Successful New Zealand Work Visa Application

In December 2022, our client achieved a significant milestone by obtaining an Accredited Employer Work Visa (AEWV) after a comprehensive 3.5-month process. This blog post recounts the challenges faced and the strategic approach we took to secure the visa for our client. The case involved various complicating features, such as an overseas conviction from 2010, conflicting information in the visa application forms, and the imposition of a suspended sentence (overseas). We are delighted to share this case study to showcase our expertise in tackling complex immigration cases.

The Challenges

1. Overseas Conviction: The client had a conviction from overseas dating back to 2010, which could potentially hinder the AEWV application. Past convictions can raise concerns for Immigration New Zealand (INZ) and may lead to visa denials.

2. Discrepancies in Application Forms: The applicant had previously stated "No" convictions in the visa application, despite the existence of a past conviction. Such discrepancies can create doubts about the applicant's credibility and may negatively impact the visa application.

3. Suspended Sentence: Despite not serving a day in prison, the applicant had received a suspended sentence of 3 years, which could raise questions about their character and suitability for the visa.

The Plan

We approached the case with meticulous planning and a step-by-step strategy to effectively address the issues.

1. Comprehensive Analysis: We thoroughly analysed the case, identifying potential pitfalls and devising a plan to mitigate them.

2. Addressing Conviction and Bona Fide Issue: Knowing that the past conviction and bona fide grounds would likely be scrutinised, we prepared detailed Character Waiver submissions. We argued that the overseas conviction had been "expunged" under the client's county law, justifying the "No" answer in the application.

3. Demonstrating Qualifications: We presented compelling evidence of the applicant's relevant work experience and qualifications to establish their suitability for the AEWV and potential contribution to New Zealand through their labour, in the circumstances where there was (and till is) high demand for skilled tradespeople.

The Execution:

Our team drafted thorough submissions, including a persuasive cover letter that highlighted the positive aspects of the case and emphasised the client's suitability for the AEWV.

The Outcome:

As a result INZ approved the AEWV application and granted the visa to our client. We consider this success as a testament to the careful planning and execution of a clear strategy to address challenges while highlighting positive factors in the client's case.

Next Steps:

Buoyed by this success, we have also successfully assisted the client with their partner's work visa and their children's dependent child student visas.

During our consultations with the client and their family, we provided crucial advice regarding their future Resident Visa application. The conviction may become relevant during the Resident Visa assessment process, potentially prompting INZ to raise character concerns. However, we firmly believe that with the right approach, the family can bolster their chances of a successful Resident Visa application.

1. Focus on Good Behaviour: We emphasise the significance of maintaining a spotless record from this point onward. Demonstrating exemplary conduct, adherence to all visa conditions, and abiding by the laws of New Zealand will enhance their eligibility for the Resident Visa.

2. Comply with Visa Conditions: Ensuring strict compliance with their current visa conditions showcases the family's commitment to being responsible residents. INZ takes compliance seriously and favourable compliance history can work in their favour.

3. Meaningful Community Involvement: Active involvement in their local community, participating in community events, and contributing positively to society illustrates their commitment to becoming valuable members of New Zealand's social fabric.

4. Highlighting Positive Contributions: The family's positive contributions, such as skill development, education, employment, and investments, can be emphasized in the Resident Visa application. These contributions show their commitment to New Zealand's growth and prosperity.

5. Addressing Concerns Proactively: Should INZ raise any concerns related to the previous conviction, we will provide comprehensive submissions that highlight rehabilitation, personal growth, and efforts to move past past mistakes. Presenting this information transparently demonstrates the family's willingness to take responsibility for their past and build a better future.

6. Supporting Documentation: We will gather robust evidence supporting the family's claims of good behavior and community involvement. This documentation may include references from employers, community leaders, and testimonials from individuals who can attest to their positive impact.

7. Expert Guidance: Our team will guide the family throughout the Resident Visa application process, ensuring all necessary forms are filled accurately, and that submissions are compellingly presented.

While we cannot guarantee the outcome of any visa application (no one can), our approach aims to maximise the family's chances of success. By maintaining a clean record, actively contributing to the community, and addressing any concerns proactively, the family will be in a strong position to pursue their Resident Visa when the time comes.

Conclusion

We remain dedicated to providing top-notch immigration services, helping our clients navigate the complexities of the New Zealand immigration system. At Bankside Immigration we understand that each immigration case is unique and requires a tailored approach. This case study showcases our expertise in handling complex immigration matters with meticulous planning, diligent execution, and persuasive advocacy. While we cannot guarantee the outcome of any visa application (no one can), our careful assessment of facts and proactive strategies aim to maximize your chances of a successful outcome.

If you require assistance with your immigration case, don't hesitate to contact us. We are here to help you achieve your immigration goals.

DISCLAIMER

The information presented by the author/s in this article (or anywhere else) is intended for general informational purposes only and should not be considered as legal advice. Each immigration case is unique, and any opinion expressed without considering individual circumstances is necessarily generic and may be incomplete. The author/s disclaim all liability for any consequences resulting from reliance on such generic information. Reading this article does not create an attorney-client relationship between the reader and the author or any other person. For personalised legal advice tailored to your specific circumstances, it is essential to consult with a qualified immigration lawyer and you are strongly advised you seek such tailored legal (immigration) advice.