Even in difficult cases we can give you the expert advice to help you move forward.
Resolving Immigration Problems
Having a competent immigration lawyer in New Zealand is essential as things can go wrong very easily. At IDESI LEGAL we are skilled immigration, refuge lawyers and are here to help you navigate your way through these complex areas of law. We can improve the chances of success.
We are known to help legalise many people who have been in New Zealand as overstayers. One such individual was recently legalised. For the most part of 30 years, she did not have a visa to legally stay in New Zealand. An outright residence visa was granted to her by the Immigration Protection Tribunal after an initial Ministerial level direction for a one-day temporary visa to enable her to access the Appeal rights was issued. This person was overjoyed when she received the news of the grant of a residence visa. The only words she could utter on receiving this joyous news, was “thank you Lord, thank you Jesus and thank you Lawyer!”
A person can be subject to a deportation liability notice even after a residence visa has been granted. This happens! In fact whole families can be subject to this. The applicant(s) could have lied, omitted or concealed information during the New Zealand visa process, and can be subject to a deportation liability notice. Again, we rescued a family of 8: 7 deportation liability notices were cancelled by the Minister with one deportation liability notice suspended for three years. Nobody had to leave New Zealand. It can happen!
As Immigration, Refuge and Property Lawyers, we provide honest and risk-assessed advice. We cut to the chase and do not raise unnecessary hopes. IDESI LEGAL states the situation as it is and gives a realistic assessment of chance of success. We do not waste your time or money. If we assess you to have very little chance of success with your immigration problem, we will tell you and it is up to you to decide whether you wish us to proceed with your case given the unlikelihood of success. Sometimes we are surprised ourselves at the outcome of an immigration problem with a low likelihood of success that we are able to turn around. That is always good news and a cause for celebration.
Solving your immigration problem is possible! It requires a particular skill and IDESI LEGAL has it.
Immigration law is complex, but our legal team is experienced. There are many aspects to visa applications that require professional assistance, and the know-how, despite what you may read or see online.
If you have a problem with your visa or residency application, and need New Zealand immigration advice, then please contact us today, call 09 283 0157. With IDESI LEGAL you are in safe hands.
Immigration problems do arise.
Our team has a lot of experience finding permanent solutions to complex immigration problems.
Some of the cases we deal with on a regular basis are:
- Dealing with Potentially Prejudicial Information letters
- Resolving character or medical issues in visa applications
- Solving eligibility problems in immigration applications
- Making section 61 requests when a person is unlawful in New Zealand
- Residence appeals to the Immigration and Protection Tribunal
- Deportation appeals to the Immigration and Protection Tribunal
- Immigration fraud matters
- Complaints under the Client Complaint Resolution Process
- Cancellation of visas
- Decline of visa applications
- Ministerial appeals or special direction requests
- Ombudsmen complaints.
Section 61 requests
Section 61 requests are made to a specialist Immigration New Zealand team when a person becomes unlawful or is an overstayer. The purpose of section 61 requests is to make someone who is unlawful in New Zealand lawful again.
The Immigration and Protection Tribunal
The Immigration and Protection Tribunal (IPT) can consider all aspects of an individual’s appeal, where a number of grounds arise at the same time. The IPT is administered by the Ministry of Justice.
The Minister of Immigration has absolute discretion. The Minister’s directive can be given in any immigration matter. Immigration matters which require Ministerial intervention are those that are outside the mainstream, are exceptional and of a humanitarian nature.
If you are an Immigration New Zealand (INZ) client with a complaint about a matter handled by Immigration New Zealand, you will need to follow its Client Complaint Resolution Process. A complaint might relate to:
- an issue about the service you received
- the time taken to process your application
- a process failure – INZ did not follow their own instructions or procedures
- other matters related to your dealings with INZ but not if you are just unhappy with a decision you received.
Deportation is the process whereby a foreign national who has no right to remain in New Zealand is required to leave. New Zealand citizens cannot be deported from New Zealand. In summary, deportation liability is triggered by:
- Staying in New Zealand unlawfully (i.e. beyond a visa expiry date)
- Staying in New Zealand on a visa granted in error
- Staying in New Zealand on a visa obtained under a false identity
- The Minister of Immigration determining there is sufficient reason to make a temporary entrant liable for deportation, including:
- Breach of visa conditions
- Criminal offending
- Matters relating to character
- Concealment of relevant information in relation to the person’s visa application
- Where the person’s circumstances no longer meet the rules or criteria under which the visa was granted.
- Obtaining a residence class visa through fraud, forgery etc.
- Breaching conditions of a resident visa
- New information prejudicial to character becoming available that, if known at the time a residence class visa was granted, would have meant the visa would have been refused
- A residence class visa holder being convicted of certain criminal offences
- Cancellation of refugee and/or protection status where the person is not a New Zealand citizen
- Being a risk or threat to security
- Reactivation of deportation liability after suspension conditions are breached.
Residence class visa holders remain liable for deportation for 10 years following liability for deportation arising.
Migrant workers have the same employment rights as all other workers in New Zealand. However, some employers do not treat their migrant workers according to New Zealand employment law.
We know that you may be afraid to report exploitation at work. You may be working when your visa does not allow this, or you may be in New Zealand unlawfully (your visa may be expired). You may be afraid that if you report exploitation at work, you will have to leave New Zealand.
Some employers know this and therefore pay you less and make you work in conditions less than the minimum rights for New Zealand workers. This is wrong. If you report exploitation at work, you may be able to stay in New Zealand while we investigate and prosecute your employer or complete the purpose of your visit. IDESI LEGAL can assist in applying for the Migrant Exploitation Protection Work Visa.
For further information about New Zealand immigration advice and where to go for immigration queries, Contact Us.
Providing Immigration Advice
Please note it is illegal for anyone to provide New Zealand immigration advice, unless they hold a license or are exempt from the requirement to be licensed.
The Immigration Advisers Authority can help you:
- Find out if your adviser is licensed
- Find out who is exempt from the requirement to be licensed
- Find out how your adviser must treat you
- Complain about the actions of your adviser
- Find out if your adviser is overcharging you
Lawyers are permitted to give New Zealand immigration advice without a licence providing they hold a current practising certificate from the New Zealand Law Society. It is always better to get it right the first time. Get qualified help from an experienced immigration lawyer before you start your application.
The New Zealand Law Society can help you find a lawyer in your area, or help you lodge a complaint about your lawyer. You can contact them on 04 472 7837. Check out their website at www.lawsociety.org.nz for more information.