Feel frustrated because of the declined visa? Need professional assistance with issues concerning reconsideration of your visa application or intend to apply for visa NZ one more time? Zenith Immigration Solutions is at your full disposal. We are highly-qualified immigration consultants who have all the necessary knowledge and experience to cope with complex immigration matters. Whether you want to obtain reconsideration of declined visa NZ, lodge a Tribunal Appeal, respond to Deportation Liability Questionnaire, Appeal to the Tribunal on Humanitarian Grounds, apply for a Section 61 Request and Health and Character Waivers, we are here to serve you. Our expert team will carefully study your particular case and find ways to maximize the chances to get your visa approved.
Got a Declined Visa? We Can Help!
In case you apply for visa NZ and get a rejection, it’s not a reason to fall into despair. It’s time to turn for assistance to qualified immigration advisers who deal with complex immigration matters. Whether your case requires a Section 61 Request, Appeal, or lodging a new application with resolved concerns, we are pleased to offer our help.
Why Your Visa Application Can Be Declined
Unfortunately, not all visa applications are approved by Immigration New Zealand. The fact is that to apply for visa NZ can be a technically challenging task for people with no experience. Average applicants just don’t know all ins and outs of the immigration procedure. As a result, they sometimes fail to provide accurate information so essential for getting approval. Here is a list of the main possible reasons for a declined visa New Zealand:
- You haven’t lodged your application in a prescribed manner;
- You haven’t provided all the necessary information, for instance, you haven’t gathered enough evidence to show that you are in a strong relationship with your partner or your employer hasn’t described the job accurately in the Employment Agreement;
- INZ has found character or health issues that make you not eligible;
- You may have failed to apply for visa NZ that is the most suitable in your particular case.
If your visa application has been declined, you have 14 days to act and apply for the reconsideration. That’s when you need the expert support of professional immigration consultants.
Dealing with Complex Immigration Matters
It’s time to turn for assistance to qualified immigration advisers who deal with complex immigration matters. Whether your case requires a Section 61 Request, Appeal, or appealing to the Tribunal, appealing against the Deportation Liability Notice, lodging a new application with resolved concerns, we are pleased to offer our help.
Complex Immigration Matters
RECONSIDERATION
RESPONDING TO A PPI
SECTION 61 REQUEST
LODGE A NEW VISA APPLICATION
APPEAL A DECLINED RESIDENCE VISA
CHARACTER WAIVER
HEALTH WAIVER
SPECIAL DIRECTION
COMPLAINTS
DEPORTATION
Reconsideration
If you feel that the issues raised by INZ or the reason for declining the visa were not fair or now you have resolved the concerns, you can apply for your visa application reconsideration. You need to ensure that you address the reasons for which visa was declined and/or provide additional documents which you were unable to provide with your earlier applications.
Responding to a PPI
Immigration gives a chance to the applicant (onshore applicants for temporary visas) to provide further information, comments, or provide evidence before making a decision. It is vital that you submit a full response to every concern raised by Immigration; otherwise, your visa will be declined. We help applicants by providing the right guidance about the evidence they can submit to satisfy all the concerns when they apply for visa NZ.
Section 61 Request
If you feel that the issues raised by INZ or the reason of declining the visa were fair and now you have resolved the concerns, you can reapply the visa. You need to ensure that you address the reasons for which visa was declined and/or provide additional documents which you were unable to provide with your earlier applications.
Lodge New Application with Resolved Concerns
If you feel that the issues raised by INZ or the reason for declining the visa were fair and now you have resolved the concerns, you can apply for visa NZ again. You need to ensure that you address the reasons for which visa was declined and/or provide additional documents which you were unable to provide with your earlier applications.
Appeal a Declined Residence Visa
Appeals against the decisions made by Immigration are heard by Immigration and Protection Tribunal (IPT). We handle complaints regarding Residence visa class decisions and deportation appeals. There are specific timeframes to appeal visa, which was declined. You can find the timeframe in the decision letter.
This appeal can be successful if you can prove to Immigration Tribunal that your presence in New Zealand will not be against public interest and there are exceptional humanitarian circumstances that would make it unduly harsh to not to grant you a visa.
Character Waiver
If Immigration New Zealand has identified a character issue, your visa application is likely to be declined unless you get a character waiver or a special direction. In the case of the declined visa, we can help by presenting your side of the story and requesting a character waiver or a special direction.
Health Waiver
If you don’t meet the health requirements when you apply for visa NZ and are assessed by INZ as not having Acceptable Standard of Health (ASH), your case will be referred to Immigration New Zealand’s medical assessor. The medical assessor will determine if your health condition is likely to pose a risk or significant demands on New Zealand’s health services. If you are assessed as not having an acceptable standard of health, your case will be referred to Immigration New Zealand’s medical assessor. This is to determine if your condition is likely to place significant demands or costs on New Zealand’s health services. We can help in requesting a medical waiver by presenting the right information including your contribution to New Zealand, your ties to New Zealand, intended length of your stay, and objectives of the category you are applying.
Special Direction
The Minister of Immigration in the New Zealand Government can issue a special direction on any matter related to immigration. The decision to give a special direction is a matter of absolute discretion, and no person has the right to apply for a special direction.
Complaints
If you think that INZ did not follow the fair process or you have received unsatisfactory service, we can help you to determine if there are any grounds to the complaint and help you to prepare for or lodge a complaint on your behalf concerning your declined visa New Zealand.
Deportation Liability Notice or Matters related to Deportation
Overview of Deportation
Reasons for the Deportation Liability or Deportation notice can be –
• You are in New Zealand “unlawfully” (illegally) – for example, if your visa has now expired but you’ve stayed in the country
• Mistakes (“administrative error”) – if Immigration NZ granted you your visa by mistake (for example, if you were in fact disqualified from getting a visa in the first place because of a criminal record).
