Complex Cases
While the visa application and maintenance process is generally straightforward, some more complex situations can arise. Let’s explore a few of these scenarios and the options available.
Visa Overstay
One of the most serious complications is staying in New Zealand without a valid visa. This is known as overstaying and is considered a breach of immigration law. If your visa expires or is terminated, and you remain in the country without legal status, you have two main options:
Depart New Zealand: The simplest solution is to arrange to depart New Zealand before your visa expires. This avoids any further immigration complications. You may be able to apply for a new visa from outside the country if you wish to return.
Make a Section 61 Request: If you have compelling circumstances that prevented you from leaving before your visa expires, you may be able to request a cancellation of your previous visa and grant a new visa under Section 61 of the Immigration Act. This request is made directly to Immigration New Zealand and requires a strong justification.
Overstaying your visa, even inadvertently, can have severe consequences, including being served a deportation liability notice, being banned from re-entering New Zealand for a period of time, or facing criminal prosecution. Seeking professional immigration advice is highly recommended if you find yourself in this complex situation. At our immigration advisory firm, we take your privacy and confidentiality very seriously. All information you provide will be handled with the utmost discretion, and we will work diligently to protect your personal data throughout the process.
If you’ve overstayed your visa and are seeking to apply for a new visa under Section 61, we can provide comprehensive support to present the strongest possible case to Immigration New Zealand to maximise your chances of a successful Section 61 application by:
- Carefully reviewing your unique circumstances to assess the viability of a Section 61 request
- Gathering and preparing all the necessary documentation to build a compelling case
- Draft a detailed submission letter outlining the compelling reasons for your request
- Liaising directly with Immigration New Zealand on your behalf throughout the process
- Advising you on the potential outcomes and next steps, whether your request is approved or declined
Other Complex Cases
Other scenarios can complicate an individual’s visa status in New Zealand:
- Changes to your employment or job offer: If your job or employer changes after being granted a work visa, you may need to apply for a visa variation or a new one.
- Family circumstances: Events like divorce, separation, or the birth of a child can impact your visa status and require you to apply for a visa change.
- Medical conditions or emergencies: Serious health issues or unexpected medical events may necessitate a temporary visa suspension or extension.
- Criminal charges or convictions: Any involvement with the justice system can jeopardise your visa and require extensive negotiations with Immigration New Zealand.
- Responding to Potential Prejudicial Information (PPI) letters: If Immigration New Zealand has concerns about information that could negatively impact your visa application, they may issue a PPI letter. Carefully responding to these letters is crucial to addressing any issues and preserving your visa application.
In these complex situations, it’s crucial to communicate with Immigration New Zealand and seek professional guidance proactively. Depending on the specifics of your case, options may be available, such as applying for a visa variation, temporary visa suspension, or a humanitarian-based visa.
In each case, we’ll work closely with you to understand your situation better, identify the best visa pathway, and help you through the application process. Our immigration adviser deeply understands New Zealand’s immigration laws and policies. We can help you understand your options, prepare the necessary documentation, and make the most robust case to Immigration New Zealand. We’re committed to providing personalised support and achieving the best possible outcomes for our clients. If you’re facing a complex visa scenario, please don’t hesitate to contact me. We’re here to help you navigate the challenges and secure the visa you need.
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We can provide tailored advice to help you navigate complex visa scenarios and achieve the best possible outcome for your immigration situation. If you’re facing a complex visa issue, please get in touch with us. We’re here to help you achieve the best possible outcome for your immigration situation.
