Visa-Free Overstayers

There is a list of (mainly Western) countries, the citizens of which may travel to NZ without needing to apply for a visa. Sometimes, the visa of someone from a visa-free country expires and the person becomes an overstayer.

If they leave NZ voluntarily, the airport automatically issues an Alert stating that the person has previously overstayed and they should not be allowed in without
their referral to nearest visa officer to get a visa or to cancel the alert.  In the future if they try to return then they could face the major inconvenience and humiliation of either not being allowed on their flight at all, or – even worse – being “turned around” when they arrive at Auckland Airport.  Hardly an attractive prospect if you have flown 30 hours from the UK!

Anyone from a visa-free country who has stayed in NZ without a visa needs to actually apply for a visa to come in again, even if it is only for a visit.  There is always a risk that the application will be declined because Immigration treats you as not being a “bona fide temporary entrant”.  Still, that is better than paying a significant airfare and being turned away at the border.

If you can show that you have strong ties back home, such as a job to go back to, partner and children, or that you own valuable property which you are unlikely to leave behind, then it may not be too difficult to get a visa issued.  We have helped a number of people in such situations either get their visa approved or to get the border Alert neutralised.

Immigration NZ has been issuing letters to overstayers which set out their options – including being deported and having to pay the Government back for the cost of being thrown out.  Some of us in the industry have raised the concern that these letters are deceptive, because they suggest to people that if they leave under their own steam, then they can apply to come back as if nothing had happened.  This has been done to encourage overstayers to get out without Immigration having to hunt them down.

The news is that overstaying is a significant issue for Government officials.  If you don’t have a very good explanation of why it happened, or something else to catch their attention to make them sympathetic, then it is more likely that any application for a new visa will be declined despite the fact that you have “done the right thing” and left on your own.  Even couples who are clearly in a strong and committed relationship face being unable to resume their lives together in New Zealand, simply because one of them forgot to keep their visas up to date.  In some cases it may be better to stay on here and fight for a visa – but I do stress that this may only work for some people.

So, if you are an overstayer and thinking of getting things sorted out, get professional advice on your options.  A wrong choice could be very expensive and may in fact worsen what is already a difficult situation.

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About Simon Laurent, Lawyer

Principal of LaurentLaw Barristers & Solicitors. NZ immigration law specialist.
This entry was posted in Immigration Problems, Immigration Visas and tagged , , , , , , , . Bookmark the permalink.

219 Responses to Visa-Free Overstayers

  1. Pingback: The Boys from Brazil Sneaking into NZ | Laurent Law Blog

  2. Miss Lee says:

    really want to know if someone overstay in NZ for more than 10 years, but he does pay all the tax the levies at all time, he works in the construction industry as a self employee. do you think he has any chance to apply a legal visa such as work visa. your professional answers are very important, and your prompt reply of advice is much appreciated. more important, if you can take this case and confident with this case, please email back, thanks a lot!

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    • I’ve just seen this comment today. It is unlikely that someone in the situation you describe could get a visa to stay here unless there are very strong reasons why he should do so, which are not related to his ability to work. This would usually be something personal, such as him having a wife and children here who are NZ Citizens. Even that may not be enough.
      I suggest that this person should call us for an appointment to talk about his whole situation and the reasons why he ended up as an overstayer in the first place. We might be able to find something in his background which we could use to help him.

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  3. Tupou says:

    I had my son here in nz on student visa about 7 years ago but as his passport was about to be expired I sent him back home to fiji one way. He is now in 3rd year high school and we have applied for him to come over on a visitors visa with intention to apply for permanent when he is here. But application was declined – bona fide!!
    How long does an overstay have to be away from the country he overstayed till he is cleared to reapply? Is there any other way to get him to nz. I have been living in nz for about 10 years and 4 of those as nz resident.

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  4. Auntonia says:

    What about if my mother she a new Zealand citizens by descent, can I apply under her??? Or can I apply under ther climate change, cos my island Is a flat country and not enough water for drink , lack of education etc..Please really need your help…

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    • You cannot be sponsored for Residence by your mother if you are an adult. The Adult Child Policy was cancelled in 2012. There is no direct route to Residence because of the risk of climate change in your country. In order to get a proper answer to that question you should seek professional advice.

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  5. auntonia says:

    Oh thanks for your respond, and I wonder why it’s declined? ? I was apply under my mother on 2012 and still declined! !! Any reason? ??and also there are some of my people same case with me and they apply under climate change and they approve ,, any reason??

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    • I cannot answer your question because I have no information. You should call our office for an appointment to look at the documents and circumstances of your case, and I will not discuss it further in a public forum.

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  6. karam says:

    i was overstay in nz for 4 months after my student visa expired. i left voluntairly handing myself to immigration n paying for my ticket.there is no stamp of deportation on my passport. now i want to go to canada for study visa .will canada know my previous visa status in nz

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    • It is unlikely that Canada would automatically know that you overstayed your NZ visa. However, if there is a question in the Canada visa application about whether you have breached the conditions of any visa, or if you have remained unlawfully/illegally in any country, you should declare that you overstayed in NZ. If you do not, the consequences could be far worse than simply declaring it and explaining the circumstances.

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  7. Elizabeth says:

    I’m am a new Zealand seeking help for my partner who has overstayed in nz for 4 years . we have have been together and live together for those 4 years I am currently pregnant with our first child I really need advice on what visa he \ we should apply ? for us to be togetherto be together as a family . desperate for help any advice would be much appreciated.

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    • On the information provided we would not be prepared to give advice on your partner’s best solution. You should call our office for an appointment in order to get a proper understanding of your circumstances before we could make any recommendations.

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    • kkristalk says:

      Hi im in the same situation as u are but our section 61 was declined few days ago…im needing help too…im due in september 10th 2017 and my partner may be liable for deportation..our laywer has asked for compliance up to wen our baby is born….hope we get that approved i cant live life without my partner

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  8. Shell says:

    I departed volunteer after being there for two years without valid visa, now when I am applying a new visa it keeps declining because of previous breach of visa and that I am not bona fide applicant, do I have to wait for 5 years from the time I left nz , before I can get a visa for nz???? Please advice as I can’t get this answer anywhere.

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    • You are not banned from NZ for 5 years. You are able to apply for other visas, The problem may be that you have not provided enough evidence to prove that you will not overstay again. We are often able to get people visas to return to NZ, but it depends on the circumstances of each case. On the information you have provided we cannot say if you could be successful in any future application.

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      • Shell says:

        So what is the best possiable outcome? I did provide enough evidence that I won’t be overstaying again but it felled on dumb ears. Even though m not banned is it possible to get successful outcome after 5 years

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      • We cannot answer your questions with so little information. You should contact our office directly for an appointment if you want advice about your specific case.

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  9. Katherine says:

    i came here with a limited visa for 2 months.as a partner of a kiwi. unfortunately i found out that my by friend is mentally troubled. so i left their house and stay to ky friend two weeks after i met a guy whom i am staying now and we have relationship.my visa is still valid bit he want me to stay. longer. what can we do or apply a partnership visa?please give us info thanks

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  10. Bryan says:

    Hello! Would it be a problem to overstay a tourist visa with one week?

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  11. victor says:

    I have overstayed in NZ for 10 months due to my spouse visa was rejected. I left nz voluntarily with no stamps on passport. I logged in to my account on immigration nz website and there is no mention of overstay. It just shows all my previous visas. Now i want to apply for Australian student visa. Is there any chance that if i dont declare my overstay in NZ, they will not be able to find it? i also got australian tourist visa 4 years back but didnt visit there. (it was long before my overstay)

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    • They certainly will find it! Under the “Five Eyes” agreement Australia, NZ and other countries share information about foreign nationals who apply to come to their countries. If you try to conceal your immigration history, then the harm that this could do may be much greater than simply declaring it and dealing with it.

