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Thread: Leaving the country during visa application

  1. #1
    Join Date
    Jul 2016
    Location
    New Zealand
    Posts
    2

    Default Leaving the country during visa application

    I recently had a work visa declined because the evidence of advertising the job was from 12 months ago when I originally started working on a working holiday visa. My employer has re-advertised the position and all being well I will apply again this coming Wednesday once the advert has been online for 2 weeks (previous case officer said this should be an acceptable amount of time).

    On the same day I'm due to fly home for three weeks, returning 10th August, however my working holiday visa expires on the 5th of August. From what I can work out if my application is accepted and being processed, a bridging visa will be granted until a decision is made when the working holiday visa expires. I'm worried that a bridging visa will not allow entry or exit from the country whilst the application is being processed, or would this be something a case officer would decide or could be discussed about when granting the visa?

    Any help would be greatly appreciated and help settle the nerves!

  2. #2
    Join Date
    Oct 2013
    Location
    New Zealand
    Posts
    2,283

    Default

    if you leave the country then your work visa application may continue to be processed, but any interim visa is without travel conditions, so you would need to rely on any visa waiver status to return, uinless your new work visa had been granted. Youd be best to advise your case officer of travel planbs and that you are to return.

  3. #3
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    An interim visa does not have travel conditions. If you go outside NZ, your interim visa will automatically expire. There's no wiggle-room on this.

  4. #4
    Join Date
    Jul 2016
    Location
    New Zealand
    Posts
    2

    Default

    I thought that may be the case concerning the interim visa. Would it be possible to return as a visitor (I'm a UK citizen) until the work visa is processed, or would the application automatically stop if I did leave? If the application was cancelled or declined, would an immigration officer allow a person who had been in the country for 23 months return as a visitor, with proof of a return flight etc, to sort out affairs?

    Thank you for your assistance.

  5. #5
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    I think you could be on distinctly shaky ground. Having already just been in NZ for 23 months, you could find yourself turned back at the border if you tried to re-enter on the visa-waiver visitor basis. The border officials often take the attitude, 'You've already been here all this time, so you had your chance.'

    As ChrisMwn says (and he's an LIA), you should talk to your Case Officer and find out whether s/he can/will continue to process your work-visa application, knowing that you're fully intending to return.

    But I do think your position would be stronger if you were going to get back within the life of your present visa.

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