• You’re here lawfully on a current Temporary Visa or Residence Class Visa, but you’ve done something wrong, like breaking the law or breaching the conditions of your visa (for example - drink driving, not working on an employer specific visa, working for a different employer not allowed by your visa conditions, working when you’ve only got a visitor’s visa, etc.).
The reasons are detailed below –
o Breaching visa conditions – if you’ve breached any of the conditions of your visa (for example, if you work while you have only a Visitor Visa)
o Withholding information – if Immigration New Zealand find out that you held back relevant information when you applied for your visa
o False identity – if you applied for and got your current visa under a false identity
o Change in your situation – if your situation no longer meets the rules or qualifying requirements under which your visa was granted
o Committing crimes – if you’re convicted of a criminal offence
o “Character” problems or other good reasons – if Immigration NZ has some other “sufficient reason” for deporting you, including something about your character.
As soon as you’re in New Zealand “unlawfully” (illegally) – for example, if your visa has expired – you have a legal obligation to leave the country, and you can be deported after a certain time if you haven’t left voluntarily.
Grounds for Residence Visa holders can be deported –
As the holder of a Resident Visa or a Permanent Resident Visa, you can be deported for the following reasons:
• Committing crimes – if you are convicted, whether in New Zealand or another country, of committing a criminal offence, but only if it’s an offence for which
• You could have been jailed for three months or more, and you committed the offence while you were in New Zealand unlawfully, or while you held a Temporary Visa, or during the first two years of your residence
• You could have been jailed for two years or more, and you committed the offence during the first five years of your residence
• You could have been jailed for five years or more, and you committed the offence during the first ten years of your residence
• You employed illegal workers and you committed the offence during the first ten years of your residence
• You exploited illegal workers or temporary workers and you committed the offence during the first ten years of your residence.
• Breaching visa conditions – if you have breached any of the conditions of your visa (for example, it might have been a condition of a Resident Visa under the Skilled Migrant Category that you accept an offer of skilled employment within three months)
• False identity – if you are holding your visa under a false identity
• New character information – if, within five years after you obtained your first Resident Visa, Immigration NZ gets new information about your “character” that existed at the time they granted you the visa and that would have disqualified you from getting the visa had they known about it.
• Fraud, forgery, misinformation – if Immigration New Zealand find out you gave them false, fraudulent, forged or misleading information, or that you held back relevant information, when you applied for your visa.
• Security risk – if you’re a current threat to New Zealand’s defence or security, including security against terrorism, spying and organised crime (but this requires a certificate from the Minister of Immigration and an Order in Council from the government).
• Mistakes (or administrative error) – if Immigration NZ granted your visa by mistake (for example, if you shouldn’t have been given a visa in the first place because your criminal record legally disqualified you).
Challenging the Deportation
You can challenge a decision by Immigration New Zealand to deport you from New Zealand by:
- Giving Immigration NZ a good reason for staying – You have two weeks (14 days) after getting a deportation liability notice to give Immigration New Zealand a good reason why you shouldn’t be deported
- Appealing to the Immigration and Protection Tribunal – You have four weeks (28 days) after getting the deportation liability notice to appeal your deportation to the Immigration and Protection Tribunal on humanitarian grounds.
You can also apply for a Special Directon request to the Minister of Immigration.
Appealing against deportation to the Immigration and Protection Tribunal
How much time do I have to appeal my deportation to the Immigration and Protection Tribunal?
This will depend on why you are being deported. We have explained the different time limits for appealing in the sections above that set out the grounds on which Immigration New Zealand can deport you.
Will the Tribunal hold a hearing where I can talk to them in person?
The Immigration and Protection Tribunal usually will not hold a hearing where you and Immigration New Zealand can go and speak to them face to face. The submissions are made and assessed based on the written evidence and arguments
What are the humanitarian grounds to appeal
To get the Immigration and Protection Tribunal to let you stay on humanitarian grounds, you’ll need to satisfy them that all of the following three things are true:
• there are exceptional humanitarian circumstances in your case, and
• those circumstances would make it “unjust or unduly harsh” for you to be deported, and
• letting you stay wouldn’t be against the public interest.
How can we help?
This is a serious matter and therefore it is imperative that a person who is served with a Deportation Liability Notice (DLN) seeks legal advice as soon as possible.
At Zenith Immigration Solutions, we can help with providing you the expert advice and assistance in responding to INZ, appealing against Deportation Liability Notice with the Tribunal or answering DLN questionnaire.
You must obtain legal advice at a very early stage. This includes those who hold a temporary or resident visa and have been merely charged with an offence.
Your situation can be one of the below –
- You have received a correspondence from the Compliance or Resolution branch of INZ.
- You have received a DLN questionnaire.
- You have been contacted by Compliance and Risk branch of INZ and have been asked to leave New Zealand voluntarily.
- You have been served with Deportation Liability Notice (DLN).
If you find yourself in any of the above situation, please contact us immediately to get the professional assistance.
Need Professional Assistance to Apply for Visa NZ?
We can help by
Assessing all the aspects of the case and establishing what category/categories are suitable for you.
Providing you guidance and information about the factors which might affect the chances of success positively and negatively.
If you wish to proceed with an option, providing you support and guidance on all aspects of your request/application/complaint.
Representing you while communicating with the authorities.
Please note that we do not handle requests or applications for Refugee cases and Judicial Review.
Fill out our online assessment form, and we will contact you for a consultation within 24 hours.
Do you need advice about a correspondance received from Immigration New Zealand?
PPI Letter, Health or Character Concerns, Deportation Liability Notice, Deportation Questionnaire, Visa Decline or Breach of Visa Conditions.
Kindly feel free to contact us using the below form.