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  12. fernanda says:

    i am from chile and I´ve been in New Zealand for 3 years having work permit. I met my partner in New Zealand a year an a half ago( he is a new Zealander). I applied for a partnership visa but immigration declined it. after they decline it we still want to fight for it so we applied for section 61 but they also decline it. so i overstay in nz for like a week or so. but just because i was sort it out things. it is impossible to left the country from one day to another. now because of it i am in chile , but because our love is huge he came to live with me here in chile. nobody will separate us , not even immigration. the thing is that we want to go back to nz but because i overstay i might have heaps of problem when i want to apply for a partnership visa again . i have to send my application to Washington DC. is that anything that u can recommend us to do in our application ? how can we still have the chance to be in nz again. we have everything they ask, but just the fact that i overstay , maybe my visa will be decline it again. can u please tell me what is the best thing to do? is that any special document i can send to immigration? thank you very much for your help.

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    • If you overstayed for only a short time, and you have very good evidence that you have been living together, then your visa application may be approved. You need to put together a lot of evidence to show that you have lived together both in NZ and in Chile. You also need to explain why you overstayed and what you tried to do about your situation back then.
      We may be able to help you. If you want to get our help then please email our office – DO NOT reply on the blog page. We can then find out more about your case, and give you a quote for our fees to work with you on your new application.

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  13. Lawrence Soon says:

    If my visitor visa expired for half year and i wish to continue to stay in nz for study is it possible to secure a valid student visa?

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    • It is possible but it will be difficult. You must give a very good reason why you allowed your visa to expire without renewing it. If you do not have a strong reason why this happened, then you will probably have to leave New Zealand to apply for a further Student Visa.
      In order to try for a visa whi8le you are still in New Zealand, you should get professional help. You can call our office to arrange a time to meet and discuss your situation.

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    • Selvin says:

      Having overstayed in newzealand and now wanting to apply nz family visa for Aussie . Is there chances for us to reunite in Aussie

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  14. Taranaivini Lala says:

    My daughter is a new Zealand citizen but her husband is not.He was there for student visa he didn’t follow up with itThe had a son together.He was sent back to Fiji because of a speeding ticket and of his overstay it’s been 3 years now the haven’t stayed together so as their son they still in Fiji because my daughter has to work.How can she get him back. Her son is a nz citizen.

    Like

    • We cannot answer your question because we need to know more about how your daughter’s husband left New Zealand. She may be able to sponsor him, but on the information provided we cannot say whether that is possible. Please contact our office to arrange an appointment to discuss this in more detail. We will not answer more questions about this through this blog chat. Thank you.

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  15. Russ says:

    Hi how much do you charge per hour for an appointment to discuss a situation? Thanks

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  16. Mark says:

    Hi!
    I am kiwi and my girlfriend just left NZ 2 months ago and she overstayed at least 5 years in NZ. Do you think if I go to her country and get married there this could be enough evidence to try to apply for a visa to her return to NZ? We just lived together for 2 months and we don’t have any evidence we were living together such as bank account here. Do you think 5 years overstayed it is too much time for immigration release a new visa to her even if we get married in her country? Thanks a lot!

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    • Just getting married will not make much difference to helping her to come back. Immigration is interested in how much time you have lived together, and what evidence you have of this. If you don’t have much evidence of the time you have spent together so far, then we recommend that you go over to live with her for at least 4 months before you apply for a visa for her to come back with you.

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  17. shivani says:

    I’m an overstayed in nz but I have returned back to my country. I want to apply for a visa to go back to nz because my parents are there. The immigration officer gave a depotation letter stating I can come after 2 years now it is almost 3 years I have applied for a nz visa 2 times and it was declined. I need help really want to be with my parents in nz. Please help me.

    Like

    • We may be able to help, although it will be difficult because you have been declined twice already. You should contact our office directly (rather than online) in order to give us information so that we can work out the best way for you to apply.

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    • Selvin says:

      Hi shivani m in same situation it’s really hard, already spent quite a bit on lawyers but nothing good came out. How long u overstayed.

      Like

  18. Merushka Govender says:

    Hi Ive been staying in New Zealand for 8 years. 4 years I stayed with my mother. And over 4 years I’ve been in a stable relationship with my partner who is a current NZ resident. I was just wondering if I have been an overstayer is their any way to stay back here or would I be forced to leave the country? I was unaware about my current status as my mother always said some sort of excuse to not talk about it & the past years spending all her money in lawyers trying to obtain a resident visa. I had been involved in an incident while In high school which jeopartised my education where some one else was at fault and I the victim. My current partner is willing to support me in any way possible & also intends to marry me soon if allowed. I have just recently turned 21 & have the normal dreams every girl would have but till now only sorrow and fear of my future as was hoping other wise. I want to pursue my education and live a normal live like everybody else here in New Zealand as I now consider this my home. Please advice me on my rights and what I need to do to achieve a residency or even get married to the person I wana spend my life here with. Would highly appreciate your help in this.
    Thank you,
    Merushka Govender

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  19. thuytran says:

    I’m citizen Vietnam and my partner ie Maori NZ man ,2014 me to go to NZ my Visa Limited when us come to nz and know me pregnant 3-4 weeks Then my partner violent me and me miscarried when 5-6 weeks and my partner still violent me Then me fled my partner ,Also me stil love him so go back meet him and him ring police when me over stay nz one months.I go back Vietnam ,Now, I want go back nz ahead of time deported 2 years.I contact Immigration in nz and Immigration tell to me that me give more evidence in favor of my visa and they also can not guarantee that my visa

    And me show Immigration NZ what my partner and my partner boyfriend tell to me that they will not stupid ring the police If my partner beating me.

    How can I go back NZ by visa study or anything visa.Can you help me

    Like

    • From the information you have given us, it is very unlikely that you can get a visa to come back to New Zealand. If you can prove that you have enough money to support yourself then you might be able to come back to study, but you should wait until your 2 year ban has ended before you apply.

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  20. Alwina says:

    If one is to obtain a visitors visa after overstaying, some what years ago, could you change it or apply for working permit once in New Zealand. ?

    Like

    • On the very small amount of information you have provided, we can say that you may be able to apply for a Work Visa, but we can say nothing at all about whether there is any chance of success in getting the visa approved.

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  21. Mariana Al says:

    I overstayed my visa while traveling around NZ two years ago, I stayed one more month than my tourist visa allowed without thinking on the consequences, last year I decided to spend my summer in NZ but unfortunately I wasn’t allow in the flight because my overstayed, I spoke on the phone with a migration agent who explained me my situation. I accepted my mistake and faced the consequences. I don’t know if I could fix my situation, I want to travel to Australia this year and I’ve been told New Zealand and Australia share border data. I am afraid that they reject my visa solicitude. I hold a Mexican passport.

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  22. April says:

    My partner arrived in New Zealand on a visitor’s visa in December 2015. We made a decision to stay together and live as a couple in NZ. In March 2016 we applied for a work visa partnership which was declined by INZ on 27/04/16 stating of a bona fide issue and that our relationship is not stable or genuine. We have now been living together for 4.5 months, both in our 40’s. She is still married but has yet to apply for her divorce in japan.
    We applied for an extension of her now expired visitor’s visa on 29/04/16. We want to know if we stand a chance, if not, what’s the next step.
    I have my children and work here in NZ, I cannot leave them but at the same time I cant be without my partner. We need help as the prospect of being without my partner and children are causing us great distress. We are both healthy and hard working with clear criminal convictions, and no previous immigration issues. She is a permanent resident of Japan.

