There are several different types of student and visitor visas, including student visas for school-aged children or tertiary students and visitor visas for family visits, business visits or general tourism. 

Most of these applications are processed within three months and the duration of the visas granted will vary depending on an individual’s unique circumstances.

Individuals who hold these types of visas often seek to transition onto other types of visas.  It is important to be aware of the restrictive conditions associated with these visas as the consequences for breaching these conditions (even unintentionally) can be far-reaching and can possibly have a negative impact on future applications.

There are several different types of work visas, each with their own set of eligibility criteria, processing timeframes, conditions and durations. These include applications based on employment, family relationships, business activities,  and completion of tertiary studies.

Most work visas take between one to five months to process and are issued for a duration of between one to five years.  In many instances, individuals can apply for further work visas if their circumstances continue to meet the applicable eligibility criteria.

Some work visas also provide a useful “pathway” toward obtaining “residence” status.

There are a number of different routes to follow on the journey towards obtaining residence status, including applications based on:

• employment and skills

• family relationships 

• investments and/or the establishment and successful operation of certain types of businesses in New Zealand.

These requirements look a bit differently depending on whether an application is made for a temporary or permanent class visa application but in essence, all visa applicants must meet the good character requirement and must have an acceptable standard of health.

Having been diagnosed with a medical condition or having been accused of criminal offending, may not necessarily make it impossible to be granted a visa as it may still be possible to obtain medical and/or character waivers to allow the grant of the visa applied for.

Significant levels of skill and care are required when dealing with issues of health and character as the “waiver” processes are complex and the consequences of a failed assessment will have ongoing impacts on an individual’s immigration status and ability to apply for visas in future. It may also potentially lead to liability for deportation.

In many of these instances, the surrounding circumstances are such that it would be fair and reasonable for their lawful immigration status to be reinstated by the grant of further visas under Section 61 of the Immigration Act, 2009. 

Kruger Legal Ltd. is committed to expertly and comprehensively advocate on behalf of clients who require assistance resolving these extremely stressful situations.

On occasion, individuals and families may also find themselves in the situation where they may not necessarily meet the requirements of any specific category of the wider immigration system, but where it would nevertheless be justifiable for the Minister of Immigration to make an exception and allow their visa application to be approved.

We have successfully obtained ministerial exceptions ordering the waiving of a variety of key eligibility requirements, including age requirements, health requirements, character requirements, employment requirements, investment requirements and time spent in New Zealand requirements.

In the case of declined residence applications, individuals and families may have grounds to lodge an appeal (to the Immigration and Protection Tribunal) to demonstrate that their application was decided incorrectly and/or that special circumstances exist.  Appeals are subject to strict, statutory deadlines and must be submitted in a timely manner.

In the case of declined temporary visa applications, no right of appeal exists but it may be possible to seek a reconsideration of Immigration New Zealand’s decision to decline a visa application.  It may sometimes also be possible to lodge a formal complaint regarding certain legal aspects associated with the assessment or the decision which, if upheld, could lead to the applicable visa being granted.

Liability for deportation sometimes also arises as a result of criminal offending, newly diagnosed medical conditions, loss of employment or the untimely death of a family member.  To say that these legal proceedings can be intensely stressful, would be an understatement. 

Deportation proceedings involve a number of associated processes, including formal and informal dealings with the Compliance Branch of Immigration New Zealand, formal presentation of reasons why deportation should not proceed and appeals against deportation (to the Immigration and Protection Tribunal) in those instances where such appeals may be appropriate.