Complicated & desperate Situation

[veronicah]

Hi everyone,

Hope I can get some help and advise from you all while lawyer is working on but rarely update me much. We are currently under devastated situation which most likely my partner will deport from NZ.
It's a very complicated story, I will try to explain in simple way.
My partner got stuck with his work visa application - essential skills back to May this year. INZ questioned him with a PPI due to he got involved with breach Wage Protection Act of have been a party to this deceit in attempting to offer employment to an applicant for a premium. And also, INZ dig out he didn't declare careless driving (just bumped front of car with no people got hurt) which happened 10 years ago and he honestly forgot about it and never declare in his previous visa applies. INZ also concerned the position he applied doesn't match with what he actual do while Immigration investigator went to his work place.
We then had a formal lawyer replied to this PPI, but obviously, this lawyer was waste our time, money and only chance. INZ cannot satisfied with explanation been provided.

They made decision and given reasons as per below,
- You were issued a visa in New Zealand to work however have attempted to benefit financial gains through deceit in being a complicit with obtaining a premium under the Wages protection Act. This is a serious matter and by your own admission, you have been a party to this deceit in attempting to offer employment to an applicant for a premium.

- It is acknowledged that your Advisor has stated that the non-declaration of your driving offence conviction as minor and cannot be considered as false and misleading information. It is however considered withholding information. Section D of the application is quite clear that an applicant has to declare whether he had been convicted at any time of an offence, including any driving offence and the applicant had stated “No”.

- Taking into account the public interest, the seriousness of your actions clearly undermines the integrity of the immigration system and the duty of INZ to determine who may enter and remain in New Zealand.

INZ also said not accept explanation about his job position / description thing and then a deportation liability notice. And gave him such options,
1. Leave voluntarily with no prohibition period.
2. Rise an appeal within 42 days on humanitarian grounds. (very small chance to have this appeal success due to we don't have child or family here)

This formal lawyer then told us he have no clue what he can do next, ridicules!
The current lawyer told us my partner have no chance can stay because his character issues. And it will be very difficult for him to re-enter NZ again.

I'm a PR holder but not entitle to sponsor him under partnership category until early next year. We have long, stable, genuine relationship, and even planned to get married next year. This whole thing may ruin and apart us from each other.

I feel hopeless as I really don't want this 3 years relationship ends like this. But what can I do to keep him here? We are so remorse with this whole thing. And wish we can have a chance to correct but seems like no opportunity will be given. You guys probably unable to help much as well, but please feel free to give your opinions.

Really appreciated.

[Andy8713]

Sorry, i have seen so many ppl read but no comment.
I don't think that there is much you can do.
If I were you I would :
1. Let my partner be back to his/her country and then try apply another visa later...
2. I will leave NZ with my partner.

I'm very sorry but you have to be strong and reality is reality.
If you have a lot of money then you can try to hire a better lawyer but again chance is very low.

All the best

[JandM]

I'm so sorry for the situation you find yourself in.

The current lawyer told us my partner have no chance can stay because his character issues. And it will be very difficult for him to re-enter NZ again.

I think this is correct. For the sake of trying everything, in his place, I would put in the appeal on humanitarian grounds, on the basis of your relationship, and the contribution YOU are making to NZ society (work, of course, but any involvement you have in the community? volunteering?), but with no great hope. INZ enforce the regulations very firmly when there is a matter of lawbreaking.

[veronicah]

Sorry, i have seen so many ppl read but no comment.
I don't think that there is much you can do.
If I were you I would :
1. Let my partner be back to his/her country and then try apply another visa later...
2. I will leave NZ with my partner.

I'm very sorry but you have to be strong and reality is reality.
If you have a lot of money then you can try to hire a better lawyer but again chance is very low.

All the best

Thanks Andy for your suggestion. I can't go with him as I'm currently supporting my parents residency at the moment. I have to make my choice by stay here. That's the reason I wish there is a way I can have him here or maybe re-enter once he left. But will INZ accept especially he has this kind of "history"? INZ will concern his character issue and may decline his application again. Then it will be more difficult to get him back...

[veronicah]

I'm so sorry for the situation you find yourself in.


I think this is correct. For the sake of trying everything, in his place, I would put in the appeal on humanitarian grounds, on the basis of your relationship, and the contribution YOU are making to NZ society (work, of course, but any involvement you have in the community? volunteering?), but with no great hope. INZ enforce the regulations very firmly when there is a matter of lawbreaking.

Thanks JandM for your reply. Actually lawyer has same thought and he said I'm probably his only chance can come back or stay which seems lower chance at this stage. But I'm thinking can we request for Visa under Section 61? For our circumstances, we really don't have much can loss. If we can have a visa grant under S61, any type of Visa it may help, any thoughts? And what happen if we can have people write character support letters for him, eg. Lawyer, doctor, etc. Will it help? Because I'm not entitle to support him until early next year. How can we use our relationship for appeal? Thanks JandM

[JandM]

I don't think there's any chance under Section 61. Why would the Minister allow an exceptional application for someone his department is just proceeding against? - this option is more for people who have accidentally drifted into being visa-less, rather than have broken the law and got caught.

You can try with the reference letters, but I really don't think they're going to carry much weight, since obviously the lawyer, doctor, etc., would not have known what your partner was doing that was shady, and if they had done, that would have given them a different opinion. Likewise, if such people know why you're asking for a character reference, they may well not agree. I'm sorry that this must be painful for you to hear.

Like I said above, about the only thing going for an appeal is any good YOU have been doing, and that you are standing by your partner, despite discovering that he has broken the law.

[veronicah]

I don't think there's any chance under Section 61. Why would the Minister allow an exceptional application for someone his department is just proceeding against? - this option is more for people who have accidentally drifted into being visa-less, rather than have broken the law and got caught.

You can try with the reference letters, but I really don't think they're going to carry much weight, since obviously the lawyer, doctor, etc., would not have known what your partner was doing that was shady, and if they had done, that would have given them a different opinion. Likewise, if such people know why you're asking for a character reference, they may well not agree. I'm sorry that this must be painful for you to hear.

Like I said above, about the only thing going for an appeal is any good YOU have been doing, and that you are standing by your partner, despite discovering that he has broken the law.

Seems like appeal for partnership is the only chance we may have. Can't Minister or INZ reconsider and give another chance to people who like us if we really remorse and made correction?

[JandM]

That is what you're asking for by putting in the appeal.

[veronicah]

That is what you're asking for by putting in the appeal.

Thanks JandM. I just spoke to lawyer this morning. He said very minor chance that INZ will consider our relationship due to we don't have any child. So what other "defense" we may able to use on humanitarian grounds?
You probably is most specialist person I've seen at this forum. Sorry for being so annoying Gratefully appreciated your help.

[JandM]

So what other "defense" we may able to use on humanitarian grounds?

I don't think there is anything, apart from whatever good contribution you yourself may make to NZ life. And they're not going to think there's any defence for or good from your partner, with the recently discovered criminal action - any reconsideration would be as a kindness to you, a NZ PR.

I'm no specialist, just a member of the public who's read the regulations, and people's immigration stories. Believe that lawyer.