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Unfortunately, not all visa applications are approved by Immigration New Zealand (INZ). This is usually because knowing all the ins and outs of the visa application process can be very tricky. As a result, they sometimes fail to provide accurate information essential for 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, your employer hasn’t described the job accurately in the Employment Agreement.
INZ has found character or health issues that make you non-eligible.
You may have failed to apply for a visa that is the most suitable in your particular case.
If you feel that the issues raised by Immigration New Zealand (INZ) or the reason for declining the visa were not fair, or now you have resolved the concerns regarding the declined visa, 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.
INZ 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 INZ; 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.
A Section 61 Request is when the Minister of Immigration (delegated to the Associate Minister of Immigration or to senior immigration officers) has the absolute authority to issue a visa of any type to a person who is unlawfully in New Zealand or liable for deportation. As we specialise in Complex Matters, we can absolutely aid you if this is your wish to pursue.
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 a 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. We can help make sure you have the correct information/documents needed to make your application a success.
Appeals against the decisions made by INZ are heard by the Immigration and Protection Tribunal (IPT). They handle complaints regarding Residence Visa class decisions and deportation appeals. There are specific timeframes to appeal a declined visa. 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.
If INZ 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.
If you don’t meet the health requirements when you apply for visa and are assessed by INZ as not having Acceptable Standard of Health (ASH), your case will be referred to INZ’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. 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 of which you are applying.
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.
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 concerning your declined visa.
Please note if you find yourself contending with any of the below then it is a serious issue that will most likely require professional advice and help. Please reach out to us as soon as possible for any clarification or aid you may need. Zenith Immigration Solutions is always ready to serve, especially during the most complex and difficult matters of immigrating to New Zealand.
When 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.
Committing crimes
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.
Committing crimes
You have been jailed for two years or more, and you committed the offence during the first five years of your residence
Illegal employment
You employed illegal workers and you committed the offence during the first ten years of your residence
Exploited/illegal employment
You exploited illegal workers or temporary workers and you committed the offence during the first ten years of your residence.
Breached 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 (admin 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 deportation
You can challenge a decision by INZ to deport you from New Zealand by
Give INZ a good reason for staying
You have two weeks (14 days) after getting a deportation liability notice to give INZ a good reason why you shouldn’t be deported.
Appealing to the Immigration and Protection Tribunal (IPT)
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.
Special Direction
You can also apply for a Special Direction request to the Minister of Immigration.
How much time do I have to appeal my deportation to the Immigration and Protection Tribunal?
Will the Tribunal hold a hearing where I can talk to them in person?
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 Immigration and Protection Tribunal or answering Deportation Liability Notice (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).