PPI issued- 2021 Resident Visa

[mohhoo]

Hello Everyone,

To explain my situation in brief, back in 2019, I had to get my post-study work visa through a section 61 request due to my misunderstanding of the immigration policy. A brief timeline of the events were as follows:
Student visa expiry: 31st July 2019
Lodged an application for a section 61 request with assistance of a LIA: 9th August 2019.
Work visa under section 61 approved: 16th September 2019.

Just in case, If anyone wants to read up on the situation, a link to the detailed post:
https://www.enz.org/forum/showthread.php?t=55901

Fast forward to present, a mistake I made in the past is back to haunt me again. Last year I applied for an EOI under the SMC visa, soon after which INZ introduced the new 2021 resident visa and the applicants with an existing EOI were asked to apply under this new visa category.

The application for my 2021 resident visa was made on 27th February 2022. On 1st April 2022, INZ issued a PPI with the following concerns.
[We are currently not satisfied that you meet the 2021 Resident Visa requirement specified in S6.10. The information we hold shows that, on 29 September 2021, and when your application was lodged, you held a work visa under section 61. Prior to your work visa being granted under section 61, you were on a student visa with the visa expiry date of 30 July 2019. It appears that you did not hold an eligible visa as per Immigration Instructions S6.10.1 (a)(i) immediately prior to, and in the 6 months before being granted, the work visa under section 61.

Basically, under the list of eligible visas for 2021 RV, applicants with work visa under section 61 are only eligible if they hold any of the following visas 6 months before being granted the work visa under S61:
Post Study Work Visa, Talent (Accredited Employer) Work Visa, Essential Skills Work Visa, Religious Worker Work Visa, Talent (Arts, Culture, Sports) Work Visa, Long Term Skill Shortage List Work Visa, Silver Fern Practical Experience Work Visa, Trafficking Victim Work Visa, Migrant Exploitation Protection Work Visa, Skilled Migrant Category Job Search Work Visa, Victims of Family Violence Work Visa, South Island Contribution Work Visa

Unfortunately for me I held a student visa prior to this which is not on the list. I have however, held a work visa since September 2019. Had I applied in time, I would be on a PSW and would be eligible but because I had to request my PSW through S61, I’m, not. My LIA advised me that this clause was incorporated to ensure that the applicant meets the objectives of the category which is he/she should be working in a scarce role. I have been in NZ for over 6 years now and have been working in an engineering role for the past 2.5 years which does make me eligible under the objectives of the 2021 Resident visas.

It’s unfortunate that despite of me meeting all the objectives of the 2021 Resident visa, INZ won’t approve my application only because of a delay of nine days in applying for an eligible visa.

If my application gets rejected which I’m pretty sure it will, is it worth appealing the decision through tribunal.

Any advise will be greatly appreciated. Sorry for the long post but it was necessary to explain the situation in detail.

[Kelerei]

From what you have posted, and from information that you have posted in your previous thread, you indeed do not meet S6.10.1(a) and INZ must therefore decline your application. There is no discretion to INZ to do otherwise.

This forum cannot offer you advise as to the best course of action that you should take (including advise pertaining to the Immigration and Protection Tribunal beyond what is publicly available on their website). If you are seeking advise, you should instead consult with your LIA.

[mohhoo]

Hi Kelerei,

Thanks for your reply.
I agree that there is no discretion for INZ to do otherwise.
What I meant by advise was, considering the circumstances, is my case legitimate enough(from an outsider's perspective) to appeal to the tribunal.

I have spoken to my LIA who has advised that the best course would be to appeal to tribunal as INZ is unlikely to make changes to their guidelines or provide an exception.
The Tribunal however can consider the special circumstances and can make exceptions to the instructions.

Moreover, I have no choice as applications for SMC hasnt resumed yet and nobody has any idea of the potential changes.

[JandM]

I think your LIA is right. Sympathies.

[Kelerei]

For what it's worth, this story eventually had a happy outcome (some dates in the Tribunal's decision don't quite match up, but the circumstances are very similar to this thread and the previous one).

https://forms.justice.govt.nz/search...515_206893.pdf