surena

Hi!

Just wanna clarify something. Is it true that when you got denied for your working visa application in New Zealand and was asked leave then you will not be allowed to step in New Zealand again in the future??? If so, why?

surena

theguitardoctor

Yes, I think this is the case with most countries....it's just how they do things.

Rich

Gra.B

Surena, not really true...this would only apply if you were actually deported, not just having to leave 'cos your permit ran out, or being refused a work permit, which is quite different.. You can apply as many times as you wish.
It would depend on what grounds you were asked to leave, for example if you were found to be working whilst on a visitors visa..
I know of someone this happened to (someone grassed!) & she was sent back to UK. A few months later she tried to get back in as a visitor but was denied entry & sent back on the next plane. Un-deterred she applied for a work visa, sent some grovelling letters and had it granted!
So even in a case like this it's not the end of the road..but if you only left due to an unsuccessful application then there's nothing to worry about..

BritboyNZ

I would be careful there, Gra!

If NZIS have declined an application and have requested you to leave the country (eg your permit has already expired) you have a period of 42 days to lodge an appeal with the Removal Review Authority. If you don't leave voluntarily within the 42 day period, or lodge an appeal with the RRA then NZIS can issue a Removal Order. If you are removed from NZ, you will be barred from returning to NZ for a period of 5 years.

Surena, I suggest you read the letter NZIS have sent you carefully, once someone has been removed from NZ it will be extremely difficult to get back in at a later date (even after 5yrs) as you are asked to declare if you have ever been deported from NZ or any other country on visa/permit application forms. This would obviously affect any future application.

A good migration agent will be able to advise you of your best course of action.

Russ

Gra.B

I see what you're saying but it wasn't clear that Surena was removed as such...

eg. - say she just didn't get the work permit and was told she'd have to leave as hers would run out....then no worries!

Gra.B

hmm....time I went to sleep but I still stand by that...if denied a permit & asked to leave then it doesn't affect you going back....unless there's more to the story..

surena

It is not me who got denied! Infact, I haven't apply for anything else. Still waiting for the new policy! It was my friend got denied because of his health problem. He had lodge an appeal but unfortunately got denied too! Now, the immigration is asking him to leave by Nov. 20 but he insist of staying there! Is there any way to help him?? I know that he likes living in New Zealand very much!

Please help!!!!
Thanks!

surena

BritboyNZ

Hi Surena

If he has lodged an appeal with the RRA which was declined, then there is a right of appeal to the High Court on a question of law. He must lodge this appeal within 28 days of the RRA's decision.

There is a grace period of 7 days between the RRA notifying him of their decision, and NZIS issuing a removal order. If he is removed he will be barred from returning to NZ for 5 years, and this would obviously affect any future application he makes as I said earlier. The best advice I can give him would be to leave NZ Before NZIS issue a removal order.

I am not a migration agent nor a lawyer so I strongly recommend he speak to either a good agent or lawyer urgently.

The RRA website has more information:

www.removalreviewauthority.govt.nz/

rgds

Russ

Gra.B

Sorry for the confusion Surena, I know you're a good girl really...

The appeal you mention, it sounds like this was against the visa decision, not having to leave..? If so then it hasn't gone too far yet.. He does need to leave by the date given, but as things stand now it won't affect him getting back in...The health matter is something else though..
If he stays he'll be removed, which can involve arrest etc so not very pleasant, & be would be looking at the 5 yr thing Russ is talking about..

Gra..

surena

Gra,
Thanks for the compliment! =) I'll just tell him about this one. I think he is looking for sponsor to extend his stay right now but I'm not quite sure about it.
Yup, the appeal is against the visa decision but do you think sponsorship will help????
I wonder!

surena

surena

Russ,
Thanks so much for the information. Hope this will help since I know that my friend is very depressed right now!

surena