INZ Update: Preventing Visa Applicants from Becoming Unlawful

Kia ora everyone,

Immigration New Zealand (INZ) has recently issued important guidance on mitigating the risk of visa applicants becoming unlawful while waiting for decisions on their temporary entry class visa applications. At Surani Associates, we're committed to keeping you informed about these developments and how they might affect your immigration status.

Key Points:

1. Empathetic Approach:

   • INZ is advising staff to take an empathetic and pragmatic approach when dealing with applicants at risk of becoming unlawful due to processing delays or documentation issues.

2. Interim Visa Expiry:

   • If an applicant's interim visa is due to expire, INZ will consider making immediate decisions on substantive applications.

   • This may include granting visas as exceptions to immigration instructions where justified.

3. Section 79(5) Option:

   • If a substantive application can't be approved before the interim visa expires, INZ may grant a visa under section 79(5) of the Immigration Act 2009.

   • This ensures applicants remain lawful while their substantive application continues to be processed.

4. Applicant Consent:

   • INZ must have the applicant's consent to grant a further visa under section 79(5).

   • Applicants will be notified if granted a further visa under this provision.

5. Unlawful Applicants:

   • For those who have become unlawful, INZ will engage with the section 61 team to facilitate further visas during substantive application assessment.

   • When processing subsequent applications, INZ will consider if the period of unlawfulness was due to circumstances beyond the applicant's control.

What This Means for You:

If you're currently awaiting a decision on a temporary entry class visa:

1. Stay in close communication with INZ or your immigration advisor about your visa status.

2. If your interim visa is nearing expiry, proactively discuss options with INZ or seek professional advice.

3. Be prepared to provide consent for a further visa if offered under section 79(5).

4. If you've had a period of unlawfulness, be ready to explain any circumstances that were outside your control.

At Surani Associates, we understand the stress and uncertainty that can come with visa processing delays. Our team of expert immigration advisors is here to help you navigate these situations and ensure you maintain lawful status in New Zealand.

We can assist you by:

• Monitoring your visa status and application progress

• Communicating with INZ on your behalf

• Advising on the best course of action if your interim visa is nearing expiry

• Helping prepare explanations for any periods of unlawfulness due to circumstances beyond your control

Remember, while INZ is taking a more empathetic approach, it's crucial to be proactive in managing your visa status. Don't hesitate to reach out to us for personalised advice and support.

Let's work together to ensure your stay in Aotearoa New Zealand remains lawful and stress-free, even in the face of processing delays or unexpected circumstances.

Stay informed, stay proactive, and let Surani Associates be your trusted partner in maintaining your legal status in New Zealand.