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Thread: Student Visa Declined

  1. #1
    Join Date
    Sep 2014
    Location
    New Zealand
    Posts
    12

    Default Student Visa Declined

    HI
    My partner had to leave New Zealand as his visa had run out and a subsequent visa was declined under section 61.
    On advice from INZ he was told to return to his home country and apply from there and would have no problem being granted a visa. He has done that and his student visa declined on 21 July by the office in India for the following reasons

    Given your chosen course of study, you are intelligible to apply for a graduate job search on the completion of your study;as such you do not have a direct pathway to obtaining a work visa in New Zealand. Taking into account this act in conjunction with the significant costs involved with undertaking international study it is reasonable to expect that you will be able to demonstate that there are significant benefits to be gained back in ______ by undertaking his proposed course of study.

    We have assessed the information provided with references to your home country and this in combination with the above information shows that you may not have persuasive occupational and financial incentives in ________ which would persuade you to depart New Zealand in the event you are unable to complete the course.

    as soon as my partner recieved this he sent me a scanned copy to forward to his immigration adviser here in New Zealand. The immigration adviser then told us he would contact the office in India and seek clarification on why the visa had been declined as the reasons given are not valid. Since then it has been hard to track down the adviser and we are not happy that all this time has been wasted.

    We are considering looking into the posibility of going for a work visa under partnership and have lots of evidence for this but are still a bit upsest that he hasnt recieved a fair deal.

  2. #2
    Join Date
    Sep 2014
    Location
    New Zealand
    Posts
    12

    Default

    Forgot to say is there anything we can do to get a reconsideration of his student visa?

  3. #3
    Join Date
    Feb 2008
    Posts
    37,822

    Default

    You could use the INZ complaints procedure. http://www.immigration.govt.nz/migra...ntsprocess.htm

  4. #4
    Join Date
    Sep 2014
    Location
    New Zealand
    Posts
    12

    Default

    I want to do that but the immigration adviser told me if we do that then it will be impossible to get another visa. He has said that he has asked for a reconsideration but we dont believe he has as whenever i contact him he is waiting for a call or has just sent an email or it is a holiday in india or no one is answering their phones. last time i spoke to him he said it was past the 21 days we had to make a complaint so that was out of the question. we are very dissattisfied witht eh service as we are always having to chase him for answers and he never returns our calls. GRRR.
    Considering seeking advice from another adviser.

  5. #5
    Join Date
    Sep 2014
    Location
    New Zealand
    Posts
    12

    Default

    was also told that we cant complain as it is an application made outside New Zealand so have no grounds

  6. #6
    Join Date
    Oct 2013
    Location
    New Zealand
    Posts
    2,283

    Default

    well yes, you cant really complain about a decision (or seek a reconsidertation of an off shore matter), normally a complaint would be about the way you were treated or the way service was provided. What was the original course of study, and what was the new proposed course? If this is you partner, had you been living together and what evidence of your relationship did you have?

  7. #7
    Join Date
    Sep 2014
    Location
    New Zealand
    Posts
    12

    Default

    we have letters of support from friends family and also from the social worker who deals with my special needs child. we have bills letters and statements from the bank photos etc etc etc.
    the course he did was computing level 5 he now wants to do computing level 6 and 7 which gives him more options. When he applied to do level 6 in 2009 the college he was enrolled at was blacklisted and refused to refund his money so he applied for a 1 year work visa then got a job and applied for his 2 year open work visa. he then applied for PR and was declined. I had said at that stage that we should apply under partnership but his male stubborn pride prevented that from happening as he didn't want people to think that he was in a relationship just to get a visa. I cant move over to where he lives as the country does not have the resources to deal with my child.
    I have seen an immigration adviser today and am waiting to hear back from them as to what can be done as apparently the guy who declined the visa has not been 100% legit and is known for this type of thing.

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