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  23. Star says:

    Hi, I am about to get married to my long term partner and voluntarily leave NZ (which after 11 years IS my home) but have overstayed for 4 years. I’m so scared that ill walk over that border and it’ll be the biggest mistake I ever made coz i’ll never get back in and I have 10 days. Ive been to some of the best imm lawyers around and they said “we could take your money and tell you yeah sure we can help you, but we just can’t do anything for you”….I guess I just wana know realistically the chances are of going to Fiji and applying for a Partnership residence visa once im there? If I leave voluntarily I wont get a ban but I cant see them jumping at me coming back…I do also have immediate family here 🙂

    Like

    • It is possible that you could get a visa to come back if you leave voluntarily first. We have done this successfully before for other clients who have overstayed for longer. You should first apply for a Partner Work Visa, and not Residence straight away.

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      • Star says:

        Oh really? I thought that if I didn’t submit both that I would not get the work visa due to my threat of being an overstay risk? What are my chances of entering Fiji with a border alert on my passport? Also, my partner and I have been sloppy with paperwork in the way that we only have a few utility bills from our homes together, (dating back to 2013 though) for one reason or another. We have photos etc but no joint bank/tenancy agreements. We just didn’t forsee this 4 years ago

        Like

      • We will not provide any more detailed advice on a public site. If you wish to take this matter further then please contact us directly.

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  24. Preet kaur says:

    I was studying at school in year 13 and got severe depression because of some personal reasons which lead to weak in studies bad health and was getting worse so doctors thought that it will be better for me to go back and live in a family environment. I went back but am totally fine now and i have completed my school as well in my home country. Will i be able to get visa again? I even have my perscription and all details of my health.

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  25. Adnan Rana says:

    Hi, I just want to take your feedback, me and my wife applied SMC residency which was approved oct-2014, after that we separated/divorced. I was principal applicant i stamped visa and came in NZ. I also informed to INZ about my circumstances has been changed. My wife didnot stamped visa on her passport. Now after sixteen months, she wants to stamp visa and wants to come NZ. She is a medical doctor by profession. Can she stamp visa on her passport as she have a approved resident visa.?

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    • She can get a Resident Visa when she arrives. However, if she does not stay in New Zealand for most of the time after that, she may lose her Residence later. This is because she needs to maintain current Travel Conditions on her Resident Visa. As she has been out of New Zealand for 16 of the last 24 months, this means that she could end up with very restrictive Travel Conditions in future.

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  26. maya says:

    hi. i wanted to ask help from u guys i am pregnant but i am an overstayer but my partner is a newzealand citizen and where planing to get married this August. is there any possibility that i can appeal to immigration for my deportation? thank you.

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  27. deepak says:

    hi, a overstayer can register marriage with nz citizen, i mean, can internal affair nz check my status and report me??

    Like

    • As far as we know, Immigration New Zealand and Internal Affairs do not have an automatic information sharing system in place. It is unlikely that Internal Affairs would decide to contact INZ just because you have registered your marriage. Furthermore, it is unlikely in most situations that merely getting married would be a concern for Immigration. However, if you believe that getting married could harm your immigration status, then you should get professional advice about what you should do next.

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  28. patricia says:

    hi is it okay for a overstayer to give birth in nz hospitals?does immigration have direct contact to hospitals?

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    • If an overstayer has a baby in a NZ hospital then they will face a bill of perhaps NZ$20,000 for the medical services. For this reason, it is likely that the hospital would alert Immigration if someone came in to have a baby and they were not eligible for public healthcare.

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  29. Rebecca Laurent says:

    My partner applied to Re-new his visa which was a relationship visa with myself. We had that visa declined based on the grounds the person dealing with it decided she didn’t believe we where in a commited, stable relationship. We have been together for 2 years…the biggest problem for her was that my partner had to return to Spain for a period of time as his mother was not well. The biggest problem here is that it took so long for immigration make there decision and then refuse, my partners current visa expired. So therefore we could not apply for a different type of visa….my partner left 3 days after we received the letter of decline. Has he been deported? Can we apply for a work visa from Spain? And because his visa expired before he left NZ would he be able to get another visa? We desperately want to be together. I have made an appointment with an immigration lawyer, and I written a letter of complaint to NZ immigration also. Some advice would be so great! We are very sad about our current situation…

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    • On the information you have provided, your partner has not been deported. However, we cannot provide further advice without more information.
      You should call for an appointment with our office to follow this up, if you are not happy with the advice you receive from the other immigration adviser you have arranged to see.

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  30. kim says:

    hi i just wanna ask ifhiw many months you shoudbe marriedvefire apealing to immigration to have a valid visa? mamy friend is a overstayer she is now 3mos pregnant and they just get marriedlast july 22. do you think she can appeal as soon as possible or does she need more time to appeal? thank u

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    • If there is a future child involved then there may be a good chance of getting a visa. Whatever the situation is, she should apply to get back on a visa without delay. The longer she delays, the more difficult it will be to get a visa.

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      • kim says:

        even they just got married last july 22? and the baby is 3 months old? do you reckoned that she have to apply for a visa now?

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      • Without more information we will not advise further on this in public. If they want proper assistance then they should contact us for an appointment.

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      • gordon says:

        hi is there any chances of a expired limited visa to appeal in the immigration for deportation is she is married to me. i am a newzealand citizen and my wife now is 3 mos pregnant? is there any possibility that they will hmgive her a visa even she is a overstayer?

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      • They may give her a visa if you can prove that you are both parents of the expected child. However, it is much harder because she is on a Limited Visa. It will be easier for her to leave NZ and apply to come back based on your relationship. She should get professional help to make such an application, as she has already clearly broken the conditions of her last visa.

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  31. Andy Wang says:

    Hi there.
    I was overstay for 4 years since 2011-2015. I got married with my girl friend on January 2015 . We been together from 2012 . So she helped to renew working visa under 61 . But INZ was declined with out reasons . They sended to me a letter to tell me have to leave NZ . And i did that . Im at my home town at the moment . We have many picture , power bill , internet bill from that time to make evindent . She had a litle boy 5 years old . ( she was single mum of that time we live together ) we being like father and son . She went back with me of that time and have to come back to nz because we have small business . Do you think can i have a change to come back NZ ? I need you help !!! Please .

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    • On the information you have provided, we cannot say whether you have a good chance or not. For instance, we do not know why you became an overstayer.
      You should tell your wife to contact our office in order to start a process for you to apply for a visa.

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  32. brett says:

    my wife is a overstayer buti want her to give birth here in NZ i marry her for the reason that we will be having a child soon. i wanther to have baby here in NZ id the INZ wants her to go home she can but she cant travel I guess during the period if 6mos. cause it will be very dangerous for her and baby. i want to know our chances of her gettinga visa? do she really need to go home?

    Like

    • Your wife may be able to get a visa if she is having your baby, but she may have limited chances of success depending on the situation. For example, it depends on why she became an overstayer.
      She should get professional help to decide on her options or to apply for a visa.

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      • brett says:

        my wife became a overstayer because her sponsor to come here innz is to visit her ex partner they where the one who sponsor her bit unfortunately she found out 2 weeks later that her ex partner is mentally troubled then she run away to her partner but they didn’t gove her the return ticket so she wasn’t able to come back and a friend of her convince her to overstay cause she will help her they have the same nationality thats the wofe of her expartners father. and then we met and develip relationship and jow becomes a husband and wife and soon to be parent of the on the way baby. is that a very little chance for her to get a visa? she’s willing to go home is just that i want the baby to be born here

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      • We will not give further specific advice online. You must contact our office privately in order to pursue this further.

