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NZ Border Exception Granted Despite Client’s Adverse Immigration History

Name : Venkatesh

Nationality : India

Problem : Border exception granted despite adverse immigration history

Category : Critical Purpose Visitor Visa

Venkatesh’s wife, Promila, an overseas registered nurse who had always dreamed of working and settling abroad, decided to come to New Zealand to complete her Competence Assessment Program(CAP) to become a registered nurse. However, she knew that travelling to New Zealand would not be easy, especially during the current COVID 19 situation. So she searched for a reliable, experienced and knowledgeable person who could help her and her family with the admission and visa process. One of her friends recommended Vandana Rai, senior Licence Immigration Advisor at Immigration Advisers New Zealand Ltd. (IANZ). Vandana has immense experience with the CAP category of visas and has assisted her friend too with their respective visa applications.

She contacted IANZ to enquire about the process of travelling to New Zealand with her beloved husband Venkatesh.

During the initial assessment process and interaction, it emerged that Venkatesh had been deported from two European countries due to an issue with his travel documents when he used to work as a Seaman. A zoom call was arranged between Venkatesh and Vandana for a detailed discussion to understand the circumstances that resulted in his removal. Another experienced licensed adviser, Manmeet Singh Grover, worked with Vandana on this case. Further information and documentation were requested based on which it seemed that circumstances that lead to Venkatesh’s removal were largely beyond his control. Being removed from a country is a potential character concern that comes under the purview of section 15 of the Immigration Act 2009, which only permits a grant of visa through a special direction by Immigration New Zealand (INZ).

The challenge now was to convince INZ of the same. It was challenging because the INZ website only provides limited space to explain the circumstances when applying for a border exception. There is no provision to upload any documents. This is where Vandana’s immense experience benefited the client. Vandana and her team identified the challenges and pitfalls in advance and put in a lot of effort and time to explain the applicant’s circumstances accurately to INZ.

INZ issued an Invitation to Apply (ITA) to Venkatesh and his wife to apply for a Critical Purpose Visitor Visa, specifying that supporting documentary evidence must be provided with the visa application. The documentary evidence was submitted along with a detailed explanation based on which INZ was satisfied that the circumstances of his removal were beyond his control and that he met the character requirements for entry to New Zealand. INZ raised no further concerns and the visa was approved.

The couple is happy to be together in New Zealand and Promila is doing well in her course. We wish them the very best for their future.

(The names of clients have been changed to protect their privacy.)


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.

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