help with re entry into New Zealand after overstaying

[traybon]

Hi

My son has been dating a brazilian girl for about 7 months and she has lived with him in our home for the past 3 months.
We knew she had some visa issues but understood from her she simply had to leave the country and re enter to re activate her visa. In the meantime she was waiting on money from her parents to do this and to pay for her study.
Last tuesday it came to light that this was not in fact the case and she had actually already overstayed her visa and INZ are asking her for a departure date.
This has come as a huge shock to my son who is totally in love with girl, and she seems to adore him too.
As soon as my son found out about this they went to immigration lawyer who said that she must leave the country immediately before a deporation order is issued. Which she is going to do asap.
My question is what should he do next, he seems to think going to live with her Brazil is the only way to get her back to NZ.
I can see so many problems with that especially as he doesnt speak the language and also is 3/4 of the way through and apprenticeship. He plans to sell everything to go.
Before he makes any rash decisions and throws everything away, has anyone got any advice on any other way, is there anyway she could apply from her end?
The lawyer told them you cannot apply for any visa while you are an overstayer so appreciate she must go home.
I have never had any dealings with immigration and this is all so new to me, any insight will be truly appreciated as I am a really worried mum
cheers

[swearwolves]

Hmm... I don't know. Too many red flags with this girl. Do you trust her?

Also, what is your son's immigration status?

[JandM]

I'm so sorry for your worries.

The girl is not going to have a normal straightforward time (and for everybody, there is always a lot of paperwork and evidence to collect and be investigated) getting any visa in the future, having been an overstayer. Yes, as the lawyer says, it's better than if she waited to actually be deported, but whenever she applies, her past will be flagged in the INZ computer and there will be questions about her bona fide intentions. So if your son went to Brazil, he would need to be prepared for quite a long stay, with no certainty of the outcome. Would he be entitled to a visa to work there? Would he be able to support himself?

[ChrisMwn]

How long has she overstayed?

If they have been living together, even with you and there is good evidence of the relationship, there is the possibility of a "Section 61" Application, before she leaves NZ.

There is also a Brazil Working Holiday scheme on which she might return in the future, but would need to be seen as "Bona Fide"

PM (once you have done 5 posts) me if you want to explore the Section 61 option further.

[traybon]

How long has she overstayed?

If they have been living together, even with you and there is good evidence of the relationship, there is the possibility of a "Section 61" Application, before she leaves NZ.

There is also a Brazil Working Holiday scheme on which she might return in the future, but would need to be seen as "Bona Fide"

PM (once you have done 5 posts) me if you want to explore the Section 61 option further.

Hi
she has overstayed by a few months now. She really didnt understand the seriousness of it all until my son explained it all to her when they left the lawyer.
that does sound a little hopeful. although as she is 31 she doesnt qualify for the working holiday I think that is under 30. I am very interested in this other option, will keep positing

[traybon]

Hmm... I don't know. Too many red flags with this girl. Do you trust her?

Also, what is your son's immigration status?

My son is a kiwi (born here), I am permanent resident been here since 1971 and my husband (his dad) kiwi born too.
It is so sad that my son cannot live his life here with his choosen partner. I am really sad.

[traybon]

thanks for the help, I am so naive about this not something I have ever come across

[traybon]

I am intrested in this section 61 -- why would the lawyer not have mentioned that is it worth trying another lawyer and specially asking for chances on tht. What proof of living together do you need

[traybon]

Ihave 5 posts now how do I PM cheers

[squowse]

My son is a kiwi (born here), I am permanent resident been here since 1971 and my husband (his dad) kiwi born too.
It is so sad that my son cannot live his life here with his choosen partner. I am really sad.

It's no consolation to you but this is a lot more difficult in the UK - ie the ability to live in UK with a foreign partner.