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  33. robert says:

    is a limited visa holder overtayed for a uear can possibly get back to new zealand if she will return voluntarily? she’s married to a newzealand reaident and she is pregnant but she will go home to her country of origin because she seek for a lawyer and they said she don’t have any chances that she can appeal to immigration for the reason that her visa was a limited visa

    Like

    • Her position is very difficult because she had a Limited Visa, and she has now overstayed for a long time. She has a better chance of her application being approved if she leaves New Zealand to apply.

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      • michael says:

        hi my wife is 7 mos pregnant and shes a overstayer. but no airlines wants her to travel cause they said it’s very risky i am a kiwi citizen can she avail hospital delivery and after she gave birth she will go home and make her papers to her country of origin? cause she cant apply for an appeal cause she have a limitted visa

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      • It is correct that airlines won’t take someone who is at that stage of pregnancy. She may have to stay to have the baby here, but she will then owe a debt to the DHB of something like $10,000, and Immigration could refuse to consider a visa for her until that is fully paid. That is, she could very well be deported after having the baby, and have to pay the debt before she has any chance of getting a visa to return.

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      • michael says:

        i am an newzealand citizen and where married won’t we take any consideration for her delivery? will they find out her giving birth? should i call immigration and let them know that shes willing to go home but airlines don’t want her to hop in the plane? and is my baby if born here will be nz citizen?

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      • You must talk to the DHB about the costs of maternity services. Your baby will be a NZ Citizen when he or she is born, but this does not automatically mean that your wife can stay. Your wife should get professional representation before considering an approach to Immigration.
        We will not answer any more questions on this matter online and in public.

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  34. Dawn says:

    Hi there, In June 2015, I lodged a work visa in NZ before my working holiday visa expired. I found out a couple of weeks later that this visa had failed to lodge as there was information missing from the application. As I struggled over the next couple of weeks with my employers to obtain this information, my employment situation broke down and I decided to leave NZ to go back to the UK. I kept in contact with immigration during this period but ended up overstaying by 46 days whilst trying to sort this situation out. ( I also had to wait a little bit later for a flight I could afford as I was unable to work during the application process and was short of funds) Immigration advised me that everything would be fine as I had already booked my flight home. I left NZ with no issues but when I tried to return on a holiday visa in June 2016 I was refused boarding at Singapore airport due to my overstay, immigration stated that I was no longer entitled to the visa free waiver and should have applied for a holiday visa before leaving the UK. I am now hoping to apply for a partnership work visa as my partner is still in NZ and is sponsored through work. We have been together over a year and lived together for 3 months but have evidence of daily conversations, mail we have sent each other, letters from family, joint bank account etc… My partner also visited me last month for 5 weeks… Will my overstay affect this visa application? Would I be seen as a bona fide applicant? Is this application likely to be declined? Any information would be great. (We are both UK residents).

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    • Whether Immigration sees you as a bona fide applicant may depend on the strength of the evidence you have supplied with the Partnership application to prove how long you lived together, and to prove that you have been in touch since you left including your partner’s visit.
      Of you want proper advice on how to reduce the chances of your application being declined then you should make direct contact with our office rather than continue to make enquiries online.

      Like

  35. Shardae says:

    Hi there my partner has been deported from nz for 5years as we applied for a partnership visa but they declined it we then appealed it but they still declined because i wasnt an eligible person as my ex partner got residency and left me . I am a nz citizen and we also have a child together. I really need him back her as i need his help financially and emotionally as my mum is very sick . Is there anyway i can get him back here or even get the time reduced ?? Please help

    Like

    • On the information you have provided we cannot tell if your partner can come back. We would need to get a copy of his Immigration file to see his history, and then advise on what you can do. Please contact our office for an appointment.

      Like

  36. Vijay says:

    Sir! I have overstayed in Nz for almost 50 days
    After my expiration of student visa I was in a dieloma to apply for my work visa but I didn’t apply I went through the medical test and finally didn’t apply for my work visa now and I volunteerly left Nz, now am planning to go Canada for my education will I be facing any issues, what is the possible thing that I can do to rectify my mistake
    Kindly help me to get an positive answer sir
    Thank you

    Like

  37. Lisa says:

    Hi I’m a student but I can’t continue my study because my visa has expired . I’ve been over stayed for 7 years & really want to study please reply wha should I do .

    Like

    • On the information you have provided, you will not get another visa unless you first leave New Zealand and apply to come back. However, if you have stayed unlawfully in New Zealand for so long, and without an extremely strong excuse for overstaying, it is unlikely you will ever be able to get a visa to come back.

      Like

  38. ra says:

    Hi. My indian partner and i are going to lodge a partnership visa in a couple of weeks. We me aug 2015 and become bf and gf in oct, we moved in together oct-feb 2016. His student visa expired end of oct and he applied but it came back incomplete. he wanted to apply for section 61?? ithink thats what its called, any way we ended up applying for partnership but then he terminated the file in feb 2016 as we had to much tention with him no money, no job, no car no nothing and his family paid for his ticket then he left.He never completed his course due to no funds to get to auckland from tauranga ,no transport either. He is still in India and has been since feb 2016. He had been overstaying since his visa expired so around 4 months. How likely is it for us to gt a partnership visa as we have everything else to show we were in a stable relationship (apart from when he left we both decided it was best he leaves so he wasnt overstaying and he couldwork for his dad in india to save money to come back and support himself comfortably) we have everything else. Im just looking for advise please thank you

    Like

    • As you have not been together for about 6 months, and as he was an overstayer for some time before he left, any application will be difficult, It may not be impossible, but you will have a better chance if you go to live with him for several months in India before you apply. He probably needs professional help with any future application. Any further declined applications could make it extremely unlikely that he could ever come back.

      Like

  39. Jujhar Singh says:

    hey friend of mine had overstayed in NZ for 5 years. He is in a very bad situation right now. He lost his passport last year. his visa expired like 5 years ago. What happens if he goes to the airport with the ticket to fly back home ?

    Like

    • He will be unable to leave as the airline will not let him on board without a passport. He must get a new travel document from his Embassy or Consulate.

      Like

      • alvin says:

        hi. i just wanna inquire about my wife’s situation she overstay her visa 1 year now and we got married 2 mos. ago. and now shes 6 mos pregnant. do u think we will have a chance if we appeal to INZ? thanks in advance

        Like

  40. Nita says:

    Hi,
    I’m trying to go and visit my grandchildren in NZ , I have 18 grandkids and 4 biological kids that are permanent resident and my adopted parents are in their 80s so as my biological mother is a citizen of New Zealand. I overstayed for 5yrs since my last visa was legalized, I was under a lawyer trying to legalized my status. I could not take it any longer so I left on my own last year and now I’m trying to get my husband here to the States. Can I go back just to see my family for only 2-3days. I cant stay too long due to my job here in the States. Please let me know what steps I need to go through in order to visit my family. Please let me know if they need to sponsor me, most of my immediate family lived there. Please help!

    Like

    • Presumably you are a US citizen. You should apply for a Visitor’s Visa and offer to accept a Limited Visa for the express purpose of visiting your family for a short time. Owing to your immigration history, you should get professional help to apply, and whoever helps you should get a copy of your Immigration records to see if there are any Border Alerts against your name. If you wish to discuss this further then contact our office directly, and do not ask further questions about this online.

