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Thread: Temp work visa partnership declined

  1. #1
    Join Date
    May 2015
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    india
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    30

    Default Temp work visa partnership declined

    Hi
    Mt partner visa application declined bcoz of section 15 from NZHC new delhi. The reason for to fall section 15 is im excluded from australia for 3 years. No criminal offence to australia only quit studies while i was on student visa and they cancelled my visa & imposed 3 years exclusion.

    They satisfied with my 3.5 years old relationship bcoz we have a child together. My wife and baby both are nz citizens.

    Im confused now what is my next step. ?
    Can I apply for special directions under section 17. If yes then where i can apply for it.

    Presently my wife and baby both are living with me in india. They can't move to NZ by self. Bcoz from last five years my wife lived in australia.

    Decision letter wordings.

    """You have made submissions that you and Raj have been in a relationship since 2012 and that you got married on 09 November 2013. We acknowledge the documents that have been provided in support of your relationship including evidence to show that you and Raj have a child together. However, we are still not satisfied that you can be granted a visa to New Zealand. This is because you were excluded from Australia. You fall within the purview of Section 15 of the Immigration Act 2009 and are therefore, ineligible for temporary entry class visa or entry permission. A special direction was considered for you but has not been granted.

    We have considered all your circumstances to see if an exception to instruction is justified. Taking into account the objectives of temporary entry instruction and your present circumstances, we do not believe an exception to instruction is justified.

    Under section 186 of the Immigration Act of 2009, there is no right of appeal or reconsideration against a decision on a temporary entry class visa application made outside of New Zealand (as per immigration instruction E7.35.1).

    If you have new and compelling information which has not been considered by INZ, you may submit a further application. Such an application would be considered on its merits and would need to satisfy the assessing immigration officer that you meet all relevant New Zealand government immigration instructions including those raised with you in this application.'""""""""

    Please guys help me or advice me..
    There are few immigration adviser in my town but not immigration lawyer. Do i need a lawyer or a adviser.

    Or I'll never get NZ visa..

    Please help
    Manny

  2. #2
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    I think your situation is so individual that you need professional help. You could ask one of the LIAs who post on the threads here if they think it's within an adviser's run of expertise. (If you DO think of using an adviser, be careful in your choice and look online for some client ratings, because we have heard of some unscrupulous ones in India.) My first reaction, though, is to think you may well need an immigration lawyer, even if you have to deal with him/her over the internet or by phone.

    You ask about applying for a Special Direction, but they're telling you it's already been considered and rejected.

  3. #3
    Join Date
    May 2015
    Location
    india
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    Default

    Hi jandM.
    Thanks for reply to me.

    One of inz lawyer reply me and suggested me that im affected by 3 years exclusion period to australia so I can't get visa..

    But next month my wife moving to NZ with my daughter. She is in india on visitors visa.

    She start living in NZ nd work there.
    Im still very confused. Seems like all the ways are closed.

  4. #4
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    Feb 2008
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    Did the lawyer say if you will be eligible for a NZ visa when once the 3-year exclusion from Australia is over?

  5. #5
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    May 2015
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    india
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    Here is the lawyer's reply
    '""People who are excluded are not considered bonafide and genuine applicants in NZ.
    So if you were excluded for 3 years, still you are not likely to get a visa even if you apply again.
    No hope. Sorry"""

    But there must a way. Nobody can keep husband and wife separate.
    The main thing no criminal offence in my life. Indian ans Australian PCC are cleared. Never removed or deported.

    My wife got her NZ citizenship in 2010. After that she moved to and start living in australia. 2010 to till now she never went back to NZ.

    One of my adviser said she has to stay in nz and start working there. Then we can demonstrate the compelling reasons.

    Now im confused if i send back my wife to NZ with my baby and she lives and work there. If still INZ raise issues about section 15 and again decline my application. Im very confused and stressed.

  6. #6
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    Apr 2015
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    auckland
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    Default

    I would get another opinion from another lawyer before you decide what your next step is.
    But remember your lawyer wants your business so if you find they keep saying "you have no chance" they are more than likely correct.

  7. #7
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    Have you looked at the idea of pleading your case with Australia, to get them to lift your exclusion?

  8. #8
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    May 2015
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    india
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    Default

    Hi kiwilad. Thanks
    You are 100% right. I spoke to two nz lawyers they boht said NO to me.. He suggested me not to apply for any visa till 2017. My ban expires in feb 2017.he said australia nd NZ are mega sisters if iam excluded from australia it's mean im excluded from NZ too. He said once my OZ ban will expire then i can apply for australia or NZ.

  9. #9
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    May 2015
    Location
    india
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    Hi jandM
    Yes I applied for oz temp visa on the behalf of NZ partner but it was temporary visa and they suggested me to apply for waiver. But as a bad luck my waiver was declined from nz..
    For next 1.5 years there is no hope for NZ or OZ.

  10. #10
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    Feb 2008
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    The thing is, the NZ regulations (http://www.immigration.govt.nz/opsmanual/46509.htm, and then A5.20 b vi http://www.immigration.govt.nz/opsmanual/35057.htm) state that if you have EVER been excluded from any country, you can't be given a NZ visa, so with that wording, it doesn't look hopeful at all for entry to NZ. I was thinking, if Australia could be persuaded that your not telling them you hadn't started your course when they expected you to have done was a minor matter of forgetfulness, not fraud, and so lift your exclusion, you would have a much better chance with INZ.

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