. In addition, Vandana and her team undertook extensive research around the foreign remittance policies of Nigeria. Finally, she ensured that the supporting evidence was such that it proved beyond any doubt that the questioned transactions were genuine. After all, as explained earlier, in section 61 requests, nothing could be left to chance. Nothing!

    After many deliberations, Vandana successfully convinced the University to issue a distinct fee receipt for Adebiyi that mentioned the period covered by the fees paid. Also, she requested the Nigerian embassy to expedite the renewal of Adebiyi’s passport.

    Vandana also included a description of the significant value of Adebiyi’s research to New Zealand’s society in the application. Fortunately, Adebiyi received his new passport within time. Finally, Vandana submitted his section 61 request after a thorough scrutiny of the entire file.

    Outcome

    Due to the detailed representation covering each factor, Immigration New Zealand (INZ) was satisfied that Adebiyi had met all the assessment criteria, and there was nothing more to be clarified. Accordingly, INZ approved his section 61 request, and the client can now continue his research studies without having the stress of his immigration issues.

    (The names of clients have been changed to protect their privacy.)

    Disclaimer:

    This article does not constitute immigration advice. Individuals need to seek personal advice from a licensed immigration adviser or lawyer to assess their unique situation.

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