      Like

  41. cristian gilchrist says:

    hi.
    i stay in nz for like five and a half years (2007-2012) i arrived with a working holiday visa and overstay for like four years. i leave the country, pay t fligth ticket. and now almost after 5 years i will want to know if i apply for a work permit working in dairy farms, they will consider it or i will lost my time. because nz is a very nice country to live in. aniway regards.

    Like

    • Any such application will be difficult. You need to show Immigration good reasons why you overstayed. If there was no good excuse for you overstaying last time, then your chances of getting another visa are probably quite limited. Apart from that, it is impossible to say whether you would be wasting your time or not without more specific information. If you want to explore this further then email our office directly rather than asking more questions online.

      Like

      • simon says:

        my wife is 5 months pregnant. where married butwe just live together for 3 months she over stayed her visa for a year now. and were trying to appeal to immigration. is there any chances of her to stay legaly?

        Like

      • If there is a baby involved then this will increase her chances of getting a visa. However, we strongly recommend that she should get professional help to apply for the visa. For instance, it is necessary to explain carefully to Immigration why she overstayed in the first place.

        Like

  42. Eve says:

    Hi, I am NZ resident. My baby 7 months old was born out of NZ and is here on visitor visas. I just applied for baby’s visitors visas to be extended. Does my baby have to leave NZ after visitors visas expire before we get a result from NZ immigration? Thank you.

    Like

    • If you applied for the Visitor’s Visa before the current one expires, then your baby will get an Interim Visa after the visa expires. The Interim Visa lasts for a maximum of 6 months, or until a decision is made on the new Visitor’s Visa application. This means that your baby can stay in NZ until the visa application is decided.

      Like

  43. jasss says:

    I been in NZ since 2010. I have overstayed since beginning 2015 till now . I have been in a relationship since October 2015 my wife and I are expecting a baby in November. My wife is a NZ citizen and is now not fit to work for awhile as she is having our baby. I am looking to lodge a work visa application to provide for my family. I never lodged my application during my overstay period .well i do have some reason why i became overstay .long story in a short i am looking to apply for work visa based on partnership .Do I have a chance to get a visa ?
    Thanks.

    Like

  44. jasss says:

    I been in NZ since 2010. I have overstayed since beginning 2015 till now . I have been in a relationship since October 2015 my wife and I are expecting a baby in November. My wife is a NZ citizen and is now not fit to work for awhile as she is having our baby. I am looking to lodge a work visa application to provide for my family. I never lodged my application during my overstay period .well i do have some reason why i became overstay .long story in a short i am looking to apply for visa based on partnership. Do I have a chance for a visa?

    Like

    • Yes, you do have a chance to get a visa, especially as you are going to have a child together here. However, you will probably need professional help to prepare such an application to maximise your chances of success, as you must explain why you have not sorted out your visa status until now.

      Like

  45. Teresa says:

    My nephew will be deported to Samoa. He has a wife and children of nz origin he also has a record what can we do to keep him here

    Like

  46. Musa Muodza says:

    One of my classmates come from Korea years ago and he sadly has to leave New Zealand due to his Parents working Visa’s expiring. They were shocked when the notice from New Zealand officials said their Visa’s had expired. They were never informed about the Visa’s expiring. Now they have only a two weeks to sell their house and belongs and move back to Korea. Is there any way his family could get new Visa’s and stay in New Zealand or do they have no chance.

    Please reply ASAP if possible.

    thank you

    Like

    • It was the parents’ own responsibility to know when their visas expired, as these are printed on their passports and they may also have received letters from Immigration which told them when the visas expired.
      They can try to ask for new visas under section 61 Immigration Act 2009, but they must show very good reasons why they must get visas when they are overstayers, rather than simply leave New Zealand and apply for visas again from overseas.

      Like

  47. Lola says:

    My mother is an overstayer for almost three years now, she came to NZ to visit me first as a visit visa holder,later on she gained a work visa as she was working on a small business, the special grant for the work visa was only for three months, NZI declined when she applied her work visa renew application three months after. I am her only child and she find herself difficult to separate from her granddaughter. The past three years I had problems with my husband and my mother was the one who looked after my daughter who is now just turned four. I’d like to fight to get a visa for my mother to stay as all we want to do is to live together as a family and i want her to be close to me. My mother has officially retired in China and she is single, she only have me and she just want to be close to her only daughter and her grandchild. If it is difficult to gain a visa while she is in NZ, is there any chance she can apply a visa with success if she choose to leave NZ soon voluntarily?

    Like

    • She will have a better chance of getting a visa if she leave New Zealand first. We cannot say whether she would ever get another visa, though. It would be necessary for you to put a very compelling case to Immigration as to why you need her to be able to come back. She will really need professional help to put such an application together.

      Like

  48. Tama says:

    I am a New Zealand citizen. I was born and raised in Christchurch. My wife is from the United States. She’s a musician who really loves our country. She has been frequenting open mics and playing music in the community and has made great friends in the process. The mistake I made was accepting payment for a couple of her gigs. I thought because this was paid to me and I pay taxes that this would be OK. We’ve also gone to support many local acts at least once a week.

    My wife has been here since May on a visitor visa. We applied for a partnership work visa and this wasn’t processed in time as we had to apply for a new passport in Auckland which arrived after the due date. We then had to apply for a work visa through the section 61 process and were denied twice. We were called into a meeting with immigration where they’ve said there is nothing that can be done and she has to leave voluntarily in 2 weeks or face deportation and a ban from NZ. They also advised if she played music at all that she would be detained and face immediate deportation.

    She has been approved for a visa waiver for Australia. Our immigration compliance officer said she can apply for a partnership work visa from there.

    Would you be able to give us any advice on this?

    Thank you for your time.

    Like

  49. Ali says:

    I m two days ouerstay in nz ane in relation with nz partner she is 4 months pregnant with me can i b deported plz advice

    Like

    • You can be deported after you have overstayed for 42 days. In the meantime, you may be successful if you apply for a visa under section 61 of the Immigration Act. however, you should act quickly in order to sort out your situation.

      Like

  50. Katie says:

    I overstayed my working holiday visa by one year,after my first year me and my partner applied for a partnership visa but got rejected and was advised tryed section 61 I was giving advice to sit it out and wait for a positive result having already gone over my deportation letter days to leave,we didn’t get it so because I was already over it by a few day I decided to go with it,so about a year later sumbody reported me and I got a tip off so left my house,officers came but I’d left and went to friends,I rang them
    A day later stating I’d booked my flight and wanted to leave voluntary on my own accord.iv since moved and stated this when I applied for my oz visa but my best friend is getting married there next winter and wondering am I banned for entry for the wedding /holiday and how long could I be?i never got a stamp when I left the airport

    Like

    • We are not licensed to provide advice on Australian immigration. You must locate and contact an Australian immigration lawyer or agent.

      Like

      • Katie says:

        Well I’m living in austraila now under a working holiday visa and declared I over stayed in New Zealand,how long am
        I banned from New Zealand after over staying a year?would like to return for a holiday and in 2 years apply for another visa there?i was reported as a overstayer but left on my own accord and got no stamp

        Like

  51. Mr.samoa says:

    I need help please, my partner is on a 3 yr working vis and im an ovetstayer and pregnant

    Like

    • It is not clear whether we can help or not. However, you should call our office for an appointment so that we can discuss this. We deal with these situations often, and it may be that your circumstances justify them giving you a visa.

      Like

  52. Francis says:

    Hi my interim visa just expired today so I’m illegal but I will leave now asap.. I’m just waiting for some money to be sent to me from home to book my flight. I even emailed NZ immigration to ask for a 14 day Pardon. I tried and did everything by the book for my work Permit but my boss wasn’t too familier with the system so it was a fail. Will I get black listed or deported when I leave?

