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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22888
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Are you still there? I'm currently a second year

Customer Question

Hi are you still there?
I'm currently a second year international student in UoA. I applied for renewing student visa for this academic year in around mid-March. Then NZ Immigration emailed me that my payment was declined and request for enrolment letter. Sadly, i didn't see that email. On 29th March, they sent my passport and document back to where i live. I got it yesterday(31 March),which is the visa expiry date. So i'm now without valid visa/unlawful. What should i do???
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
You can apply for an emergency visa so you don't end up overstaying while you apply for a further student visa. You should do this as soon as possible, and contact your immigration office to ask for this and if necessary go to their office and explain
Customer: replied 1 year ago.
Expert:  Chris The Lawyer replied 1 year ago.

This may help

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 arrangements are preferably in place to resolve the need for the person to stay in NZ before issuing an ETI e.g. a relative, already in NZ will change jobs or hours to take over caring from the applicant, but needs to give notice.
    • When doing this we need to be satisfied that everything is in place to resolve the situation and that it’s within a short, finite time before issuing the visa. It may not be sufficient to advise the applicant to find a solution within the validity of the visa; they must already have a viable solution found and confirmed.
  • If granting a visa on compassionate grounds (e.g. to care for a sick relative) that the requirement for the person to be in NZ will no longer be needed by the time the visa expires. (e.g. that the need for care will only be short term, for a measurable period).
  • If granting a short term visa for the purpose of someone to leave on a valid visa then consider granting a Limited Visa for this purpose.
  • If the applicant intends to study in New Zealand as a domestic student the applicant must be eligible for domestic fee status as per U3.35. The Ministry of Education determines which students are eligible for domestic status so it is not appropriate for INZ to grant an ETI to enable a person to study as a domestic student if they are not eligible.
Customer: replied 1 year ago.
Hi I just talk to Immgiration officer at Queen st.
They say that I need to apply for visa section 61 with a letter of explanation.
Expert:  Chris The Lawyer replied 1 year ago.

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.

Expert:  Chris The Lawyer replied 1 year ago.

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

Customer: replied 1 year ago.
Cool so I reapply for student with an explanation letter?
Expert:  Chris The Lawyer replied 1 year ago.

Yes, although you need the section 61 application dealt with first, and they then consider the student visa, but you can send them together

Customer: replied 1 year ago.
Sorry I could find section 61 applicant form, could you send me web link?
Expert:  Chris The Lawyer replied 1 year ago.

There isnt a specific form-you need to set this out in a letter

Customer: replied 1 year ago.
I see, so I just need fill in student visa appliaction with a letter?
Customer: replied 1 year ago.
Do I need to get a letter from lawyer as well to explain my circumstance?
Expert:  Chris The Lawyer replied 1 year ago.

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

Customer: replied 1 year ago.
Can you write me an outline or draft?
Expert:  Chris The Lawyer replied 1 year ago.

Something like this perhaps

The Minister of Immigration

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

Customer: replied 1 year ago.
Expert:  Chris The Lawyer replied 1 year ago.

Glad to help, you can rate this when you are ready

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