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Thread: Section 61- Post-Study Work Visa

  1. #1
    Join Date
    Aug 2019
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    New Zealand
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    Default Section 61- Post-Study Work Visa

    Hello everyone,

    Its my first time posting here!!
    Just explaining my situation in brief:
    My student visa expired on 30th July 2019 but I was under the mistakenly belief that I would be able to apply for a post-study work visa within three months of my program completion (as the immigration policy notes that I should apply for a work visa within 3 months after my student visa expiration). However, I had started gathering the required documents( PCC and medicals) a month in advance. There were delays from my education provider in providing me a completion certificate for my studies which came through on 31st July- a day after my student visa expired. The situation became apparent to me when I tried applying for a visa using online services on 2nd August and it didn't go through. Upon calling the immigration helpline, I was advised to either leave the country or apply for a section 61 visa.
    I lodged an application under section 61 on 9th July 2019 with the assistance of a LIA and haven't heard back from immigration since then.

    I have been on a student visa program for three years now(a B.Engtech degree). Have never overstayed my previous visas and have also studied a course which is in high demand in New Zealand. I didn't intentionally breach my conditions. It only happened because of unexpected delays and my genuine misunderstanding regarding immigration policy

    I know decisions under section 61 are of absolute discretion but based on my explanation so far, what do you guys think are my chances for approval? Any advice would be greatly appreciated.

    Thanks

  2. #2
    Join Date
    Feb 2008
    Posts
    37,809

    Default

    As a Section 61 application is a matter for the minister's discretion, nobody can give you any certain answer on this. But what bad luck, to put a foot wrong just at the last minute... Certainly, you're describing a model course of action up to that point. Good luck.

  3. #3
    Join Date
    Aug 2019
    Location
    New Zealand
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    Default

    Hi JandM,
    Thanks for your prompt reply.

    Bad luck, Ikr!! Just a series of unfortunate events and my misunderstanding led to this. I guess I'll just have to wait.

    Just one last question tho. If my request is unsuccessful and I happen to leave New Zealand voluntarily after the 42 day period, will my passport be stamped for overstaying?
    Will I face trouble re-applying from outside New Zealand, provided that I try my level best to explain my reasons for overstay?

    Kind Regards.

  4. #4
    Join Date
    Feb 2008
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    Default

    You are getting ahead of yourself. There's no need to jump to the worst-case scenario yet. You have to wait out the process and see what happens.

    See here. https://www.immigration.govt.nz/new-...r-visa-expires Basically, about the idea of not leaving before the 42-day period of being told you must is up, the answer is, DON'T. Then you would be formally deported, which would make you subject to a period of prohibition before you could re-enter New Zealand. https://www.immigration.govt.nz/opsmanual/#41458.htm This could also cause questions to be raised over every future visa application you ever make, for other countries as well, because they ask if you have ever been deported from or probited from entry to any country.

  5. #5
    Join Date
    Aug 2019
    Location
    New Zealand
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    Default

    Thanks for the reassurance and the resources J&M.

    Wait I am confused. My 42 day period is nearing (9th September). So if INZ doesn't give an outcome till then, my safest bet would be to voluntarily depart before the 42 day period and re-apply again from my country? Or should I wait for my outcome regardless of how many days it takes and then based on the decision act accordingly?
    Last edited by mohhoo; 28th August 2019 at 10:53 PM.

  6. #6
    Join Date
    Nov 2017
    Location
    New Zealand
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    217

    Default

    Quote Originally Posted by mohhoo View Post
    Thanks for the reassurance and the resources J&M.

    Wait I am confused. My 42 day period is nearing (9th September). So if INZ doesn't give an outcome till then, my safest bet would be to voluntarily depart before the 42 day period and re-apply again from my country? Or should I wait for my outcome regardless of how many days it takes and then based on the decision act accordingly?
    My understanding is you need to leave before 42 days.
    The immigration site here states, 'may not be able to come back to New Zealand again if you are here without a visa for 42 days or longer.'

  7. #7
    Join Date
    Aug 2019
    Location
    New Zealand
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    Default

    That's what I thought too. Will probably contact the INZ helpline and ask them about my best option.

    Thanks for your help.

  8. #8
    Join Date
    Feb 2008
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    See on the first link under Section 61, If we refuse your request. There, it says that *in that case* (that is, if refused), you must leave the country immediately. So while they are considering your Section 61 request, the 42 days are on hold - they would apply if you hadn't put in the request, but meanwhile, you are "safe".

  9. #9
    Join Date
    Aug 2019
    Location
    New Zealand
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    Default

    Excellent. Thanks for the support JandM.
    Will keep everyone updated

  10. #10
    Join Date
    Feb 2008
    Posts
    37,809

    Default

    By all means, check with INZ to reassure your mind.

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