    Like

    • So long as you leave NZ within 42 days of the expiry of your Interim Visa you will not be treated as having been deported. If you apply for a visa again, Immigration may raise a concern about the time that you were here unlawfully, but that should not be a major issue for them if you leave voluntarily and without too much delay.

      Like

  53. javed says:

    hey there ! i have a freind he came here as a student completed level 5 in computer science was doing level 7 in computer science and quit studies because of kidney stoned and other reason now he is been overstayed for like 7 months yet .He is in a relationship from past 9 months with his partner (gay ralationship) is there anthing he should do as they wanna stay together thanks

    Like

  54. Mani says:

    Me and my husband legally married in New Zealand in July 2016 and then moved to India in August 2016 together and living together since then.

    Problem is my partner overstayed in New Zealand for one and a half year. We never lived together in New Zealand but we know each other from 2014 because my parents were against our relationship.

    What are the chance of getting my husband visa and we come back together

    Like

    • If you have lived together for 5 – 6 months then you may have some chance to get a Partnership Visa for your partner. However, Immigration in India is extremely difficult to deal with. Your partner’s choice to overstay for so long means that the chances of getting a visa approved now are a lot lower than they would have been otherwise.
      If your partner wishes to apply for a visa then we strongly recommend that they use a professional adviser to assist them with what will be a difficult case.

      Like

      • Mani says:

        What about partnership resident visa, if we stay for 1 year in India and then apply from here??

        Like

      • Yes, this could be a way to avoid the questions about genuine intent which always come up with a temporary visa application. However, you must be able to give very strong document evidence of the whole time you have lived together in India, and you must also show that you have made firm plans to return to NZ when the Residence is approved.

        Like

      • Mani says:

        What your advise on , we still need adviser or lawyer , if I stay for one year in India or we can apply by ourself ??

        Like

      • For a more difficult case like yours, you should engage a lawyer rather than a licensed adviser. Many of the licensed advisers do not have enough experience of this sort of situation to help you properly. Some of them are very good, also, but you need to know which ones they are.

        Like

  55. S Jewel says:

    Hi
    I’m a student studying level 7 on IT. My visa got decline for low attendance and I after that my immigration advisor request a visa on under 61 but they again declined that. My course only 2 months left to finish.
    What should I do now? could I request again? Please suggest me.

    Like

    • If your attendance was poor, and you have already been declined a Section 61 visa, you should go home and apply to come back to study again. Your chances of getting a visa while you remain in NZ are probably zero.

      Like

      • S Jewel says:

        Dear sir,
        I finished my IT level 7 and got a job offer on IT field. So if I go back to my country and want to come back again on work visa, how’s the chance to get visa. please advise me.
        Thank you

        Like

      • Your question is not clear so that it is not possible to answer you. If you want full advice on your chances then you should seek a formal consultation from our firm.

        Like

  56. Ahuja says:

    I m living overstay in newzealnd from last 1 month but now I want to back to mine country I jus wanna know should.I will face any problem at airport while.going back

    Like

  57. Rangi says:

    I’m writing to ask about my friend he has been unlawful in new Zealand from almost 6 going on 7 years . He has a new Zealand partner who is a citizen . They have a 1 year old daughter who he is on their child’s birth certificate. They are such a beautiful family . I would hate there family to be split up . My question is would he be able to apply for any visa whether it’s a working visa or even residencey .?? I know 6 years have been a long time . Everyday they suffer because they have no idea what can happen to their family . I want to help them as much as I can . They have been together for 5 years and also lived together for 5 years . His partner works full time to support both and their baby . They currently don’t have their own house as unforseen circumstances. He has applied for section 61 after his student visa expired and since then has tried twice for section 61 but was declined . He also applied for a extension on his student visa but also they declined that as well . There is alot more to this story . Any advice that you can give would be much appreciated. Thanks

    Like

    • As he and his partner have a child, there may be some chance to get a section 61 visa if it is handled properly. We may be able to help, but we would also need to see his file records as to how the previous section 61 requests were prepared (and perhaps why they failed). He should contact our office to get professional help.

      Like

  58. Bella says:

    Hi my interim visa has expired after my visa was denied and so I’m unlawful since Feb 17. Will I be issued with deportation liability notice if I’m set to leave by March 17. I’m scared to ask my CO because she went defensive on me when I noticed that she didn’t follow the rule of my interim visa. I felt like she’s threatening me that she will email compliance that I’m unlawful and I’m aware of it since February 17. I just need to settle things before I leave.

    Like

    • Immigration cannot legally take any action against you for 42 days after your last visa expired. Therefore you can stay until 17 March without risk.

      Like

      • Bella says:

        Thank you for your assurance. You were such a great help for someone like me. Thank you for taking time to lend a free advice for people who desperately need help.

        Like

  59. Mikey says:

    Can I go back to my country while waiting for the decision of my section 61 appeal.

    Like

    • If you leave the country then your section 61 request will be cancelled as it is for people who are in New Zealand. If you want to go back home then it is probably better for you to apply for a visa from there, as you are likely to have a greater chance of getting the visa approved in the normal way.

      Like

  60. Wolly says:

    My employer took taxes on me for 3 months when he asked me to start working while waiting for my work visa application. I was on a visitor when I came. He said it’s okay for me to start working and they have been doing it for a long time. He didn’t give me holiday pay too. So when my visa was declined my employer decided to request for a section 61 without asking me so I became an overstayer for less than 40 days and continued working for them. Unfortunately the request has been declined. Do I have any rights to complain them. I felt that I’ve been used although I have fault as well due to my ignorance and trust in them.

    Like

    • You have supplied insufficient information in order to work out whether you can take any action against the employer. In order to take such a serious matter further, you should engage professional assistance in a formal way.

      Like

  61. Chris says:

    My partner has just submitted a residency application, through our continued relationship. We provided evidence of our cohabitation going back as far as August 2014, shared bills, bank account statements and social media conversations. As far as we’re aware, as we’ve previously had two partnership visas approved, INZ should have no trouble confirming the veracity of our partnership. However, as she was only granted a 2 month working visa following the last temporary visa application she submitted, this has left us very little time to figure out what to do next. On her current visa, she has until the end of April to depart New Zealand. As her residency application will most likely take significantly longer what do you suggest we do in the meantime to ensure that she can remain in New Zealand as either a temporary worker or visitor. Which visa does not concern us – what is important to us is that we can remain together in New Zealand during the application process.

    Like

    • Partnership Visas are usually granted for a maximum total of 2 years. This is probably why she has only got a 2-month visa this time. You could apply for a further visa as an “exception to Instructions” on the basis that she has applied for Residence. If you want help with this, please contact our office directly – do not reply via this blog.

      Like

  62. ms says:

    hi, after my work visa refused by INZ, i applied for new study visa under sec 61 two times and then apply same under ministry but all the time it got decline. when it declined last time in march 2015, INZ send me email stating that if i will not contact INZ or leave nz in 10 days, they will without notice.. serve me with deportation order and take in custody and deporte mw.

    in august 2016, i leave nz voluntarily , i worried, did they served me with deportation order (5 year ban) or not. i never got any D.O. on my registered email. and i dont know, they post me DO as i was moved to other address that time..

