Rrv refusal

[dino]

Hi everybody
My name’s Dino. I’m new to this forum and i’m in need of some help.
I’m a South African citizen but i’ve lived in New Zealand over the last (8yrs) . i love the country and was a permanent resident of New Zealand. I had two travelling visa’s issued to me.one valid for two years and one valid for 1 year in 2009 my mother had unfortunately passed away in South Africa and i had to make quick decisions to attend my mother’s funeral ,which i did.my travelling visa had expired

When i wanted to return to New Zealand i had applied for a travelling visa to go back which i was refused as N.Z was my home. I got in contact with N.Z immigration complaints they got back to me saying that my case was not exceptional to policy exceptional circumstances. If my mother’s death and looking after my family is not exceptional circumstances then what would qualify as exceptional circumstances? This was my question to the N.Z immigration services they avoided answering me directly as to what they consider exceptional to policy exceptional circumstances is. So if it’s possible can anybody please help me in answering this and give me some advice on alternative ways to dealing with this problem as i was told by N.Z immigration complaints commission to reapply for my permanent residency or have a look at the shortage skills list. i had spent over 100thousand dollars in all to gain my permanent residency permit(indefinite residency permit).no consideration was made for outstanding debt owed to the country’s bank as this was made clear to them in my application for travelling visa.
Any help would be much appreciated
Thank you.

[newarrival]

Hi Dino,
I kow that you have posted that before, apparently you did not get an answer or not the one you were looking for?!

The part which I can't quite understand in your post is the one oabout the 'traveling visa'- could you explain what that is, I have never heard about it?
You have said that you are a permanent resident, so after 8 years living in New Zealand you must have indefinite residency for sure, where is the problem in returning to New Zealand then?

Sorry for the questions, but maybe you can clarify your post in order to get some helpful answers?

[JandM]

after 8 years living in New Zealand you must have indefinite residency for sure

There's no 'must have' about it. If the OP did not fulfil the conditions for IRRV (now called a Permanent Residence Visa) in the first two years, they would have needed to renew RRV, which it sounds as if is what happened, hence their extra 12 months' RRV. They must have then carried on living in NZ without going back to INZ to see about getting IRRV, or more RRV, which doesn't matter at all as long as they were IN the country. However, they then left NZ without RRV (now called travel conditions) in their passport, so have no visa for returning.

INZ are obliged to renew a Resident's travel conditions if they apply from within NZ, but do not have to if they apply from outside the country.

(The part of dino's post I don't understand is "no consideration was made for outstanding debt owed to the country’s bank".)

dino, I think, although it must be truly upsetting and annoying, your situation is understandable when looked at according to the INZ rules. I don't think anyone here is going to know a way round - your case would always be asking a favour of INZ, not calling for a right. Did you think of trying to ask the Member of Parliament for where you lived in NZ to speak up on your behalf, or your NZ employer?

[newarrival]

...and, as usual, you're right!
I did not even consider that you would not apply for the RRV/ Permanent Residence!

[dino]

hi jand M

thanks for the reply.
When i had left N.Z in august 2009 to attend my mother's funeral i had a travelling visa which expired in april 2010.Believing i was going to return before then, i was let down by financial support to do so.
Being the eldest son i had lots of other issues to settle ith regards to my mother's death.
i belive that my expertise and qualifications is of a great contribution to the N.Z economy as a qualified bricklayer and blocklayer, law enforcement officer ,i've worked on the N.Z maximum security jail for two years and had applied to the N.Z royal police.attained all N.Z licences from motorcycle to extra heavy vehicles.

why not the consideration?

[Duncan74]

You're arguing to the wrong people. You need to make that case to NZIS and not us.

[dino]

i wasnot arguing with anybody but merely stating mycase and seeking some valuable advise.as i say please.i had approached the complaints commission of NZIS.

[JandM]

Yes, I saw you had approached the complaints commission - as I said above, I don't think you have grounds for complaint, as, from what you have said, they seem only to have applied the rules in your case. But you might be able to get some help on compassionate grounds from the MP who represented you in NZ, and also from representatives of any areas of life you contributed to while living there.

[minnysian]

Hi everybody
My name’s Dino. I’m new to this forum and i’m in need of some help.
I’m a South African citizen but i’ve lived in New Zealand over the last (8yrs) . i love the country and was a permanent resident of New Zealand. I had two travelling visa’s issued to me.one valid for two years and one valid for 1 year in 2009 my mother had unfortunately passed away in South Africa and i had to make quick decisions to attend my mother’s funeral ,which i did.my travelling visa had expired

When i wanted to return to New Zealand i had applied for a travelling visa to go back which i was refused as N.Z was my home. I got in contact with N.Z immigration complaints they got back to me saying that my case was not exceptional to policy exceptional circumstances. If my mother’s death and looking after my family is not exceptional circumstances then what would qualify as exceptional circumstances? This was my question to the N.Z immigration services they avoided answering me directly as to what they consider exceptional to policy exceptional circumstances is. So if it’s possible can anybody please help me in answering this and give me some advice on alternative ways to dealing with this problem as i was told by N.Z immigration complaints commission to reapply for my permanent residency or have a look at the shortage skills list. i had spent over 100thousand dollars in all to gain my permanent residency permit(indefinite residency permit).no consideration was made for outstanding debt owed to the country’s bank as this was made clear to them in my application for travelling visa.
Any help would be much appreciated
Thank you.

Wow that really must suck, now you can't even return to NZ.

In hindsight, I guess you should have applied for an indefinite RRV before leaving NZ, since that was something that was SOOOO IMPORTANT.

No use crying over split milk now...if I were in your shoes, I would contact my MP and see what he can do for me. I will also try to push my case with NZ immi.

And most importantly, I would look into re-establishing residence in NZ again by reapplying for another EOI.

Gd luck!

[Tui2too]

I don't know if this helps you, I had remembered reading about a 'second or subsequent resident visa', and found this in the guide:

http://www.immigration.govt.nz/NR/rd...cember2010.pdf

"What should I do if my resident visa has expired?
If you intend to return to New Zealand as a resident, you will need to make an application for either a permanent resident visa or a second or subsequent resident visa to regain your resident status.
You may still qualify for a permanent resident visa if your resident visa expired less than three months ago (see the ‘Requirements to be granted a permanent resident visa’ section of this guide). Otherwise you may be able qualify for a second or subsequent resident visa (see the ‘Requirements to be granted a second or subsequent resident visa’ section)."