Can anyone help with special direction application?

[Claireobell]

To whom it may concern, my name is Claire, I am a New Zealand citizen trying to get back home from Ireland with my Irish husband. My husband Darren was deported from New Zealand in June 2013 for overstaying his visa, as we had not been together for long enough at the time and were not married at the time we were unable to overturn this decision.
We were told that we would be able to apply for a Special Direction and would be able to get the 5 year ban reduced upon being able to provide evidence of a committed relationship. We got married here in Ireland nearly two years ago and live together in a committed relationship.

We recently put in a visa application to the NZ Immigration office in London and have just received a letter back to tell us that they will not be considering him for a Special Direction. This is heartbreaking news for both of us as we desperately want to start our lives and a family together in New Zealand.
Being in Ireland has been very hard on us and my mental health is suffering as a result, we simply cannot afford for me to be travelling back and forth to visit my family and loved ones. Darren has been finding it very difficult to find consistent work which has had a huge impact on his mental health also. I am worried that if something was to happen to a member of my family then I would have to go back by myself without the support of my husband.
I was in the middle of setting up a business in my hometown of Gisborne at the time my husband was deported, we have put our entire lives on hold whilst we are here.
Darren is not a criminal, he has made mistakes in the past and is regretful of his actions, he is a loving and honest individual and does not deserve such harsh punishment.
Please if there is anything anyone can do to help our situation or any information on how to get a Special Direction to have the ban lifted or reduced would be greatly appreciated. Please we are good honest people who just need to be given a break.
Yours sincerely, Claire and Darren.

[JandM]

We were told that we would be able to apply for a Special Direction and would be able to get the 5 year ban reduced upon being able to provide evidence of a committed relationship.

Who told you this, and do you have it in writing? If you do, it might be worth the effort and money to consult an immigration lawyer. But otherwise, I don't know of anything in the rules that gives any impression of a way round the five-year ban. http://www.immigration.govt.nz/opsmanual/35057.htm It's the law. I'm afraid the way people feel, when faced with the law saying 'no', doesn't make any difference.

I don't know of anyone on the forum who has successfully put in a special direction request due to a major infringement such as your husband's - the people I know of have had minor situations, such as a work visa becoming invalid when the employer's business folded.

[Claireobell]

That's not good news! I thought I we would have something to work on as I'm a citizen and it's like I'm receiving a jail sentence just for falling in love- if I was in jail I would have seen my family more than I am now! It was the arresting officers that told us that, they felt sorry for us and even gave my husband 4 weeks to leave the country and released him from jail after one night, they said that would all go towards getting us back sooner. It says you can apply in writing to the minister of immigration - does this mean hand written or email? Thanks for your input

[JandM]

It's unfortunate that you're suffering from this, but your feelings are not going to make any difference to INZ, or the minister. Your husband was caught lawbreaking, and this is his sentence. If some other kind of lawbreaker was jailed, that wouldn't be changed because his wife, his mother, and his children said they didn't like it that he was away from them.

About writing to the minister, I know you can communicate via email (I've had answers from him). On a matter like this, though, my instinct would be to hand-write in the first place, but giving all your contact details so he can reply by email if he prefers it.

Also, although your feelings are the main thing to you, it's unlikely to be any use whatever making those the main point of your appeal. If you can think of any reason at all why your presence in NZ might be of use to the community back there, that is more the kind of argument to put forward. For instance, just going from what you said - that business that you were starting, if it was to grow and give employment to locals, might be seen as an advantage to NZ. Or maybe you have a record of doing useful voluntary work in the community that you could point to.

But be prepared that all this may very well get you absolutely nowhere. INZ and the minister are all about the NZ law. There are people all over this website who are working to try to find how to fit in with the requirements, and if they don't, they get told 'no', however disappointed they are. And they ALL have that feeling of 'but I really, really wanted this, and I'm *me* and I'm a good person', but the door still gets shut on them.

[Claireobell]

Thanks for that, we are going to try anyway because if you don't ask you never know! Once the ban is up in 2018 do you think we will have any trouble with getting a family class resident visa because of all this?

[JandM]

If he has been told he is banned until that date, then once the ban is lifted, it will all depend on your having ALL the necessary evidence that you live together. INZ look particularly at the 12 months immediately before the application - and you should aim at having different kinds of evidence at the rate of 2 - 3 pieces A WEEK, if you can, with the beginning of the 12 months particularly solidly marked. (And continue through the time of processing, because they commonly ask for some more just before the visa is issued, making sure that the couple are still together.) But keep collecting NOW, and right on until you can apply. Here are old threads that can give you some inspiration. https://www.google.co.uk/#q=site:enz...tnership+proof

[Fern49]

I feel for you, in your situation. As has been mentioned, if you could 'fire up' your proposed business that would surely help. Government has said that if necessary they will tighten immigration laws to allow more refugees into the country. You may have to make the best of Ireland and look forward to coming back. At least your hubby would be with you.
Gisborne is my hometown, can I ask what area you lived in, just out of interest.?
Good luck.

[Boring2016]

If he has been told he is banned until that date, then once the ban is lifted, it will all depend on your having ALL the necessary evidence that you live together. INZ look particularly at the 12 months immediately before the application - and you should aim at having different kinds of evidence at the rate of 2 - 3 pieces A WEEK, if you can, with the beginning of the 12 months particularly solidly marked. (And continue through the time of processing, because they commonly ask for some more just before the visa is issued, making sure that the couple are still together.) But keep collecting NOW, and right on until you can apply. Here are old threads that can give you some inspiration. https://www.google.co.uk/#q=site:enz...tnership+proof

Dear JandM,

You have replied for many times for my questions and I really appreciate for this.

I am facing a declination from the immigration bureau for my current work visa application. When my last work visa has just expired, I worry I would become unlawful living in NZ.
Have you seen anyone who had a similar situation like mine sucessfully got their Visa under special direction before?

Many thanks for your contribution to our forme.

Have a nice evening.

Kind Regards,

[JandM]

It is very rare for the Minister to use Special Direction powers. I haven't seen anyone on the forum say they have got a visa this way. From what gets reported in the papers, it seems that usually, the only reason the Minister uses this power is if there is some advantage to New Zealand, or to several New Zealanders, for an applicant who doesn't meet the requirements to be granted a visa nevertheless.

[Boring2016]

It is very rare for the Minister to use Special Direction powers. I haven't seen anyone on the forum say they have got a visa this way. From what gets reported in the papers, it seems that usually, the only reason the Minister uses this power is if there is some advantage to New Zealand, or to several New Zealanders, for an applicant who doesn't meet the requirements to be granted a visa nevertheless.

Thank you so much. I feel desperated now....

Can I apply for a Student Visa under S61? once they declined my application and I do not have legal status.

Thanks again