What to do if you’re going to be deported

“Help, I’m going to be deported! I have to leave the country tomorrow!”

We often hear a variation of this theme down the phone line. Someone calls up because Immigration Officers have turned up at their doorstep, they have been taken into custody, they have had a visa declined, or they get a letter from Immigration New Zealand telling them that they have to leave New Zealand. Any number of things can happen that trigger deportation liability, so no two situations are ever completely the same. We have seen a very noticeable increase in the number of people coming to us who are threatened with deportation – why is this the case?

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Keeping it Clear: Speaking the New Zealand Language

Immigration New Zealand has recently posted some new articles on their website which are dedicated to “Keeping it Clear”, tips for those assisting migrants and students when providing information to an audience that is new to New Zealand. The articles point out that many newcomers to New Zealand are English speakers but the fastest growing groups come from countries that are not. The articles note that Kiwi English is often different to the English that newcomers know.

The Immigration New Zealand articles encourages speakers of Kiwi English to “get to the point”, to “use short sentences”, “use short words”, “reduce redundancies”, “stay consistent”, “junk the jargon”, “avoid contractions” and avoid “too much negativity”. Interesting advice!
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Talent Work Visas: A Route to Residence in New Zealand

Not Skilled Employment

‘L’ came to us nearly three years ago. He and his partner were from the UK and he had employment in a major freight company, as a specialist equipment driver and trainer. ‘L’ had UK qualifications and experience and his employers were keen to assist him to proceed to residence.
Unfortunately, his job would not be recognised by Immigration NZ (INZ) as skilled.
We were able to work with the employers, to assist them to obtain Employer Accreditation with INZ and to then apply for a Talent visa for ‘L’. He has now completed the mandatory two year employment on his Talent visa and is applying for residence.

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“Immigration flagged as big issue.” No! Seriously?

This quote was the headline of a New Zealand Herald article about the Government’s reaction to recent claims that immigration was a major driver of the house price spiral; that it was the reason why unemployment is on the rise; and so on, and so on.  It is almost inescapable that immigration will be one of the biggest battlefields upon which the next Election will be fought.  On the one hand, cool and calm “business as usual” but masking some determined avoidance of underlying issues (National).  On the other, hysteria and xenophobia (Labour and NZ First).

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The Case of the Health Care Assistant

Another life on hold!
We’ve just interviewed another ex-student whose work visa application has run into trouble. She graduated from a local private training institute with a level 7 qualification in Health Care Management. She obtained an offer of employment as a Care Assistant with a reputable and well known retirement village in Auckland.

Unfortunately INZ was not advised that she has hopes of completing her nursing training and in due course, moving through into management roles.

She lodged an application for a post study work visa but her application was declined because in the opinion of the case officer, “The major subject of your qualification is Management with a Healthcare focus … your job … is not a management position”. Her qualification transcript identifies that ‘management’ was not ‘the major subject’

However, her lawyer sought a reconsideration of the decision and his letter comprises three pages of suggestions and persuasion, but does not dispute the INZ assumption, provided no facts and no supporting documentation. In my opinion, the lawyer has provided nothing new which could justify a different decision.

We have requested that INZ cease action on the request until we have had time to prepare submissions, and hopefully, the damage done is able to be overcome.

Another life on hold [with some risk of deportation] because people assumed that obtaining a work visa is simple and did not realise that INZ can only decide applications on the facts and how they are presented to them.

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Epidemic of the Old and Lonely?

A recent article in the NZ Herald highlights the situation of parents who are sponsored to come to New Zealand by their NZ Resident children, only to be abandoned when those children move on to another country.  The article quotes figures to indicate that people from China make up a significant proportion of those who are affected.  One gets the image of ageing mothers and fathers sitting in rest homes, unable to talk to anyone because they are too old to learn English, with nothing to go back to in China because they packed up to come here.  And the One Child Policy means that if their New Zealand child sponsored them, they have no other children to call upon to help them. Continue reading

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Chinese Fugitives in New Zealand – RNZ Interview with Bill Milnes

Is Bill Liu, the Chinese multi-millionaire, a criminal? Why was his citizenship granted by politicians against the advice of the Dep’t of Internal Affairs?

In response to an article in the NZ Herald last week, Radio NZ asked us for comment on the matter. We sent Bill Milnes to have a chat with Jim Mora about the China extradition treaty. You can listen to the podcast here.

In brief, Bill’s response, which has received very supportive comments from other immigration specialists, is:

  • The immigration and DIA processes are adequate and consistent, except when politicians and big $s compromise the ability of government officials to do their jobs.
  • Government seems to have the focus of grabbing every short-term dollar it can, just so it can ‘balance the books’ at any cost.
  • The situation is seen daily in the rip-off of the international student market
  • We are not told why Mr Liu is one of China’s most wanted, other than the allegation that he stole millions when he was in charge of a pharmaceutical company.
  • What apparently is clear, is that he has been a strong supporter over many years of the Falun Gong movement. This is the organisation which the Chinese government has banned and is ‘determined to defeat’.

*Please note Bill’s comments and views do not necessarily represent those of Laurent Law.

 

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