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Special Cases & Appeals.

Here we share some general information about Special Cases and Appeals policy. This does not replace or constitute immigration advice from a licensed immigration adviser.

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Special Cases Policy And Appeals.

It is simply not true that all of your circumstances are going to be considered by Immigration New Zealand on a case by case basis.

Specific policy requirements guide officials as to whom should be approved under each category of policy, and applicants who fall outside of those requirements will be declined.

A consequence of there being a formal, written policy is that there will always be applicants who “just miss”.

To the applicant, a "just miss" is a lifetime disappointment, and they will sometimes wonder why Immigration New Zealand can't "help me across the line". That can't happen because the New Zealand system is not corrupt, and case decisions are made according to rules, not personal favours.

Appeals.

When a visa application goes wrong and has been declined, or a visa has expired, there may be grounds for appeal. This is a specialist area of work as knowledge of tribunals, precedent cases, and current trends are paramount to preparing strong appeals. Some special cases include but are not limited to:

  • Residence Visa appeals

  • Appeals against deportation

  • Humanitarian appeals

Useful Information

The Malcolm Pacific Immigration team of advisers and experts take away the stress and worry of navigating the complex world of New Zealand Special Cases policy and immigration.

Special Cases

Humanitarian

Minister Of Immigration.

The powers of absolute discretion and delegation do lie with the Minister of Immigration, so it is also true that exceptions and special cases can be legally and practically possible in exceptional cases.

The fact that such a possibility exists, combined with hope born of desperation, can lead to migrants being exploited.

Telling a migrant, "I have good connections, and I will write to the Minister for you" can give a desperate applicant hope, but it is unfair if the chances of success are misrepresented.

Honest Advice, Not False Hope.

Migrants deserve honest advice, not false hopes.

The fact is, approval of Special Cases and exceptions to policy are very few and far between.

General Comments.

At Malcolm Pacific Immigration, we do undertake Special Cases and Appeals, and we have had some spectacular success. Still, we will only do so after giving you very honest advice about your chances.

We will usually develop a detailed strategy around such Special Cases or appeals, often engaging in specialist research or advice.

We most certainly will not just “write a letter to see what happens".

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Latest News

Our team keep ahead of all the latest immigration developments and post updates regularly. Stay up to date by signing up to our newsletter and get these updates directly to your inbox.

Update

The Green List

From September 2022 people holding job offers in a small number of occupations may apply for residence. Some occupations are a direct pathway to residence and others require a period of two years or longer before applying.

There are qualification and/or occupational registration requirements to meet. Establishing if an overseas qualification matches the NZ equivalent qualification before applying is paramount for success.

Read more here.

16 May 22
Update

Work Visa Categories Closing

The work visa categories set to close are:

  • Essential Skills Work Visa
  • Essential Skills Work Visa – approval in principle
  • Work to Residence (Talent – Accredited Employer)
  • Work to Residence (Long Term Skills Shortage)
  • Silver Fern Job Search Work Visa (closed October 2019)
  • Silver Fern Practical Experience Work Visa.
10 Feb 22
Update

Policy Decision Key Dates in 2022

  • February 13. Fully vaccinated Kiwis plus certain other travellers entering NZ from the rest of the world* can skip MIQ.
  • April 30. The border starts a phased reopen to fully vaccinated foreign nationals.
  • April 30. The Productivity Commission reports back to the government on immigration settings.
  • May 9. Applications open for mandatory Employer Accreditation.

*Excludes high-risk countries.

16 Dec 21

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