Under section 61! Help!!!

[Kellykelly11]

Hello everyone!! My tragic life started from this September. I was applying for a essential skill work visa, the position is as shop assistant. But at the the first assessment my case officer sent me a letter to ask for more evidence to prove that my employer tried their best to hire locals. But somehow I didn't receive any letter, then I only got a letter on the day of my visa expired, the decision was made:decline. I was a bit panic at that time, so I went to the agent. But he suggested that take more time to prepare more documente to apply a reconsideration and leave the visa. I did what he told me, but then I found there is only under section 61 if my visa expired. So this time my result is refuse my request without no reason. 😢😭.
I don't want to give up and just leave like this, then I asked for more agents about this case, then everybody's suggestion is different. But most of them suggesting me to try manager title.
Everybody I 'm desperately want to get some advice or help. Or have you got any good lawyer or good agent contact numbers?
Thank you very much!

[JandM]

Are you in NZ at the moment?

If so, be very careful not to allow things to get to the point where INZ eject you from the country as an overstayer. If that was to happen, so it was put on your record that you are a lawbreaker, it could prevent you being granted a visa later.

[Kellykelly11]

Thank you very much. You mean like don't go to work because i don't have a work visa things like that? I'm not working for quite a while already....

[JandM]

That's one thing. But I really meant, even though you want to stay in the country, if it gets to the point where INZ say you should leave, go of your own accord till you can sort out another visa. Don't stay, hoping they will forget, because they won't, and if they arrest you to MAKE you leave the country, that will make you ineligible for permission to enter NZ again. http://www.immigration.govt.nz/opsmanual/35057.htm

I hope you will manage to find an adviser or immigration lawyer who can help you before it gets to that point, though.

[Kellykelly11]

Thank you JandM, I made up my mind that i'll leave this country as soon as possible. At this stage,it's quite differect to be granded another visa.
But thank you very much!

[JandM]

All the best. I do hope things will work out for you in the long term.

[Karen Phillips]

Hi. Just seen this thread. It is possible to get a visa under Section 61 if there was a good reason why you allowed the other visa to expire. However, the chances of getting a work visa as a shop assistant are very low as INZ would argue that it is easy to train a NZer to do this work. In principle, Section 61 could work, but if I am honest, In your specific situation, I don't feel it is going to help you. I think it would be safer to leave and come back, but you will need to find a higher level job. If you send me a Private Message I will give you my email address and I will look into this further for you. If you can get the job sorted quickly, it might be possible t put a case to INZ - but you will have to act fast. I am currently in NZ. Regards Karen

[JandM]

And to send Karen Phillips a Private Message, you need to make five posts, then the forum system will automatically switch on PMing for you. You will know it is switched on if you click on someone's username over one of their posts, and you see that sending a PM is one of the options in the drop-down box.

[ocramzitro76]

Hello JandM,

Just noticed this thread as I am might apply for section 61 if worse comes to worse. What are the requirements for this visa? I am in the middle of my course and I have only two months left to finish the course but I don't have my student visa yet. Am I allowed to continue the course with this kind of visa? I am very positive that I could find a job later upon finishing this course because this is my pathway to get my teacher's registration and the demand of Secondary Mathematics teachers in New Zealand is really high. Am I allowed to apply for a work a visa from section 61 visa or any other visa?

Thank you.

Kind Regards,

Marco

[JandM]

Section 61 is not a visa in itself. It is a part of the law which allows the Minister to CONSIDER granting a visa of whatever appropriate type to a person who, because they are currently illegally in NZ for some reason, cannot have their visa application processed by INZ in the normal way. The links below will explain more.

http://www.immigration.govt.nz/NR/rd...rFactsheet.pdf
http://www.immigration.govt.nz/opsmanual/47231.htm (all sections)