hi

my case is very complicated. my NZ work visa was declined because of section 15(immigration act 2009). INZ accept my 4 years old relationship with my wife. also we have 1 year old daughter in our relationship. my wife and baby both are NZ citizen.

Reasons for SECTION 15:-
i was in Australia on student visa. i didn't commences my studies and immigration found me as a Non-genuine student, they cancelled my student visa. i left Australia after visa cancellation. because of student visa cancellation i got 3 years ban to Australia. this ban is only for temporary visas to Australia not for permanent visas.

my both Indian and Australian PCC are clear. No criminal offence.
never overstayed and never live illegal.

when filling INZ work visa form there is a question in Character part.

have you ever
removed/deported, refused entry or excluded from any country. i ticked YES.


my CO told me as im excluded from Australia so i can't get NZ visa. i request for special direction INZ didn't grant.

i spoke to NZ lawyers and advisers. they told me to wait until OZ exclusion expire. only 11 months left to OZ exclusion expire.
but some adviser said even OZ exclusion expire the problem will be same in the future to get NZ visa.

Under section 15, the following people are not eligible for a visa or entry permission to enter or be in New Zealand:
Any person who -

1.at any time (whether before or after the commencement of the Immigration Act 2009), has been convicted of any offence for which that person has been sentenced to imprisonment for a term of five years or more, or for an indeterminate period capable of running for five years or more; or
2.at any time within the preceding 10 years (whether before or after the commencement of the Immigration Act 2009), has been convicted of any offence for which that person has been sentenced to imprisonment for a term of 12 months or more, or for an indeterminate period capable of running for 12 months or more; or
3.is subject to a period of prohibition on entry to New Zealand under section 179 or 180 of the Immigration Act 2009; or
4.at any time (whether before or after the commencement of the Immigration Act 2009) has been removed or deported from New Zealand under any enactment; or
5,is excluded from New Zealand under any enactment; or
6.has, at any time, been removed, excluded, or deported from another country.


number 6 belongs to me for lifetime. so i have to tick YES always in character part of any INZ form.


Now my wife and my baby both are living with me in India. we are planing to go NZ together when the OZ exclusion expire.

please help me with your advise about my next step.

thanks