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-   -   Need some legal advice for silver Fern Job Search visa (https://britishexpats.com/forum/immigration-citizenship-visas-nz-108/need-some-legal-advice-silver-fern-job-search-visa-807580/)

salmanearn Aug 29th 2013 11:50 am

Need some legal advice for silver Fern Job Search visa
 
Hello Every one ,

I will be very thank full if some one can give advice for a visa issue .

I was selected for a silver fern job search visa. immigration Newzealand send me email to send the following documents .


You have successfully submitted an online application for a Silver Fern Job Search visa. To complete the application process you must send evidence to Immigration New Zealand to show that you meet the requirements to be granted a visa by Monday, 29 July 2013. You must supply the following documents:
  • your passport
  • a Medical and X Ray Certificate (INZ 1007).
  • police certificate
(__) evidence of the equivalent of NZ$4200 for maintenance (e.g. bank statement in your name showing current balance)
  • evidence you meet the English Language requirements:

  • evidence you meet the qualification requirements:

I have submited all the document they asked ,However my case officer refused my case giving reason that my
At the time of submission of the physical application to Immigration New Zealand (INZ) there was very little information that supported your financial position in terms of having sufficient personal funds for support. The requirements on the website are quite explicit in that you must be able to show that the funds are actually yours.



evidence of the equivalent of NZ$4200 for maintenance (e.g. bank statement in your name showing current balance)

This is what they only have asked i have send the my bank statement but they are not excepting it. I have asked if they want additional document i can send them to support my statement but the case officer is refusing.
I do not want say that I have a felling that the case officer is deliberately has made excuse to reject my application .

Is there any thing i can do . I have always believe is fairness but i have been robed of a opportunity for which i have spend lot of time and money.

Kindly advice me

Many Thanks

salmanearn Aug 29th 2013 11:54 am

Re: Need some legal advice for silver Fern Job Search visa
 
Newzeland has Fairness and Natural Justice does any one know how to use it

MrsFychan Aug 29th 2013 8:06 pm

Re: Need some legal advice for silver Fern Job Search visa
 
you can ask to be passed to a manager and require a fuller explanation of the reason for rejection. At the time of submitting your request did you have over $4200 in your bank account?

have you done the monetary exchange indicator to make sure that what you have in your currency amounts to the NZ currency requirement?

MrsFychan Aug 30th 2013 1:53 am

Re: Need some legal advice for silver Fern Job Search visa
 
just to point out, re your title.

no one on here can give you legal advise. we are all here trying to obtain advise and give our experiences and advise on how things went for us and how we managed or not to work things out.

If you wish legal advise then please seek out qualified migration advisor's but make sure they come with recommendations as from posts on here some have fallen foul of unscrupulous ones

salmanearn Aug 30th 2013 6:13 am

Re: Need some legal advice for silver Fern Job Search visa
 

Originally Posted by MrsFychan (Post 10876749)
you can ask to be passed to a manager and require a fuller explanation of the reason for rejection. At the time of submitting your request did you have over $4200 in your bank account?

have you done the monetary exchange indicator to make sure that what you have in your currency amounts to the NZ currency requirement?

Yes most defiantly the amount is near to $5000 ,i am pretty stunt what to do .I do not have a right to appeal .

salmanearn Aug 30th 2013 6:21 am

Re: Need some legal advice for silver Fern Job Search visa
 

Originally Posted by MrsFychan (Post 10877136)
just to point out, re your title.

no one on here can give you legal advise. we are all here trying to obtain advise and give our experiences and advise on how things went for us and how we managed or not to work things out.

If you wish legal advise then please seek out qualified migration advisor's but make sure they come with recommendations as from posts on here some have fallen foul of unscrupulous ones

The case officer never ask me for any explanation i have just simply asked him if he is not satisfied i can send more prof .But he is simply rejecting it saying the instruction on the web site is quit clear .But on the website it simply say

(__) evidence of the equivalent of NZ$4200 for maintenance (e.g. bank statement in your name showing current balance)

What do you think i should simply leave it on faith or fight for my right !!!

MrsFychan Aug 30th 2013 7:18 am

Re: Need some legal advice for silver Fern Job Search visa
 
If you feel the CO is incorrect in his assumptions that you do not have the required amount then I would ask to have your case looked at by someone else as you are not happy that the reason they are giving for turning you down does not match the requirements on the web site

salmanearn Aug 30th 2013 7:49 am

Re: Need some legal advice for silver Fern Job Search visa
 

Originally Posted by MrsFychan (Post 10877354)
If you feel the CO is incorrect in his assumptions that you do not have the required amount then I would ask to have your case looked at by someone else as you are not happy that the reason they are giving for turning you down does not match the requirements on the web site

Thanks a lot ,I will write a application.Hope fully they will listen to me.

escapedtonz Aug 30th 2013 9:23 am

Re: Need some legal advice for silver Fern Job Search visa
 

Originally Posted by salmanearn (Post 10877399)
Thanks a lot ,I will write a application.Hope fully they will listen to me.

