Results 1 to 8 of 8

Thread: What happens when you try to apply after overstaying?

  1. #1
    Join Date
    Apr 2010
    Location
    New Zealand
    Posts
    45

    Default What happens when you try to apply after overstaying?

    Hi there,

    A friend is going to apply for a partnership-based work permit after already overstaying a visitor's permit for 4 months!

    She had applied for a working holiday permit back in October, reached the second stage of the application, but was then told the quota had been filled and she'd missed out.

    Her excuse is that as she thought she was getting a working holiday permit, she did not change the date of her return ticket and has since lost her airfare, meaning she hasn't been able to afford to fly home (or go to Australia to apply or something like that).

    I'd say INZ will have little mercy on her. The permit she is applying for now would be a partnership-based work permit - Kiwi partner (together for 8 months, living together for 6 months).

    They might simply ask why she didn't sort it out before. It was just a major error on her part - some people don't take these things seriously enough until it's too late.

    Cheers for any replies. Have searched forum for 'overstaying' but not coming across any similar situations.

  2. #2
    Join Date
    Dec 2007
    Location
    Auckland, NZ
    Posts
    657

    Default

    D2.30.5 Effect of being liable for deportation

    See also Immigration Act 2009 s 169

    A person liable for deportation may not:
    apply for a visa, if he or she is unlawfully in New Zealand; or
    apply for a further visa of a different class or type, if he or she currently holds a visa.
    However, the Minister of Immigration or an immigration officer may, in his or her absolute discretion, grant a visa of a different class or type to a person to whom section 169 (1)(b) of the Immigration Act 2009 applies.
    While a person is liable for deportation, the processing of any application by the person for a visa of a different class or type must be suspended.
    While a person is liable for deportation, the processing of any application by the person for the grant of New Zealand citizenship under section 8 of the Citizenship Act 1977 or section 7(1)(b)(ii) of the Citizenship (Western Samoa) Act 1982 must be suspended.

  3. #3
    Join Date
    Mar 2007
    Location
    Top of the South!
    Posts
    321

    Default

    Being a in a relationship for 8 months is not going to cut the mustard. Plus there is the whole over staying aspect which is very poorly looked upon. Stupidity is not a mitigating factor either.

    Having said all of that, I recently found out a friend has been a overstayer here for 8 years (!). He now has a residency permit (when he was able to tell me), based upon his 6 year relationship, the fact he has a mortgage and a reasonably high position at Christchurch airport. But he had to get a lawyer involved and it cost him big time, $12,000+. There is a clause in the immigration act that allows some leeway when dealing with overstayers, but these are done on a case by case basis.

  4. #4
    Join Date
    Apr 2010
    Location
    New Zealand
    Posts
    45

    Talking

    Thanks very much for your replies.

    This girl has been really stupid but is insisting that she "has known heaps of people who've overstayed and still managed to get a permit later on". She also thinks that 4 months' worth of being here illegally is fairly minor!

    She's a friend of my partner, so being the nice guy that I am, I agreed to look into this for her and help her write a 'please have mercy on me' letter.

    I know she has zero chance of success, but she is keen to try regardless. Good luck to her! LOL

    Cheers

  5. #5
    Join Date
    Feb 2009
    Location
    Auckland
    Posts
    3,697

    Default

    Quote Originally Posted by woodynz View Post
    This girl has been really stupid but is insisting that she "has known heaps of people who've overstayed and still managed to get a permit later on". She also thinks that 4 months' worth of being here illegally is fairly minor!
    As INZ deals on case by case basis, she might or might not have chances for favorable answer, some countries treat overstaying as serious crime - I think in Dubai they just charge some amount of fee and let you stay for certain period (couple of weeks I guess) - NZ is no Dubai and 4 months is not a small duration. Pointing the finger at other people getting away with overstaying doesn't sound to be helpful either. Professional advise might help your friend.

  6. #6
    Join Date
    Nov 2014
    Location
    New Zealand
    Posts
    1

    Default

    rizjunior


    I have a friend, she is overstayed in NZ over 6 years now and apparently got pregnant with a New Zealand citizenship holder, can she still apply for visa under partnership? Will they deport her back to her country while any declaration happening and application?

    thanks for your help

  7. #7
    Join Date
    Feb 2008
    Posts
    37,822

    Default

    As you will see, there wasn't any update to this old thread to say that the person got their overstay ignored and was granted a visa. We don't know the outcome.

    And the rule rizjunior quoted is still in force. http://www.immigration.govt.nz/opsmanual/45057.htm She is liable for deportation because she is illegally in NZ, and someone liable for deportation cannot apply for a visa in the normal way. I think the best hope she has is to go to INZ, tell them her situation, say that she wants if possible to regularize her position, and ask for advice on what she can best do. But it may well be that she will need an immigration lawyer. This is NOT going to be straightforward.

  8. #8
    Join Date
    Apr 2009
    Location
    Waikato
    Posts
    1,785

    Default

    She should go to an immigration lawyer or ask to speak with someone at Citizen's advice who have a good understanding of immigration law pronto. Encourage her not to leave it any longer - she needs proper legal advice immediately.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •