CAME under OLD LTBV plan, RESIDENCY IS BEING CHALLENGED USING NEW LTBV

[farmer]

help


We submitted our residency using the old plan as we have been here in new zealand 4 years, and Wellington is challenging us, using the new LTBV rules, illegally. If anyone has downloaded the requirements or points to the old wording, preferebly on a govt web site, to the old wording for residency , please help us.

[IanW99]

Do you know what you are looking for? For example I've got a copy of the residence manual (pdf) dated 26th September 2011, is this old enough? I've probably got older versions somewhere.

The rules were all updated on 29th November 2010, do you want details before that date?

Ian

[farmer]

yes, that is old enought. Can you email me a copy to XXXXXXXXXXXXXXXXXX please ?

[farmer]

ps i cannot find the old forms on the inz web sites, apparantly they are all living documents.

[IanW99]

I've removed your email address, but have noted it down and will send a copy shortly.

Ian

[IanW99]

ps i cannot find the old forms on the inz web sites, apparantly they are all living documents.

Another option is to use Wayback Machine which has a copy of the immigration website at various times including all the old forms.

Ian

[farmer]

My IA sent me that INZ is challenging me on three things

Based on the financials you have produced the business is not self-supporting whereby you are able to pay yourself a wage which meets the minimum pay requirements.

2. You do not have anyone continually working for you.

3. The business is not adding significant benefit to NZ.

This was not at all in the old wording. My IA advisor is saying to me the wording has not changed, but that is clearly incorrect. any thoughts please???? This is absurd.

[JandM]

I wonder if this is what you remember - the 'previous immigration instructions' at the bottom of the page? http://www.immigration.govt.nz/opsmanual/i30781.htm And if you keep clicking on the downward arrow at the top of that screen, you scroll through other pages, including ones on blue backgrounds which are old rules. Some might be the ones that were in force when you applied.

[farmer]

Thank you for that. What do you make of it? INZ is clearly using the new rules, case in point, including the word ''significant'' benefit. We submitted Feb 12 2014.

[JandM]

It's hard to say. With most rule changes in the past, it's been specified that if someone had applied before the switchover, the case was completed under the old rules. I suppose you would need to try to track the exact piece of legislation, or even the discussion before it was passed, to see what the intention was. It's not quite the same as if, for instance, someone applied under SMC, which is all one visa, whereas going the business route involved getting LTBV on the strength of the business plan, and then being judged on the result of that before the residence visa was granted, so it's possible that INZ could argue for changing the rules on you between the two visas being all right (although it seems very unfair).

I see you have an immigration adviser - what does s/he say about all this?