Immigration Complications

Along with our full range of visa services, we also provide assistance and support for special cases.

Immigration Complications arise when your circumstances do not meet the policy requirements for the immigration application you are wanting to apply for. Or if you have simply become unlawful i.e. your visa has expired and you are still in New Zealand, and do not wish to leave (even though that is your obligation). 

These complications can also arise if immigration inappropriately declines your application.

If you are in New Zealand, you are have many more avenues available to sort visa situation than if you were offshore. This is because visa holders within NZ borders have certain rights granted to them by the Immigration Act 2009 to appeal or request a review or reconsideration of their decline decisions. 

Section 61 Requests

Though every migrant’s endeavours to maintain their lawful status in New Zealand, sometimes thing can get out of hand. People can become unlawful often through no fault of their own, being victims of circumstance or misguidance.
If you do not hold a valid visa to be in NZ, your options can be greatly limited.
One thing you can do is request Immigration New Zealand to grant a visa under Section 61 of the immigration Act 2009 as a special case.
Any type of visa can be granted under Section 61, and we specialise in preparing high quality, detailed and robust Section 61 requests to advocate for our clients and try our best to plead their case to the appropriate decision-maker.
Of course, the threshold for a grant of a visa as a special case is very high, and only exceptional circumstances warrant the grant of a visa under Section 61.
We can assess your case and advise if we believe there is any merit in putting forth a section 61 request. If we believe it to be appropriate, we will prepare, compile and submit the request, and do our best to advocate strongly on your behalf.

Appeals to the Immigration and Protection Tribunal (IPT)

If Immigration New Zealand does not offer a client their desired outcome, and there is merit in escalating the matter, clients can approach the IPT in a number of situations to try and appeal decisions.
We can help with IPT appeals against deportation for those who are unlawfully in NZ, along with IPT appeals against Immigration New Zealand’s decision making in residence applications.
IPT appeals can often be quite complex and challenging, and we use our knowledge and experience to support and guide you through this difficult time.

Ministerial Interventions and Special Directions

In some exceptional situations, the only way in which to try and achieve the desired outcome is to approach the Minister of Immigration or one of their delegates.
This requires a special direction or ministerial intervention request.
We can help to determine if such a course of action is appropriate in your particular case, and can then work to prepare a submission.

Ombudsman

The Office of the Ombudsman is a neutral body, which is responsible for investigating a variety of government departments to ensure integrity and quality of service and decision-making.
If situations warrant it, a complaint can be made to the Ombudsman in order to seek their intervention or investigation into a particular matter.
Situations that warrant Ombudsman complaints can include:
• Incorrect processing of an application
• Unsatisfactory quality of service provided by INZ
• Other matters where iNZ have not met their obligations to an applicant
Ombudsman requests can only be made if INZ’s internal complaints procedure has been followed without an unsatisfactory resolution.