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18th February 2019, 08:23 PM
#1
Urgent Help for SMC of Friend Application
Posting on behalf,
My friend has already signed up for the forum but he was unable to start a new thread, not sure why?
He has applied for SMC onshore, he has been in NZ since 2013 and studied two courses level 6 and 7. he has been allocated to a CO and asked to submit full IRD since here arrived in NZ but the problem is he worked more than 20 hours for 3 months for 3 different employers which is equal to 40 hours
when he was on student visa, now he was asked for full IRD by CO, is this going to be a negative impact on his application? He has been offered job search visa, post study work visa and two types of essential skills visas since he has been in NZ, could you please advise what needs to be done now?
Does his current essential skills visa cancelled due to this ? Though he is working for a global company ?
If this negatively impact on application for residency, is there anything we could do about it ? Character waiver or something similar to it to get his residency approved ?
Could you please advise him, he is able to read the posts but cannot creat a thread or reply to posts?
Please help
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18th February 2019, 09:59 PM
#2
Can either of the LIAs shed any light on how this man's history might be viewed by INZ, please?
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18th February 2019, 10:10 PM
#3
Thanks JandM for the quick response
Can you please share your thoughts and any experiences about this type of situations ?
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18th February 2019, 10:52 PM
#4
this is quite difficult situation and your friend needs an immigration adviser as there is an involvement of law violation by him. Immigration officers are very professionals and any lie will ruin his entire career. I do not think anyone on this forum who does not have licence can suggest u anything.
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18th February 2019, 11:24 PM
#5
Ivish, the only knowledge I have comes from reading INZ regulations online, and whatever people post here on the threads about their own situations.
Having broken the rules of any previous visa is - obviously - not good. But A5.25.1 https://www.immigration.govt.nz/opsmanual/#35058.htm does instruct a CO to consider all the surrounding circumstances. That page is about people who have been instructed to apply for a character waiver, and your friend is not at that point yet. The first essential is that he has to face up to admitting to INZ frankly that he broke the rules. If he has any excuse to give, he can do so, bearing in mind that ignorance of the rules is NOT accepted as an excuse - if he took the three jobs, then realized after the three months that that was illegal in terms of his visa, and so resigned, it's a step in the right direction, but he still did wrong, and can only apologize and grovel. If he has a good record since then (which all the successive visas suggest), it is to be hoped that will count in his favour.
So when he supplies the IRD records required, he has to admit his fault, then wait to see how the CO will react.
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19th February 2019, 10:32 AM
#6
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