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Answered in 8 minutes by:
5/16/2014
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 32,464
Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.
VerifiedChris The Lawyer :
Hi and welcome. My first response will follow shortly. Please feel free to follow up if anything is not clear.
Chris The Lawyer :
In this sort of case it is often best to go to the Immigration Minister and your local MP direct. If she disobeys the deportation order that will prevent her returning for 5 years, and she must avoid that.
Chris The Lawyer :
There are emergency extensions which can be used to enable her to stay her while applying for the family visa.
Chris The Lawyer :
76Decisions on applications for temporary entry class visa
(1)The Minister or an immigration officer may, in the Minister’s or officer’s discretion, grant a temporary entry class visa as an exception to temporary entry class instructions in any particular case.
(2)Subsection (1) does not apply to an application for a temporary entry class visa of a type subject to restricted temporary entry instructions.
(3)However, nothing in subsection (2) prevents the Minister in his or her absolute discretion from making a decision to grant a visa as an exception to restricted temporary entry instructions in any particular case.
Chris The Lawyer :
So there are ways of staying while the more permanent visa is granted. She may need a lawyer to help her however or an Immigration advisor
Customer:
She had to leave about 1 week ago to avoid violating her visa. Can she do the above from the USA or does she have to be in NZ?
Chris The Lawyer :
She will now have to push on with the family visa I am afraid. once she has gone there is no choice
Customer:
and is the Parenting Plan now null and void since she does not have permission to reside in NZ?
Chris The Lawyer :
No, because as soon as she gets a visa it will start again
Customer:
can my wife, the maternal grandmother of the child who is still in NZ, apply for the "Exception Visa" you outlined above in order to stay and help care for the child? She has many NZ citizens, including good standing members of the Maori Nation, who will sponsor her.
Chris The Lawyer :
She would need to apply for a visa on her own application. the emrgency visa can only be used when someone is in New Zealand and needs a visa to avoid overstaying a visa which is about to expire
Customer:
I did not explain that she is in NZ on a 3-month visitors visa and has to leave on June 6th or be in violation of her visa
Chris The Lawyer :
In that case she could, to enable her to apply for a longer term visa, but that may not be easy, as I am not sure she qualifies for the family visa
Customer:
can a sponsor for her be any NZ citizen in "good standing" with the Crown and not just focus on the family visa?
Chris The Lawyer :
Yes, but she still has to qualify under one of the categories. The family visa may not apply unless there are other family here as well, and test is that most of the family have to be here. Her daughter is ina different category because of the child who is here
Customer:
can you please send me a link to the categories so we can explore all the possibilities?
Chris The Lawyer :
http://www.immigration.govt.nz/migrant/
Customer:
thank you Chris. As always you provide excellent service. Regards Robert
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 32,464
Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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