New Zealand Law
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Granting Temporary visas on compassionate grounds
Several cases have been identified where customers were granted temporary visas on compassionate grounds due to exceptional circumstances e.g. the illness or death of a close family member. It is acknowledged that in some circumstances an exception to instructions (ETI) may be considered but that officers also need to think about what will happen when that temporary visa expires i.e. what will the customers’ personal circumstances be when their temporary visa expires?
Although completely discretionary and bearing in mind that each case is different, officers may wish to consider the following before granting an ETI on compassionate grounds:
That is correct. This section says
61Grant of visa in special case
(1)The Minister may at any time, of the Minister’s own volition, grant a visa of any type to a person who—
(a)is unlawfully in New Zealand; and
(b)is not a person in respect of whom a deportation order is in force; and
(c)is not a person in respect of whom a removal order is in force.
(2)A decision to grant a visa under subsection (1) is in the Minister’s absolute discretion.
Immigration have a standard procedure which will mean you have to give an explanation for the oversight, perhaps the email about the money being declined went to your spam, or somthing like that
This link will help you with the application http://www.immigration.govt.nz/NR/rdonlyres/456EB4CC-0299-4E81-86C0-896862F2F411/0/IAC1308Section61ImmigrationAct2009.pdf
Yes, although you need the section 61 application dealt with first, and they then consider the student visa, but you can send them together
There isnt a specific form-you need to set this out in a letter
The letter should be a full explanation and specifically asking for the section 61 visa and when this has been granted to then consider the student visa
Something like this perhaps
The Minister of ImmigrationWellington
My name is***** have been on a student visa in New Zealand doing a course in (describe course). At the beginning of this year I applied for an extension of the student visa, but the payment was declined. I did not realise this until much later. The reason the payment was declined was (set out the explanation). I did not see the email (here insert explanation). I would have been eligible for a further year if the money had not been declined.
Describe the course you are doing and your results to date to show that you are able to finish the course.
I have been advised to ask for an interim visa under section 61 Immigration Act, and so I therefore apply for the visa, and also attach my application for a student visa.
You can add anything else you'd like in support
Take this to the Immigration office where you were today
Glad to help, you can rate this when you are ready