    Like

  63. ms says:

    hi, after my work visa refused by INZ, i applied for new study visa under sec 61 two times and then apply same under ministry but all the time it got decline. when it declined last time in march 2015, INZ send me email stating that if i will not contact INZ or leave nz in 10 days, they will without notice.. serve me with deportation order and take in custody and deporte mw.

    in august 2016, i leave nz voluntarily , i worried, did they served me with deportation order (5 year ban) or not. i never got any D.O. on my registered email. and i dont know, they post me DO as i was moved to other address that time..

    Like

    • One way to find out is to request a copy of your electronic file with Immigration and look at what notes and Alerts have been recorded against your name. If you want us to investigate this for you then please contact us by email, and not through the blog Comment system. We will charge a fee to assist you.

      Like

      • Ms says:

        Yes, I do have Deportation orders against me issued by inz…

        I have no citizen living with me in India from last 10 months, you think any chance of getting visa, if we apply or they will not allow me for 5 years ban??

        Like

  64. Tins says:

    Hi there! My visa got declined feb 14 because inz was not satisfied with the labour market test done by my employer. I sought advice to the MP and they help and handled my case,unfortunately when we’re trying to apply for reconsideration section61 my employer withdrew their support and the dynamics to stay lawful in nz has changed. March 15 I left the country and has informed the immigration compliance about it and I attached the booking confirmation.
    Now im planning to apply for a student visa, will I be able to come back again in nz?

    Like

  65. harry bache says:

    Hi,

    i am inquiring as i had a working holiday visa for NZ back in 2010 of which i overstayed for 8 months, this was over 5 years ago now and am currently living and working in Australia.. looking to travel back to NZ for a short holiday with my partner, will i need to apply for a visa or will my British passport suffice (different to the passport i previously arrived on in NZ) as i have seen now British Citizens need not apply for a visa anymore, i have booked return travel and have sufficient funds for my stay for 5 days, will i have a problem if i chance it without paying for a visa ?

    Any help appreciated

    Like

  66. Ms says:

    Birth certificate
    Is it compulsory to give date of birth certificate, when applying for resident visa nz??

    Like

  67. Stanley says:

    Hi I was busy applying for residency (Doing the Expression Of Interest) then it got declined so I rung the immigration to see what other options were. So they entered my details and found out that my work visa had expired 10 days ago, so they advised me to apply for “Request For A Visa” explaining why I didn’t apply for a temporary visa/why I overstayed. They also told me to attach my work visa/Employer Supplementary forms plus all the supporting documents to it. So I did and posted them. I have been living in NZ for the last 6 years, I studied here and my work is the result of my studies. Are their chances of my circumstance to be considered and get a renewal work visa? Thank you

    Like

  68. Johnne says:

    Hi, I just want to share our situation today and hopefully, you can give us some advice on what’s the next step we’re going to take with my partner. I am the principal applicant of our applied partnership visa, I am now granted a 2yr working visa (employer assisted) but my partner was declined. It is just this Monday when we received a letter coming from immigration that the said application was declined because of insufficient proof that we have a stable and genuine partnership. Her visa is expired as well as her interim, she overstayed now in NZ for 3days. We are planning to re-appeal but is it possible that she can apply for a visit visa instead just to lawfully stay here in NZ? Do we still have a chance to like apply for our partnership visa? Hopeful for your response on this. Thank you.

    Like

  69. Johnne says:

    Once I call your office, Are we going to pay for it?

    Like

  70. AB says:

    Hi there, I’am a British Citizen and have overstayed my working holiday visa by 2 days. I misinterpreted the immigration NZ website and believed that a 3 month visitor visa (non work) was granted after the working holiday visa expired.
    I now realise that I needed to apply for the visitor visa before my WHV expired but unfortunately it’s too late and from what I’ve now read online, I’m under the impression that I will not be allowed to apply for the visitor visa now.
    I already have flights booked out of NZ in 5 weeks time and was wondering what the repercussions would be for me and if there are any ramifications for me applying for a visa to Canada.

    Thanks in advance.

    Like

    • If Canada asks at any point if you have overstayed then you must answer Yes. Canada and NZ share information, so if you try to conceal this incident then it could be disastrous for your Canada visa application.

      Like

      • Mani says:

        Hi me(.overstayed nz) and my wife (she nz citizen) living in India from last 9 months now. According to u, we should wait and apply for residence visa after 12 months of living together or should I apply for work visa at New Delhi India now?? ?

        Thank you

        Like

      • You should try the Residence application. It is unlikely you will get a Work Visa because you overstayed, and Immigration will believe that you will breach the conditions of any temporary visa again. However, if you apply for Residence then this is no longer an issue.

        Like

  71. Mani says:

    OK Thanx for your reply.. It will be OK, if she go back nz after staying with me in India for about 13 months because financially, we not working /earning in India… Our plan if she get Job letter, she can go back n start savingmoney for our future like getting apartment . And I will wait in India for decision, we will keep communicating with each other.. Doing this will be OK?

    Like

  72. Harshit Pathak says:

    Hi Simon,
    My wife has applied for the work visa in feb 2017 and it got declined in March, After that we have applied for the section 61 as we want to stay in this country lawfully but it got declined yesterday and Immigration want us to leave the country immediately. My wife is 32 weeks pregnant and midwife told us not to travel as it will be risky for both mom and baby because she got pregnant after 13 years so do we have any another option to stay in this country?

    Like

    • You could try a fresh request for visa under s 61, but you should get professional assistance to do that this time. Otherwise it is likely that although Immigration cannot force your wife on to a plane at present (as the airlines won’t take her), they could do so after the baby is born.

      Like

    • simon says:

      hi we got the same situation. i am residence now but i am a overstayer before. i applied my section 61 when i was 32 months pregnant and it was granted by a visitor visa and then from that i applied partneship and after a year of living together i applied for residency but ofcourse i asked a professional advice for this it’s worth it

      Like

  73. joseph says:

    Hi.i was in nz for 18years and overstayed for 16 years.i was served with a deportation order and was given a 5 year ban.i am married to a nz citizen and have 3 nz born children.i left nz voluntarily in 2015.is there any way i could get that 5 year ban or reduce so i can come back and be with my family in onehunga?

    Like

    • In the circumstances you have described, it may be possible to apply to have the ban reduced or cancelled, although this is a highly discretionary decision by Immigration. You should seek professional assistance to make such a request.

      Like

  74. VPN says:

    I can to New Zealand on Feb 2016 and now finished my 18 months studies which includes 6 months internship in between and now waiting for my graduation. The issue is that when i got my student visa from india it got student visa valid till 30th September 2017 but in between my studies in july 2016 my college applied for a variation in my visa to work full time for my internship and this visa was stamped with validity till march 31st 2017. After finishing my internship i came back to my college this 23rd february 2017 to continue my studies. During rejoining the college administration checked my passport and said i have visa till september 2017 i just have to renew my insurance so i paid my balance fees and for insurance.

    Now i finished my degree studies and started applying for job, yesterday i got a job offer from a hotel also but when the hotel check my status with immigration they said i am not eligible for working. So i immediately called immigration to know the reason. They are telling my visa got expired on 31st march 2017 and you are not suppose to be in New zealand and have to go back to my country because i am overstaying. Actually i was not aware of this visa issue and my thought was like i have visa till september and my college also not informed me to renew.

