Partnership based work visa help

[manny22]

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

[JandM]

You've posted about this before, as you came to know about the situation.

It is VERY unusual and complex, and I have never seen anything like this on our threads, so I very much doubt that there is anyone likely to read this who has been in just the same circumstances. In any case, I would not trust yourself to the opinion of a random stranger only met over the internet.

According to all the publicly available regulations, it certainly looks as though, as you have said yourself, you are always going to be refused. According to ordinary INZ practice, INZ COs have no choice but to refuse you. Your only hope, which is by no means certain because it is so rare, is going to be to make some kind of appeal for exception to the NZ government, and for that, you need the case to be taken by a specialist NZ immigration lawyer.

The only other thing I can think of to raise is something I've said before - is there any way you can appeal the Australian case against you, which led to the ban? If that were wiped from the record, it could help.

[ChrisMwn]

"I request for special direction INZ didn't grant" What do you mean by this? Who did you apply to for the special direction? case officers don't deal with them, only the Minister of Immigration, or designated senior officials.

That said, you're applying for a work visa? On what basis?
Unless you have potential eligibility for residence it's unlikely a special direction would be granted/

[JandM]

Past history in his old posts, Chris. http://www.enz.org/forum/search.php?searchid=352539 His wife is a NZ citizen and he was trying to get a partner-sponsored temporary work visa.

[ChrisMwn]

OK, so he does have potential eligibility for residence. As you've said, he needs professional advice and an approach to the right person.

[Vikram Singh]

Hi Manny, I am in the similar situation as you are! As per my knowledge, I think you have served your Aus 3 year exclusion ban. My question is that have you grant your NZ Visa?
Reply will be appreciated.