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Immigration New Zealand’s Consideration of Section 61 Request

Name : Adebiyi

Nationality : Nigerian

Problem : Students Unintended Unlawful Stay

Category : Section 61 Request

Adebiyi came to New Zealand from Nigeria in 2019 on a Student Visa with the dream of doing research work in science and making his parents proud. Adebiyi was happy with the way things were progressing and soon reached a stage where he needed to renew his visa, expiring in June 2021. Somehow Adebiyi formed an impression that the University he was studying was responsible for processing his visa.

Unfortunately, this was not true. Studies & exams kept a sincere student like him busy. Unfortunately, by the time he realized the situation’s urgency, his visa had already expired, and his immigration status had become “unlawfully in New Zealand”.

Confused and not knowing what to do, Adebiyi discussed his situation with his friend, urging him to consult Immigration Advisers New Zealand Limited, the best immigration advisers in New Zealand. He was lucky to immediately get an appointment with experienced and knowledgeable Senior License Immigration Adviser Vandana Rai.

Vandana discussed the case with Adebiyi in great detail and advised him to make a Section 61 request. Vandana initially assessed the case and established that Adebiyi was a genuine student pursuing an advanced course of studies from a world-ranked university and was progressing well in his studies. However, from experience, Vandana knew that his academic credentials alone would not condone the mistake he had committed. The most challenging part was identifying the evidence that could satisfy INZ because the evidence on hand was negligible.

The challenges faced were:

  • The University refused to issue a fee receipt to show the period covered by the fee paid.
  • Adebiyi’s passport was about to expire (without a valid passport, even if INZ wanted, they could not have granted a visa).
  • The New Zealand bank account statements did not show sufficient funds; thus, offshore bank account statements would have to be submitted.
  • The bank statements of onshore and offshore accounts had numerous unexplained deposits.

The work included detailed brainstorming regarding what evidence could be provided for each transaction; and ensuring that the evidence is from neutral, verifiable, and credible sources. In addition, Vandana and her team undertook extensive research around the foreign remittance policies of Nigeria. Finally, she ensured that the supporting evidence was such that it proved beyond any doubt that the questioned transactions were genuine. After all, as explained earlier, in section 61 requests, nothing could be left to chance. Nothing!

After many deliberations, Vandana successfully convinced the University to issue a distinct fee receipt for Adebiyi that mentioned the period covered by the fees paid. Also, she requested the Nigerian embassy to expedite the renewal of Adebiyi’s passport.

Vandana also included a description of the significant value of Adebiyi’s research to New Zealand’s society in the application. Fortunately, Adebiyi received his new passport within time. Finally, Vandana submitted his section 61 request after a thorough scrutiny of the entire file.

Outcome

Due to the detailed representation covering each factor, Immigration New Zealand (INZ) was satisfied that Adebiyi had met all the assessment criteria, and there was nothing more to be clarified. Accordingly, INZ approved his section 61 request, and the client can now continue his research studies without having the stress of his immigration issues.

(The names of clients have 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.