Overstaying Partner Visa

Grounds for Refusal in NZ

How it will affect your
future application?

 A Fijian national has previously overstayed in New Zealand for his

own personal reasons, he chose to overstayed without knowing the
potential circumstances that he may face in future if he intends again
to enter in New Zealand - as he is unlawfully staying in New Zealand;
in reference with section 9 meaning of unlawfully in New Zealand,(2)
a persons status as being unlawfully in New Zealand is calculated;
(b) as starting on the day after the date on which the persons visa
expired or was canceled without another visa granted.
He claimed that he was never been deported, but rather voluntarily
left New Zealand, contrary of what deportation is under section 10meaning of deportation, subsection (3), (a) the person leaves New
Zealand (whether or not to the expense of the Government of New
Zealand, and no deportation order is served to him, but the question
here is, can he still apply for a visa enter to New Zealand, in spite of
his overstaying history in NZ?

While, he is in New Zealand, he has tried to get a request for a

valid visa through the help of his immigration lawyer under
section 61 - Special grant of visa, but it was unsuccessful.
Then in 2014, when he left New Zealand voluntarily and returns
home to his country, and in 2016 he has applied for an open work
visa/permit, as his wife is a New Zealand citizen living with their
step daughter in NZ, but his partner visa to work, was declined by
INZ. Due to the fact regarding his previous overstaying might
happened again in case, they would give him a visa for such
category, as the relationship yet, has not able to meet to qualify of
living together for such a period of time in compliance with the
relevant immigration instructions for partnership category of
partner of a New Zealand Citizen. As we may know in any
circumstances; if the minimum period of time living together was
not met, INZ may defer PR application under this category, but
rather

gives a work visa [open] to join his/her partner in New Zealand.

Because of this refusal, he thinks that he is in prohibition
period, in which certain applicant liable for deportation could
not have a visa to enter in New Zealand e.g, 2 to 5 years of
prohibition period or even a permanent prohibition (depending
on the grounds) as the case maybe, but as we reiterate to him,
THAT HE IS NOT subject to any prohibition period as pursuant
to section 179, in addition to subsection (2) a person who
is unlawfully in New Zealand
but leaves New Zealand
voluntarily before he or she is served with a deportation order
is not subject to any prohibition period, given the fact that he
was assisted by his immigration lawyer under section 61 . At
that time, he had applied, he has a work in Fiji into car selling
sales, and his parents and siblings are living as well in Fiji.

 He is contemplating to relodge again his application, but very anxious about his
previous refusal and his overstaying record considering no appeal review for
temporary class entry visa decisions under section 186 of the act, we in our
opinion, what transpired to his application lodged in April 2016, might have
some crucial information and additional material evidence of documents, which
should have been provided to mitigate the immigration officer to consider his
application or convince, that he has a strong ties in his home country and able
to explain the surrounding circumstances as to why he has led to overstayed in
New Zealand. It is notable that in any applications for temporary entrant to New
Zealand, am immigration officer processing to its temporary visa application
will make the assessment and final decision on the basis of the available
information and evidence of documents supplied by the client. They are not
obliged to seek any further information or documents to the applicant in coming
up with the decision, it is a sole responsibility of the applicant to comply and
provide any information and documents in the matters of relevant immigration
instructions he or she applying as per section 58.Although, decision as to
whether to approve or decline his visa is a matter of discretion of the
immigration officer handling his application under section 45 of the act.

What the act says about a person whos unlawfully in New Zealand, after their visa expired
or canceled, may have 42 days to make or file an appeal to Tribunal, for humanitarian
grounds from the day they become unlawfully. However, he may still reapply under a
partnership based category, for as long as there are new additional or further evidentiary
documents, which would mitigate to consider him in granting a temporary visa to join his
family in New Zealand, but as always, an immigration officer will use his own discretion in
coming up a final decision regarding his previous overstayed record in New Zealand. We
note that at INZ manual for temporary entrant to New Zealand (July 2015), if the client had
this record of overstayed it is already a marginal risk, that the visa conditions may not be
observed by the client in case they consider granting him or her a visa, but this really
depends on a case to case basis.

For assistance on your temporary visa application in New Zealand? Or for the
reapplication to a refused visa. Contact Visa Online Assistance by sending an e-mail at
info@visaonlineassistance.com for more information.
Source: portion of the acts from Immigration Act 2009
Disclaimer:
This does not constitute legal advice. The purpose of this article is to inform and educate
visa holders to be mindful about any visa conditions attached to their visa, and not to
overstayed or proceed in any illegal ways. Visa Online Assistance do not assist to any
appeal application to Tribunal.