    Now i am really scared and blank what to do. Please advise me in this situation how to solve this issue as i was planning to apply for my graduate job search visa.
    Is it possible for me to stay here by applying for any other visa or i have to go back to my country. please help me sir,

    Like

  75. kkristalk says:

    Hi my partners partnership work visa was declined and also his section 61 just a few days ago and is liable for deportation….can we appeal or apply again…im due with our son on 10.9.2017…our laywer has asked if he could have a compliance to when our baby is born and hel leave voluntarily with a flight ticket of proof….what i want to do is fight our case….the only problem for our declined visa is my statememt i made to work and income when i stopped my benefit…i wrote that we been in relationship since sep 2016 and started living together since oct 2016 which was wrong….i was so nervous at that time n wasnt suppose to put october….we started living together since 5.9.2016 but he wasnt on tenancy agreement but we have a letter from our landlord stating y my partner wasnt on tenancy…is there anything u can suggest please urgently need help asap

    Like

    • You can file a section 61 visa request again. However, if it has already been refused and you had professional help to put it in, then it is more likely that your partner will have success with a visa application from offshore.

      Like

      • kkristalk says:

        Yes our laywer suggests my partner go offshore and apply but he cant guarantee hell get granted any visa…if he is declined on shore then he may be declined offshore…can we appeal against deportation if it gets orderd

        Like

      • You must ask your lawyer about your partner’s right of appeal depending on his situation. If you wish further detailed advice then you must contact our office for a formal appointment.

        Like

    • simon says:

      h we have the same situation ive got a deportation order but they approved my section 61 are u married?

      Like

      • kkristalk says:

        No we not married we suppose to get married this year november…my partner proposed to me lastyear on my birthday and we decided we want to get married on his birthday this year…do we still have a chance to get married even though hes unlawful right now…..he hasnt been served with deportation letter yet as our laywer has sent an email to inz compliance office to see if he can give my partner time till after our son is born september…can we still appeal against deportation if its orderd

        Like

  76. Johnne says:

    Hi,
    Good day!
    Just want to have an expert recommendation about this situation we have with my wife. My wife is in the Philippines right now, I am handling a 2-year work visa and we are planning to apply for a partnership based work visa or a visit visa will do. If I were you, which do you prefer to apply? A working visa or a visit visa?

    Note: When my wife is here in NZ, we attempt to apply for a working visa partnership based but it is decline. So, my wife decided to go back to the Philippines.

    Thanks!
    Johnne

    Like

  77. Mani says:

    Hi
    Me and my wife (nz citizen) living together in India together from last 13 months . As we living from more than 12 months together, can you please suggest me, after applying, if she go back nz now, it will concern for inz, even we maintain solid communication and contact.
    Reason we deciding this, we are having financial problems now, as we both not working in India and if she go back, start working, she can save and also help me financially. Please let me know ur advice

    Like

    • So long as you maintain very full records of your contact with each other, it may be possible to get your application approved after she has gone back to NZ. However, you will also need to show the reasons why she has gone back, because of your financial difficulties, and give Immigration evidence to back up this story.

      Like

      • Mani says:

        Ok, as resident visa is long it can take 6-9months. As I live in India, if she go back nz, it will be not issue that we not together from such long time, even we keep people communication and support financially,
        Thank you

        Like

      • It will be an issue that you may have to deal with during the course of the appiication. If you want more detailed advice on this you will have to take this offline and instruct us accordingly.

        Like

  78. Mmm says:

    Hello

    My mother writing supporting letter for our relationship but she can’t write/ understand English, so her neighbor can type letter for her and she will signed it. She know everything written in letter. It I’ll be OK to submit letter like that. Later if CO call her, and she can’t answer in English, can inz use interpreter or it will be an issue

    Like

  79. Gavi says:

    Hello

    I have one concern., I overstayed nz 1 year n leave voulantarily n then living 14 months offshore with nz citizen, if I apply resident visa, inz will still take into consideration that I was overstayed before. I mean, overstaying can have any affect on my application in terms of slow processing of file, doubt ,

    Thank you

    Like

    • Viru says:

      Hello sir
      I have one question , when preliminary verification and validation completed, how long it can take more to get case officer.
      I got acknowledgement letter from support officer on 28august and I called inz yesterday, they said my verification n validation finished in 22 sep, I applied for partnership residency visa.

      Like

  80. Lee says:

    Dear Sir
    I was deported from NZ in August 2017 and banned for 2 years, because I was failed in the tribunal in the end of June and became an overstayer automatically. I had been told by my advice I was legal in NZ because my case was in the tribunal. After I failed the tribunal, in the whole 42 days, I was told being arranged to go to high court by the adviser. However, nothing he did as he said to me in the 42 days. As soon as I realized he damped me after the 42 days, I submitted my section 61 with abundant evidences for partnership visa. Unfortunately, the police and INZ came to our house the next day! Those times are my most horrible time in my entire life.

    My partner is a New Zealand citizen and farmer, we have been together for more than 2 years and we were hard to persuade to the immigration we were partners as we were also employee and employer and were treated as misleading INZ. Anyway, my situation became more and more complicated and we spent a fortune for the legal fee.

    I am working back to my previous company as a sales engineer now, which I quitted 5 years ago and travelled to NZ since then. I am working, living and studying hard to get good characters for the future application, and keep making video call with my partner every day. We also have joint visa card, we still spend money on the same account. We still have joint phone account, and both of our families and friends are well known our relationship now. He is going to come to visit me in December for 10 days though he is very busy with the farm, and he lost a good worker and partner, he hasn’t had any days off since June we travelled 3 days together in NZ. His life is tough, too.

    I should be confident as the judge, the immigration case officer and lawyer said I can apply back and I may make a special direction to lift my ban etc. However, giving those frustrating matters happened on me, I am always down and in depression, what’s more,I just watched a news from “NZTV – 7 sharp” about a mum got deported from NZ and couldn’t get back to her daughter in NZ in 7 years, INZ always used she was an overstayer and sounds like they would prohibit her forever. I was wondering will I face the same problem as her and never get chance to go back to my partner.

    Will they still say I am not allowed any visa because I was an overstayer after the ban?
    Is it better if my partner stay with me for longer in China? Because his farm really needs him, how long should he stay at least?

    Thanks for you time and wait for your reply.
    Yours faithfully,

    Like

    • You can apply to the Minister of Immigration to have the 2-year ban reduced or cancelled. There is no guarantee that this will be successful. If it is successful then you could try for another Partnership visa, but again there is no certainty that this will succeed because Immigration decided before that you had given misleading information. You should get professional help to take these steps, as it sounds like your situation is very difficult.

      Like

    • missy says:

      hi! we have the same situation i am a iverstayer for 2 years but ofcourse they never caught me. my partner marry me and we appeal to the tribunal and we got apprroved he just explained to immigrantion that we are already married and he needs his wife and now i am under partnership visa and will lodge my raidenct next week. so just tell your gusband to write a letter or call the immigrantion

      Like

  81. Johnne says:

    Hi Sir,

    Just a quick question, currently my wife is handling a visitor’s visa under partnership based. Can we still apply for a working visa same as under partnership?

    Thank you so much!

    Like

  82. missy says:

    that happens to my friend as long as they don’t know where u are they wont care! but my friend somebody actually called to immigration and reported her. but she’s married to a newzealander so what she did she voluntarily exit and then she applied offshore she waited for 9 months but got approved by partnership visa your not alone here mate good luck i believe u will be grabted a visa

    Like

  83. Viru says:

    Hello sir
    I have one question , when preliminary verification and validation completed, how long it can take more to get case officer.
    I got acknowledgement letter from support officer on 28august and I called inz yesterday, they said my verification n validation finished in 22 sep, I applied for partnership residency visa.

    Like

  84. rana says:

    Hi,
    I applied study visa online and my partner applied for work visa paper file but he didn’t receive any email from immigration even in the online account it shows only previous visas ,his visa is expired today and still we didnt received any confirmation or interim visa even they do not cut the fee ,whats the right step to do ?

    Like

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