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Visa approved in spite of adverse immigration history

Name : Rajesh (Applicant) and Kriti (Supporting Partner) [name changed for both for privacy]

Nationality : Indian

Problem : Client had resided in unlawfully in New Zealand and was eventually deported from NZ. His subsequent visa applications made while he was outside New Zealand were all declined.

Category : Partner of NZ Resident

Rajesh first arrived in New Zealand in April 2015 on a Dependent Visitor Visa with his wife Kriti who had a Student Visa. The couple lived together in New Zealand with Kriti pursuing her qualification and Rajesh staying at home. Kriti completed her studies and in September 2016 she was granted a one-year Post Study Work Visa. However, Rajesh’s Partnership Based Work Visa application was declined as Rajesh failed to provide additional information to Immigration New Zealand (INZ) when requested. Rajesh’s subsequent appeal against the decision and his request for visa under Section 61 were both unsuccessful. Unfortunately, in the process of trying to legalize his status, Rajesh became unlawful in New Zealand and in July 2017, he was deported from New Zealand.

With no other option available, Rajesh returned to his home country in August 2017 and appealed to the Ombudsman but the request was rejected. In September 2018 he once again applied for a Partnership Based Work Visa but this was declined. The couple received another big blow when Rajesh who was included in Kirti’s 2021 Resident Visa application was declined a visa once again due to not being able to satisfy the living together criteria.

The reasons for decline were different each time and by now, the couple had lived apart for six years. They could not understand why Rajesh’s application was being declined time and again despite them submitting all the required documents.

Rajesh realized that he needed the expert advice of a skilled immigration adviser to lodge his next application. He came across Immigration Advisers New Zealand Limited and connected with senior Licensed Immigration Adviser Ms. Vandana Rai.

Vandana understood the complexities of his case. It was evident that there was a high likelihood of the application being declined again by INZ if not represented well and skillfully.

On investigation, it was revealed that INZ had declined Rajesh’s applications due to anonymous information received from a third party. Vandana Rai noted that the anonymous information was never declared to Rajesh and hence he was never given the opportunity to comment on this prejudicial information while it was used in determining Rajesh’s application.

Vandana Rai had indepth discussions with Rajesh and Kriti, she identified the category of visa that would be most suited for Rajesh and the specific documents that would be required to build a strong case and prove that the couple were in a genuine and stable relationship. The application was submitted to INZ not only with specific documents showcasing the relationship but also a detailed letter from Vandana Rai advocating for Rajesh.

Rajesh and Kriti were overwhelmed when Rajesh’s visa was approved after six long years of repeated visa applications and separation. They expressed that one of their best decisions was to choose the expertise of Immigration Advisers New Zealand Limited.

Rajesh in now happily living in New Zealand with his wife Kriti and they are in the process of applying for Rajesh’s next visa represented by Immigration Adviser New Zealand Limited.

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

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

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