Other Services and Information

Looking for New Zealand Immigration Help?

Below are immigration services and information we can provide.

Refugee / Asylum Resident Visa

Each year, New Zealand accepts over 1000 refugees for resettlement through the United Nations High Commissioner for Refugees (UNHCR), as part of New Zealand’s commitment to being a good international citizen.

Quota refugees who have resettled in New Zealand can apply under the quota for family reunification with spouses and dependent children that the UNHCR has confirmed are refugees.

In addition, New Zealand considers claims from asylum seekers who claim refugee status when they arrive in New Zealand and when they are in New Zealand.

Residence Visa Appeals

If your visa application has been declined by Immigration New Zealand you might want to lodge an appeal. Talk to us about whether you can lodge an appeal with the Immigration Protection Tribunal.

The Immigration and Protection Tribunal (IPT) is the body in charge of appeals against visa and deportation decisions. It can consider all aspects of an individual’s appeal, when those grounds arise at the same time. The IPT is administered by the Ministry of Justice.

The IPT replaces the:

  • Residence Review Board (RRB)
  • Removal Review Authority (RRA)
  • Refugee Status Appeals Authority (RSAA)
  • Deportation Review Tribunal (DRT)

There are prescriptive dates in which to lodge an appeal. Please consult IDESI LEGAL Limited for further details.

Court Appearances

If you’re looking for New Zealand immigration help, we are available to take the following types of cases before the NZ courts:

  • Residence Appeals
  • Deportation Non-Residence and Residence Appeals
  • Refugee and Protection Appeals
  • Judicial review of Immigration New Zealand decisions
  • Humanitarian Appeals
  • Determination whether to reactivate suspended deportation liability notice.

Ministerial And Special Directions

In exceptional cases, a direct submission can be made to the Minister of Immigration for a special direction. Under the Immigration Act 2009, the Minister (or Delegated Decision Maker) has the absolute discretion to grant a visa. 

Our immigration lawyers at IDESI LEGAL have a speciality in this area and have helped numerous clients obtain a visa through this route including Residence Visas. 

Ministerial Interventions submitted by Idesi Legal have also led to many overstayers being legalised. In fact we have legalised a person who overstayed for the substantial part of 31 years.

Deportation

There are three types of Deportation. 

  • Potential Liability for Deportation which results in a questionnaire
  • Liability for Deportation
  • Deportation Order

A temporary or resident visa holder in New Zealand may find they’re liable for deportation. Our immigration team is expert in this complex area and we have assisted clients to successfully contest their deportation whether it be, Potential Liability for Deportation which results in a questionnaire, Liability for Deportation or Deportation Order.

Deportation is the process whereby a foreign national who has no right to remain in New Zealand is required to leave. 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.
  • Determination whether to reactivate suspended deportation liability notice.
  • Residence Visa Status is lost because the person has not renewed their travel conditions, therefore no longer has residence visa status and thereby becomes subject to deportation proceedings.
  • Character waiver submissions being unsuccessful leading to the decline of a visa and issuing of a deportation liability notice.

Residence class visa holders remain liable for deportation for 10 years following liability for deportation arising.

Complaints

If you are an Immigration New Zealand client or representative 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 – not following their own instructions or procedures
  • other matters related to your dealings with Immigration New Zealand

Being unhappy with a decision you received from Immigration New Zealand, does not constitute a complaint. Even if an immigration agent, consultant or adviser add to your issue, or your application being declined, that is not Immigration New Zealand’s fault.

If Immigration New Zealand has acted outside expectations with regards to an issue about the service you received, the time taken to process your application, a process failure, or other matters related to your dealings with Immigration New Zealand we can lodge a complaint on your behalf. The complaint cannot be based on the merits of the case.

Migrant Exploitation

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. Some employers will pay not only pay migrant workers less they require them to work in sub-standard conditions below the minimum rights for New Zealand workers.

We know that you may be afraid to report exploitation at work, particularly if you are working without the correct visa, or your visa may be expired. You may be afraid that if you report exploitation at work, you will have to leave New Zealand.

However, if you do report exploitation in the workplace, you may be able to stay in New Zealand while we investigate and prosecute your employer.

IDESI LEGAL can assist in applying for the Migrant Exploitation Protection Work Visa. 

MBIE-Labour-logo

Contact the Department of Labour for:
information about your basic rights as an employee. www.mbie.govt.nz

community law

Contact the Wellington & Lower Hutt Community Law Centres for:
free legal advice and assistance 04 499 2928 or email info@wclc.org.nz

Immigration NZ

Contact Immigration New Zealand to:
report migrant exploitation and check your work entitlement. Call 0508 558 855 for New Zealand immigration help or visit Immigration New Zealand’s website at www.immigration.govt.nz

CareersNZ

Check the Careers website for:
information about your chances of getting a certain job in New Zealand;
information about what people working in your role are typically paid in New Zealand. Call 0800 222 733 or visit careers.govt.nz

MBIE-Labour-logo

Information about Employment Disputes:
0800 20 90 20 or visit the Department of Labour website at www.dol.govt.nz

Need New Zealand immigration help? Speak to the team of immigration lawyers at IDESI LEGAL. Call the Auckland office on 09 283 0157 or Wellington 04 461 6018.

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