Seems to me there is a complete difference between your understanding of available funds and those which the Immigration case officer calculated you had :frown:

Considering the actual proof you provided to show you had funds........
How much did you show (state the actual figure) and in what currency was your bank account statement in ?
Was it definitely a statement in your name, not a joint account or another family member ?

Regards,

salmanearn Aug 30th 2013 9:54 am

Re: Need some legal advice for silver Fern Job Search visa
 

Originally Posted by escapedtonz (Post 10877490)
Seems to me there is a complete difference between your understanding of available funds and those which the Immigration case officer calculated you had :frown:

Considering the actual proof you provided to show you had funds........
How much did you show (state the actual figure) and in what currency was your bank account statement in ?
Was it definitely a statement in your name, not a joint account or another family member ?

Regards,

This is what he had said exactly does say

At the time of submission of the physical application to Immigration New Zealand (INZ) there was very little information that supported your financial position in terms of having sufficient personal funds for support. The requirements on the website are quite explicit in that you must be able to show that the funds are actually yours. We note that you have a number of quite large deposits shortly before the end of your statement is far in excess of any salary or other deposits that you have shown. Because we have this concern, it is considered that you have failed to meet all the mandatory requirements of the Silver Fern Category, specifically, acceptable personal funds for support "

salmanearn Aug 30th 2013 9:56 am

Re: Need some legal advice for silver Fern Job Search visa
 
On the other side the website only say that


(__) evidence of the equivalent of NZ$4200 for maintenance (e.g. bank statement in your name showing current balance)


Yes the statement is only in my name .

salmanearn Aug 30th 2013 10:00 am

Re: Need some legal advice for silver Fern Job Search visa
 
I have asked case officer that i can provide prof of my statement and other doc but he is not giving me the opportunity .
I strongly believe that case officer was deliberately has made excuse to reject my application.For reason i dont know !!!!

MrsFychan Aug 30th 2013 10:13 am

Re: Need some legal advice for silver Fern Job Search visa
 
I feel that he feels that because the money was not in there as ongoing payments but rather as large deposits that the money has not come from a reliable ongoing source such as employment. so therefore he cannot guarantee that the money has not just been lent to you just to get through the visa stage.

Well thats my honest opinion

escapedtonz Aug 30th 2013 10:18 am

Re: Need some legal advice for silver Fern Job Search visa
 

Originally Posted by salmanearn (Post 10877541)
I have asked case officer that i can provide prof of my statement and other doc but he is not giving me the opportunity .
I strongly believe that case officer was deliberately has made excuse to reject my application.For reason i dont know !!!!

I think you're missing the point.

I read your case officers response as yes you have the funds in your account to show you meet the requirement to support yourself, BUT you have clearly made questionable deposits (shown on that statement) of high amounts to increase your account balance to meet the requirement.
This is the issue Immigration seem to have and that is what you should be trying to explain.
I'm sure they've seen in thousands of times...
Now I'm not saying you have done this at all,but consider this.......
You are an applicant for SFV but don't have enough money in your account.
Luckily you get through, make the payment with the credit card and then prior to the point where you have to show you have the funds to support yourself, you can't as you don't have the money!!!
What do you do......maybe borrow some money from a family member or friend for a week, two weeks or so just so it's in your account to show you have the funds ???
I expect Immigration do not feel the funds are genuinely yours because of these questionable deposits.

salmanearn Aug 30th 2013 10:53 am

Re: Need some legal advice for silver Fern Job Search visa
 

Originally Posted by escapedtonz (Post 10877570)
I think you're missing the point.

I read your case officers response as yes you have the funds in your account to show you meet the requirement to support yourself, BUT you have clearly made questionable deposits (shown on that statement) of high amounts to increase your account balance to meet the requirement.
This is the issue Immigration seem to have and that is what you should be trying to explain.
I'm sure they've seen in thousands of times...
Now I'm not saying you have done this at all,but consider this.......
You are an applicant for SFV but don't have enough money in your account.
Luckily you get through, make the payment with the credit card and then prior to the point where you have to show you have the funds to support yourself, you can't as you don't have the money!!!
What do you do......maybe borrow some money from a family member or friend for a week, two weeks or so just so it's in your account to show you have the funds ???
I expect Immigration do not feel the funds are genuinely yours because of these questionable deposits.

Yes i absolutely agree for this case officer should ask me for more documents to support my claims .If i was unable to provide these documents then the decision is very fair . Coz the web site only said evidence of the equivalent of NZ$4200 for maintenance (e.g. bank statement in your name showing current balance). He have taken the decision prejudging the money is not mine.

Many thanks for reply


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