Immigration problems often arise. Our team have a lot of experience with finding permanent solutions to complex immigration problems. Some of the cases we deal with on a regular basis are:
- Dealing with Potentially Prejudicial Information letters;
- Resolving character or medical issues in visa applications;
- Solving eligibility problems in immigration applications;
- Making section 61 requests when a person is unlawful in New Zealand;
- Residence appeals to the Immigration and Protection Tribunal;
- Deportation appeals to the Immigration and Protection Tribunal;
- Immigration fraud matters;
- Complaints under the Client Complaint Resolution Process;
- Cancellation of visas;
- Decline of visa applications;
- Ministerial appeals or special direction requests; and
- Ombudsmen complaints.
If you are facing an immigration problem then please contact us today. With Idesi Legal you are in safe hands.
Section 61 requests
Section 61 requests are made to a specialist Immigration New Zealand team when a person becomes unlawful or is an over stayer. The purpose of section 61 requests is to make someone who is unlawful in New Zealand lawful again.
The Immigration and Protection Tribunal
The Immigration and Protection Tribunal (IPT) can consider all aspects of an individual’s appeal together, where those grounds arise at the same time. The IPT is administered by the Ministry of Justice.
Ministerial/Special Directions
The Minister of Immigration has absolute discretion. The Minister’s directive can be given in any immigration matter. Immigration matters which require Ministerial intervention are those that are outside the mainstream, are exceptional and of a humanitarian nature.
Complaints
If you are an Immigration New Zealand (INZ) client with a complaint about a matter handled by Immigration New Zealand, you will need to follow its Client Complaint Resolution Process. A complaint might relate to:
- an issue about the service you received
- the time taken to process your application
- a process failure – INZ did not follow their own instructions or procedures
- other matters related to your dealings with INZ but not if you are just unhappy with a decision you received.
Deportation
Deportation is the process for requiring a foreign national who has no right to remain in New Zealand to leave. New Zealand citizens cannot be deported from New Zealand. In summary, deportation liability is triggered by:
- 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 determining there is sufficient reason to make a temporary entrant liable for deportation, including:
- Breach of visa conditions
- Criminal offending
- Matters relating to character
- Concealment of relevant information in relation to the person’s visa application
- Where the person’s circumstances no longer meet the rules or criteria under which the visa was granted.
- Obtaining a residence class visa through fraud, forgery etc.
- Breaching conditions of a resident visa
- New information prejudicial to character becoming available that, if known at the time a residence class visa was granted, would have meant the visa would have been refused
- A residence class visa holder being convicted of certain criminal offences
- Cancellation of refugee and/or protection status where the person is not a New Zealand citizen
- Being a risk or threat to security.
Residence class visa holders remain liable for deportation for 10 years following liability for deportation arising.
Migrant Exploitation
Migrant workers have the same employment rights as all other workers in New Zealand. However, some employers do not treat their migrant workers according to New Zealand employment law. In some cases, this may be “exploitation”.
We know that you may be afraid to report exploitation at work. You may be working when your visa does not allow this. Or you may be in New Zealand unlawfully (your visa may be expired). You may be afraid that if you report exploitation at work, you will have to leave New Zealand.
Some employers will know this and they will pay you less and make you work in conditions that are below the rights for New Zealand workers. This is wrong. If you report exploitation at work, you may be able to stay in New Zealand while we investigate and prosecute your employer, or to complete the purpose of your visit.
For further information about where to go for immigration queries, click here
Providing Immigration Advice
Please note it is illegal for anyone to provide immigration advice, unless they hold a license or are exempt from the requirement to be licensed.
Most information about this can be found through the Immigration Advisers Authority. You can contact them on 0508 422 422 or check out their website at www.iaa.govt.nz.
The Immigration Advisers Authority can help you:
- Find out if your adviser is licensed
- Find out who is exempt from the requirement to be licensed
- Find out how your adviser must treat you
- Complain about the actions of your adviser
- Find out if your adviser is overcharging you.
Lawyers are permitted to give immigration advice without a licence providing they hold a current practising certificate from the New Zealand Law Society.
The New Zealand Law Society can help you find a lawyer in your area, or help you lodge a complaint about your lawyer. You can contact them on 04 472 7837 or by email at inquiries@lawsociety.org. Check out their website at www.lawsociety.org.nz for more information.
