Special Direction - working holiday visa application

[wilsonkk36]

Hi everybody,

I have been reading all of your posts over the last two months gathering bits and pieces of information which has been really useful. My partner and i are now playing the waiting game and finding things very difficult so any insight would be great at this point.

My partner and I have been together a little over a year now. Early on we started planning a trip to New Zealand to see what the way of life is like and the employment opportunities as we are based primarily in Ireland and my sister lives in NZ and loves it. We had our flights booked and paid for and left the working holiday visa thing to the last moment ( 7 weeks before we were due to travel) because we had been advised by the visa company that I should try and get a job offer and get a longer visa as my job is on the skills shortage list.

So I had no problem getting my working holiday when the time came but to our surprise my partner found out that he had incurred a 3 year ban from Australia (he left in Jan 2013). He was totally unaware of this but apparently when we got in contact with the authorities it seems there was a gap of 28 days during which he did not have a visa. He was granted a subsequent visa after this gap and did everything he was told by the authorities so thats why we weren't anticipating any problems. Obviously there was this 28 days in between where he was technically without a visa (he wasn't working at the time which is something at least). Naturally he was refused his working holiday visa on character reasons (section 15a I think) but his IO said that in situations like this it is sometimes possible to seek a special direction. He did this back at the end of August. He was told to send the documents to his local INZ branch which he did and they confirmed they received the documents. However - they said they didn't deal with these applications but would forward them to the relevant people. So now more than three weeks later, he contacted the INZ that he sent his documents to and the INZ in Auckland and neither have record of his special direction request. The past few weeks has been agonising waiting and now we don't know if they even have his request. Does anyone know what we should do? We contacted both offices and both are telling us to contact the other. Equally, I am in New Zealand now - as our flights were already booked and the process has taken quite a bit of time and I am scared to pursue jobs if he isn't able to follow me here - and he is in Australia not knowing if he should book a flight home or not (he was granted a Oz visa to visit a sick friend).

Does anyone have any information about the typical time frame that the special directions take or is it normal that they have no record of the request on his file? Are they ever successful? I can't see anyone who has actually been granted one. He followed the checklist given to him bit by bit including police clearance certs, the fee and 8 character references from family and friends. I am so lost not knowing if i am coming or going. Anyone that could shed some light on the process or alternative options (not sure about visitor visa either -- maybe he could come try and visit me at least). As you can tell from this long winded crazy post - I am a bit strung out

[JandM]

Posting to say I'm sorry to hear of your troubles, although I haven't any knowledge that would help.

[wilsonkk36]

Posting to say I'm sorry to hear of your troubles, although I haven't any knowledge that would help.

Thank you anyway JandM. I think he is just going to return to Ireland for the time being whilst we await the decision. His job is being kindly held open for him so at least he can work whilst we waits at home. If it doesn't work out for us within a few months I will follow him back Thanks again

[JandM]

We contacted both offices and both are telling us to contact the other.

After getting that reply, have you contacted them both AGAIN, to say they're both telling you to go to the other? I think I'd do that, and ask for the question to go to a supervisor, because at the moment you're not getting a meaningful answer, which is cause for complaint.

It occurs to me that, if his situation isn't sorted out this time, it is one that could keep dogging his footsteps every time he applies for a visa anywhere. In the first place, Australia has put a black mark for that 28 days, although they forgave him immediately afterwards. Now, because of that, if you leave matters, the record will show that NZ refused him a visa, and that's something that will come up with every application afterwards. I think he really needs to chase this down if he can, however annoying and upsetting it is. Sympathies.

[wilsonkk36]

After getting that reply, have you contacted them both AGAIN, to say they're both telling you to go to the other? I think I'd do that, and ask for the question to go to a supervisor, because at the moment you're not getting a meaningful answer, which is cause for complaint.

It occurs to me that, if his situation isn't sorted out this time, it is one that could keep dogging his footsteps every time he applies for a visa anywhere. In the first place, Australia has put a black mark for that 28 days, although they forgave him immediately afterwards. Now, because of that, if you leave matters, the record will show that NZ refused him a visa, and that's something that will come up with every application afterwards. I think he really needs to chase this down if he can, however annoying and upsetting it is. Sympathies.

Whilst he has been over in Australia he has been into the immigration office with which he had been dealing in the past and they have told him how to go about an appeal. I agree that he will definitely have to look into this for the future as it will be a mark against him indefinitely - he will always have to tick the box "have you ever been excluded from any other country". He understands that he made a serious error in that he had mistakenly thought he was covered by a bridging visa which was silly on his part - but when he left he specifically asked if he has a ban or anything and he was told no because he had presented himself to the authorities regularly and followed instruction (of course this was verbal so means nothing). I wouldn't have thought about the NZ application rejection as a strike against him as well but now you say it I remember hearing that before somewhere. When you say chase it down do you mean appeal to OZ or just keep plugging at trying to get his character waiver (special direction?). We have done everything we can to explain the circumstances in the special direction - giving numerous character references (myself, family, doctors, psychotherapists, his clients where he works have even given him references), police certs, and explaining his mistake and how it happened as he was going through a particularly rough time at the time, his head literally wasn't screwed on straight! We contacted both offices yesterday and were told to wait 48hrs so he can probably ring them to check again tomorrow. Will keep you posted anyway

[JandM]

When you say chase it down do you mean appeal to OZ or just keep plugging at trying to get his character waiver (special direction?).

If it was me, I'd do both.

[wilsonkk36]

If it was me, I'd do both.

I think you are right we just have to plug on. Thanks for your advice

[ChrisMwn]

PM when when you can if you like. I'll see what I can offer.

[wilsonkk36]

I don't think I can PM until I have made a few posts is that right? Sorry new to this so not 100% sure how it works

[ChrisMwn]

you've done 5 now, it should pop up soon