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Thread: Visiting New Zealand while waiting for SMC application

  1. #1
    Join Date
    Jul 2019
    Location
    South Africa
    Posts
    2

    Default Visiting New Zealand while waiting for SMC application

    Good day all,

    First time poster here.

    First of all, thank you for all that post regularly on the channel as the info helps a lot with having to wait on an decision.

    We submitted our Offshore ITA 16 July 2019, so we know that it will be a while before our file will be evaluated.

    My question is, if we have submitted our application for residency, can we apply for a visitor visa in the meantime to explore the country over the December holidays? We made a call to apply for residency in NZ on research done, but would like to see and explore the country before making the move.

    Will Immigration decline such an application knowing we applied for residency?

    Warmest regards and wishing you well in your journey.

    And yes I know I am doing it the wrong way around
    Last edited by Kiki123; 27th August 2019 at 07:42 AM. Reason: Additional Infor

  2. #2
    Join Date
    Feb 2019
    Location
    New Zealand (ex: South Africa)
    Posts
    1,201

    Default

    INZ can decline any application for a temporary visa if they consider you not to be a "bona fide applicant" (see everything under E5 in the ops manual).

    Unfortunately, your pending application for a Resident Visa will have an adverse impact on the bona fide requirement for a Visitor Visa, and there's plenty of evidence on this forum to this effect. Keep in mind that, for a Visitor Visa, one needs to demonstrate to INZ that one genuinely intends a temporary stay in NZ for a "lawful purpose" (these are defined in V2.1.1 for a Visitor Visa), and for a Visitor Visa anyway, these are in direct conflict with your long-term intention to reside in NZ indefinitely. Again from evidence in this forum, INZ are likely to consider you as having a higher than normal risk of remaining in NZ unlawfully or breaching the conditions of your Visitor Visa purely by having a pending Resident Visa application, and this may well be enough for them to decline your Visitor Visa application.

    It's not impossible for you to overcome this presumption, but it will take a lot more work (and provision of supporting evidence) on your part.

    As to your next probable question, "what supporting evidence should I provide?", I can answer this from personal experience. My mother in Durban, South Africa is planning to visit us over the Christmas/New Year period, and I got the LIA who assisted us with our Resident Visa application to assist with her Visitor Visa application, as I was expecting the bona fide rules to be applied more strictly in her case (in theory, she would be a greater overstay risk with us as Resident Visa holders). So, in terms of supporting documentation, we put together the following:

    • A municipal bill, to show that she continues to own property -- to show incentive to return.
    • Her marriage certificate, to show incentive to return to my father (he has Alzheimers and, sadly for us, is not travelling due to medical advise).
    • A cover letter from her employer stating the dates that she will be on leave, and the date that she is returning to work -- also, to show incentive to return.
    • A certified copy of my own passport and Resident Visa that our LIA already had on file (since she's staying with us).
    • The standard proof of sufficient funds during her stay, and proof of pre-purchased travel out of NZ at the end of her stay.


    Not only did INZ grant her Visitor Visa in under a week (!!), but they also put very generous conditions on it: valid for 3 years, with no more than 3 months stay at a time.

    This should show you that it is possible to overcome the presumption that you may not be a bona fide applicant, and you can use my personal experience as a starting point in terms of supporting documentation to provide to INZ -- though, I would expect that you would have greater presumption to overcome.
    Last edited by Kelerei; 27th August 2019 at 10:14 AM. Reason: Added my own personal experience on this.

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

    Default

    Kiki123, I think, on the basis of what has happened to others, that it is very unlikely that you will be granted visitors' visas while you have a residence application in. As Kelerei says, there is greater presumption to overcome. It LOOKS as though it could be an attempt to short-circuit or get round waiting out the processing of your case.

  4. #4
    Join Date
    Dec 2018
    Location
    Spain
    Posts
    7

    Default

    Hi Kiki123,

    I have an ongoing SMC visa made from overseas, CO is currently processing it. I just visited NZ for 2 weeks, zero problems and no questions asked by customs at the airport. Just ensure you have proof to show you are on holidays visiting the country, like hotel reservation and return flights. I had them just in case.

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