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Thread: Possible visa rejection

  1. #1
    Join Date
    Jan 2018
    Location
    United States
    Posts
    10

    Default Possible visa rejection

    I am on talent work visa currently which expires in Feb 21. I applied for residency after 24 months. My application was considered as incomplete due to expired pcc.As it happened during level 2 lockdown, I was not able to get a new pcc for a month. In the meantime my other pcc expired. I have applied for the second pcc which is still pending. My dependents' visa will expire next week. I applied to extend our visas . I got an email from immigration saying I don't have a pending residency application for my visa application citing wr1.10.1 immigration rule. I have not received any notification about dependents visa. What are my options at this point? In case my application is rejected, can I apply again after I file my residency application. Will it influence my future application? How can I reply to the email?
    Thanks
    CP

  2. #2
    Join Date
    Feb 2019
    Location
    New Zealand (ex: South Africa)
    Posts
    1,206

    Default

    This sounds like you failed to meet the mandatory lodgement requirements for a Resident Visa (R2.40, specifically R2.40(e)(viii) in your case), and therefore you indeed do not have an application in progress for the Talent (Accredited Employer) Resident Visa (under R2.25, you have not made an application). Hence, any application for a subsequent Talent (Accredited Employer) Work Visa must be declined under WR1.10.1 (specifically, you do not meet WR1.10.1(b)), until such point as you are able to meet the mandatory lodgement requirements for the Talent (Accredited Employer) Resident Visa, and lodge this application. It certainly sounds as if INZ intends to decline your application for a subsequent Talent (Accredited Employer) Work Visa under WR1.10.1, and given how WR1.10.1 is worded, you are unlikely to be able to salvage this application for a subsequent Talent (Accredited Employer) Work Visa. If you intend to try to salvage your application for a subsequent Talent (Accredited Employer) Work Visa, you should seek the services of a LIA.

    Once you have lodged your application for a Talent (Accredited Employer) Resident Visa, you will likely meet the requirements of WR1.10.1(b).

    Temporary entry class visas for dependents are linked to, and depend on, your current temporary class entry visa, so this will not affect that process. Keep in mind however that these visas will expire on the same date of your current temporary entry class visa.
    Last edited by Kelerei; 26th August 2020 at 08:23 AM.

  3. #3
    Join Date
    Jan 2018
    Location
    United States
    Posts
    10

    Default

    Thank you for you help.
    Will this affect my future visa applications once my residency application is lodged assuming this one will be rejected

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