SMC application rejected --- what are my options?

[aschip]

Hi,

My skilled migrant visa application was rejected today based on character concerns.

I had consulted a immigration advisory company called "Opulentz overseas". It turns out that they were unlicensed hence illegal!

I want to know what are my options here?

1. My wife already has got a work visa, will she able to travel to NZ?

2. I have applied for a partnership based work visa, will this rejection affect my application for this visa as well?

3. If I get the partnership based visa, will I be able to travel to NZ?

4. Can I re-apply for the residence visa again?

Thanks,
Aseem Chiplonkar

[zednic20]

Hi Aseem
Can we know at what stage your SMC visa got rejected? During EOI/ITA?

1)On Work visa of NZ, ur wife can travel to NZ and look for job in NZ if she has not secured one.
2)If this rejection is purely based on illegal visa consultant and not because of you {Example:-Giving incorrect information/misguiding INZ} then no need to worry about.
3)Yes you can travel to NZ if u get partnership visa.
4)You can re-apply for residence visa and this time you can do it yourself. This forum is best and all people are genuine,helpful and had gone through various situations so they are experienced also.

[aschip]

Hi zednic20,

It got rejected by the case officer after 6 months of ITA being selected!

My wife has already got a work visa based on the job offer from an accredited employer.

The rejection is purely based on the consultant. "Misinformation/misguiding INZ" exactly!!!

Thanks a lot for your reply.

I wonder why these case officers / people from immigration NZ, are not replying to these direct queries the way you have.

Thanks,
Aseem Chiplonkar

Hi Aseem
Can we know at what stage your SMC visa got rejected? During EOI/ITA?

1)On Work visa of NZ, ur wife can travel to NZ and look for job in NZ if she has not secured one.
2)If this rejection is purely based on illegal visa consultant and not because of you {Example:-Giving incorrect information/misguiding INZ} then no need to worry about.
3)Yes you can travel to NZ if u get partnership visa.
4)You can re-apply for residence visa and this time you can do it yourself. This forum is best and all people are genuine,helpful and had gone through various situations so they are experienced also.

[kuncle]

Hi Aseem.

I am sorry to hear about your case. INZ has internal operation manuals for all immigration officers worldwide and I guess there are some situations they regard unacceptable. On the other hand, I also suppose it is applicants' responsibility to verify the validity and legality of immigrationi advisers they are going to choose. Maybe that's why they declined you application.

As per the communication way of INZ, I feel case officers have been told not to tell applicants too much when their cases are under processing, unless they feel they need more information. I personally don't like this way but perhaps that's exactly how they are told to behave.

At last, wish you and your wife good luck in the future.

[zednic20]

Hi Aseem

The rejection is purely based on the consultant. "Misinformation/misguiding INZ" exactly!!! does this mean you gave correct information but from consultant side they misinterpreted and due to this rejection happened?

[Karen Phillips]

Hi. This is a really sad story. My advice to anyone using an immigration adviser is to check them out first on http://www.iaa.govt.nz/adviser-register to make sure they are registered. Whether or not your rejection will affect a partner-based work visa will depend on exactly why you were rejected. If what happened is that you gave all your information accurately and honestly to the unlicensed immigration adviser and it is on this basis that you were rejected, you should be able to make a case to INZ that you personally were at no time attempting to deceive INZ and did not realise that your adviser was not licensed. If this is the case, I am happy to help you free of charge. Let me know. Good luck with your partner-based visa. Kind regards. Karen

[sramn]

Sorry to hear that Aseem Chiplonkar. My ITA was also rejected after 16 months of filing my ITA under similar conditions. To my knowledge, I do not think there is a way out on the SMC path. In your case, I feel you might still be able to make it to NZ through the other option you have - I am sure the forum-ites would be able to give you more information.

[Jitin]

INZ uncovers immigration adviser scam

http://www.nzherald.co.nz/nz/news/ar...ectid=10884343

http://nz.news.yahoo.com/election/a/...adviser-scam/#

http://tvnz.co.nz/national-news/immi...-india-5440094

http://nz.news.yahoo.com/election/a/...grants-denied/

[Karen Phillips]

Hi Aschip. You will know by now that this situation is affecting a lot of people from India at the moment. If your wife has a visa I don't imagine they will cancel it unless she had taken advice from the same company and not declared it. This situation has blown up because (as I understand it, but do not know for certain) the offices of Opulentus were raided and client files recovered. If you are granted your partner-based visa, you will be able to travel to NZ and seek work. I am concerned for you, however, that using an unlicensed immigration adviser is seen as being "dishonest" and that this will mean that you will be refused future visas on character issues. However, it may be that you can provide evidence that you were an innocent victim here. I am looking into this situation and if I identify any possible courses of action fro you I will post again. Good luck! Karen

[kuncle]

Unfortunately but similarly to this case, 50 applications in India have recently been reported having appointed an unlicensed immigration adviser whose name is Opulentus Overseas Careers. All of these applications have been unexceptionally REJECTED. If someone has used or is going to use an agent to submit his/her application, please check very carefully that the agent is licensed.