Made redundant with a pending application for residency

[jstonley]

I'm asking on behalf of a friend. So a friend of mine has lived in NZ 10 years on various work visas whilst she gained qualifications, skills and experience. She finally had enough points after relocating outside of Auckland for a job. She applied for Residency about 18 months ago ago but due to covid it took forever. Whilst waiting for a decision she was made redundant and now her application is invalid. Is there any way to lobby the minister for immigration? She has worked here 10 years, had a good job paying $60k plus and paid taxes all this time. She is just in an unfortunate situation and short of studying again or seeing a new job she will have to return home after being here 10 years. Do you think the minister for immigration might consider her case as unique? Or do you think that there are many others like her? She had her application lodged long before covid. What advice would you give to her?

[Kelerei]

Short of anecdotal evidence, this forum cannot provide immigration advice. Unless EGoodhue (a licensed immigration advisor) replies to this thread, the only advice that we can give is to seek professional advice.

[larrykiwi]

If her SMC application is declined because she no longer has 160 points, she may appeal to the Immigration & Protection Tribunal on special circumstances. Depending on her nexus to New Zealand and if she has any special skills, IPT may direct the Minister to grant Residence. However, her situation may not be unique in times of pandemic. https://www.justice.govt.nz/tribunal...ake-an-appeal/

[Kelerei]

... IPT may direct the Minister to grant Residence

Not quite. The Tribunal has no power to direct the Minister of Immigration to perform any action; the Tribunal may only, if the decision of INZ is confirmed to be correct in terms of the residence instructions applicable at the time the visa application was made, recommend that (if special circumstances exist) the special circumstances of the applicant are such as to warrant consideration by the Minister as an exception to those instructions (pursuant to Section 188(1)(f) of the Immigration Act 2009). While the Minister must consider whether a residence class visa should be granted to the appellant as an exception to residence instructions, the Minister is not obliged to grant a residence class visa, is not obliged to give reasons in relation to any decision made as the result of such consideration, and neither Section 27 of the Immigration Act 2009 nor Section 23 of the Official Information Act 1982 applies in respect of any such decision.

The only times where the Tribunal may direct the Minister or an immigration officer to grant a residence class visa is if the Tribunal reverses an incorrect decision pursuant to Section 188(1)(b), or notes that the original decision was correct on the basis of information provided to INZ but reverses that decision on the basis of any information properly made available to the Tribunal that reveals that the grant of the visa would have been correct in terms of the applicable residence instructions, pursuant to Section 188(1)(c). Appeals are rarely determined in such manners (between 2010 and 2020, only 15 appeals have been determined under Section 188(1)(b) and no appeal has ever been determined under Section 188(1)(c)): the Tribunal must be satisfied that the appellant would, but for that incorrect assessment, have been entitled in terms of those instructions to be granted the visa in order to make such a determination, and the Tribunal is usually unable to be satisfied thus based on the evidence presented to it (and in such cases, the Tribunal will return the visa application to INZ for a correct assessment pursuant to Section 188(1)(e)).

[JandM]

It has happened in the past that if an applicant who has lost their job has a chance of another job or jobs meeting the requirements - networking, interviews coming up, etc. - INZ will hold off from cancelling the application for a while to give her/him a chance to follow up the opportunities.

[DownSouth]

There are several things that are not clear, such as has the application already been declined? And how long ago was she made redundant? What visa is she currently on? All of these things will affect the options available to her. Unfortunately, she is in a very difficult situation, and given what is at stake, she should get some professional advice. On the face of it, if she is still here and currently unemployed without any real 'special circumstances', she is likely to have to return home in the near future.