New Zealand is always keen on welcoming migrants who have skills, qualifications or experience that are highly in demand in the country. Those who meet the criteria may be able to apply for a skilled migrant visa. Still, qualifying for a visa under the skilled migrant category does not grant you any special rights. Same as every other visa holder, you will need to abide by the conditions detailed for your visa.
Requests Under Section 61
If you are still living in NZ with an expired skilled migrant visa
, you are staying unlawfully. The same goes for those who have breached their visa conditions or committed a crime. Not only will this deprive you of your rights as a citizen, but it will inevitably lead to your deportation. However, Immigration will not deport you right away without serving you first with a deportation order, so this gives you a little more time to resolve the situation. One valid solution is to request a visa under the Section 61 of the Immigration Act.
Section 61 allows people who are liable for deportation to be granted a new visa provided that they supply valid reasons to contest their liability for deportation, supporting documents, and other pieces of evidence that can help. However, those planning on taking this route should know that only requests that have been made before being served with a deportation order will be considered.
Approval of Requests
It’s important to remember that a Section 61 request is not guaranteed that you will receive a new visa. The case officer that will go through your request is not obligated to consider a request or provide a reason for not considering them. In fact, New Zealand Immigration has a zero tolerance policy on these applications, even for skilled migrant visa holders. The decision of whether to accept or deny a request is in the officer’s absolute discretion. If Immigration does consider your request, the officer does not have to follow a strict timeframe.
Reasons for Denied Applications
With this approval system in place, there is a fairly large chance of getting denied. Mistakes in writing or missing documents are among the most common grounds for denying an application. Normally, the documents will be sent back to you for you to supply what was missing, but by the time you do that, your visa might already be expired. Since the case officer is not required to disclose why your request was denied in the first place, the least you can do is make sure that you accomplish all the paperwork with help from an immigration adviser like those at Auckland South Immigration Consultants.
WARNING! Immigration Branches take Zero tolerance policy on section 61 applications, Immigration Centre
Skilled Migrant Category, New Zealand Now