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Complications At Visa Renewal Stage Despite Successful Reconsideration Request

Name : Sridharan

Nationality : India

Problem : Complications At Visa Renewal Stage Despite Successful Reconsideration Request

Category : Student Visa

Sridharan had come to study in New Zealand for a postgraduate qualification, but he could not pass all the papers and complete them in time due to certain unavoidable circumstances. He had to apply for an extension of his Student Visa, which was first declined by Immigration New Zealand (INZ) and then reconsidered and approved. However, a warning accompanied the approval of the reconsideration request to maintain high attendance and show satisfactory academic progress. The complications arose when Sridharan once again found himself failing in papers and having low attendance. These events set the stage for an immigration complexity threatening to derail his immigration journey.

Initial Challenges Faced

All foreign nationals to “Study in New Zealand” require a Student Visa. So did Sridharan, who belongs to the southern part of India. He hails from an educated family of engineers and teachers. He had been a brilliant student throughout his academic journey in India.

Based on his previous qualification in India, he chose a postgraduate course to do in New Zealand. He applied for a Postgraduate Diploma in Information Technology- Level 8 from a Category 1 education provider and commenced his studies once he entered the country. He had reckoned that he would adapt to the new learning environment and achieve his educational goal, given his academic ability. However, it was not to be. He was overwhelmed with the unique learning and social environment. This change resulted in him not being able to keep pace with the demands of the course despite his best efforts.

First Brush With Team IANZ

INZ had previously declined Sridharan’s student visa extension in March 2020 due to low attendance and unsatisfactory academic progress. He had some anxiety issues, could not adapt to the new learning environment, and worried about his parent’s wellbeing in India.

Having received a refusal letter from the INZ visa office, he had connected with the IANZ team based on his online research about the best immigration adviser in New Zealand. Upon receiving his mail, IANZ team understood the urgency of the matter and responded post-haste.

Senior License Immigration Adviser Ms Vandana Rai gave him undivided personal attention to understand his complex immigration situation. She and her team scrutinised the case, assessed, and identified additional evidence that could mitigate INZ concerns. Team IANZ submitted a reconsideration request to INZ within seven days of the decline letter being received.

For those who don’t know, a reconsideration request is a complicated representation to make in INZ. It is critical to address each reason for the decline and provide the necessary explanation/documents to mitigate the concerns raised by INZ.

In Sridharan case, not only his attendance was low, his academic progression was also a concern. Vandana advocated his compelling reasons with various accurate and credible pieces of evidence.

Owing to the strong advocacy, the reconsideration request got approved as an exception to immigration instructions from INZ. However, the approval also had a caveat attached. INZ had warned Sridharan that ‘failure to attend the course at all times, make satisfactory progress in class, or breach any other visa condition may result in future visas being declined or could make him liable for deportation (as per D2.15.15).

Present circumstances 

Unfortunately for Sridharan, his low attendance and poor academic record continued regardless of his efforts. The main reasons being the pandemic due to which the situation in his home country deteriorated. As a result, he became too concerned over his family’s wellbeing. His past anxiety issues also made things worse.

He once again had no option but to apply for an extension of his student visa. He found himself facing the same challenge – his attendance was below 85%, and he was short of clearing three subjects.As there was a warning accompanying his previous visa approval, there seemed almost no possibility of a favourable outcome this time. It appeared that he was destined to leave New Zealand and go back home.

Notwithstanding, we at IANZ took up the challenge and stepped in for our client in his difficult time. Team IANZ believes that whatever the challenges, we must remain dedicated to serving our clients. We prepared the application by stretching our cognitive abilities. We provided each day’s attendance and reasons for each absence with supporting evidence. Vandana and her team highlighted his endeavours for each failed subject and his efforts to clear it.

We submitted his application wherein the evidence around his attendance and progress itself consisted of 76 annexures. In addition, the submission contained a detailed explanation of over 2,000 words.

In the end, team IANZ’s advocacy was accepted by INZ, and the student visa application approved without even a concern or PPI letter. It was a significant achievement (for him/us) considering his adverse immigration history.

While team IANZ was happy with the decision, INZ’s unbiased decision-making process deserves praise too.

The Moral of the story – Whatever be the challenges, a trustful, honest, caring, respectful and professional Licensed Immigration Adviser will give the best to help migrants build a better future in New Zealand. However, it is for you to take the first step to engage a trustworthy License Immigration Adviser who empathises with you, understands your problems and can turn your adversity into an opportunity.

(Name of the client has been changed to protect their privacy)

Disclaimer:This article does not constitute immigration advice. Individuals need to seek personal advice from a licensed immigration adviser or lawyer to assess their unique situation.