Special Cases & Appeals
Here we share some general information about Special Cases and Appeals. This material is for information purposes only. Contact one of our Licensed Immigration Advisers for personal immigration advice.
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 immigration 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
Helpful Links
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. However, 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".
* special conditions apply to all forms of property development to qualify as an acceptable immigration investment – take advice from a specialist licensed immigration adviser
** to secure a reduction in the number of days to be physically present in New Zealand under the Balanced category requires additional funds to be invested over and above NZD 10 million. The additional funds must be placed into approved managed funds or direct investments under the Growth category. Example – minimum 105 days spent in New Zealand reduces to 91 days provided a total of NZD 11 million is invested (minimum $10 million into any of the Balanced investments plus a minimum of $1 million into Growth investments).
*** “approval in principle” is issued in writing by Immigration NZ when the Active Investor Plus Visa application has been fully assessed and cleared to proceed to the next phase which is the transfer and investment of the nominated funds. Take advice from a specialist licensed immigration adviser about this critical step. Frequently problems occur due to misunderstanding the precise nature of the transfer and investment requirements.
The Active Investor Plus Visa residence application
The journey for an individual or family applying for the Active Investor Plus Visa typically looks like this.
- Establish eligibility to make sure you qualify for residence. If you are ready to move ahead connect with the specialist Investor Visa team at Malcolm Pacific Immigration
- Gather specific documents required for the Active Investor Plus Visa. Documentation must be 100% correct to achieve a successful outcome (approval).
- Lodge Active Investor Plus Visa application with Immigration NZ.
- Assuming no problems with any aspect of the application Immigration NZ issue a letter called “Approval in Principle”.
- Now there is 6 months from the date of the approval in principle letter to transfer nominated investment funds to New Zealand and fully invest funds into the acceptable Growth or Balanced investments. A one off 6 month extension to the transfer and invest deadline is available in limited circumstances. No more than 12 months maximum is permitted to complete this step.
- Once the transfer and investment has been cleared by Immigration NZ then resident visas are issued. The visas must be activated by each family member included in the application by arriving in New Zealand within 12 months of the date visas were issued. A resident visa allows a person to live, work, study and reside permanently in New Zealand.
- Immigration NZ conduct audits of the investment funds at 24 and 36 months intervals for the Growth category and at 24 and 60 months for the Balanced category.
- When funds have completed the investment term (3 or 5 years) and other requirements met then Resident Visas convert (on application) to Permanent Resident Visas (these visas are valid for life)
- Applying for New Zealand Citizenship becomes an option. For more information on citizenship read here
Processing times
The processing timeframes for an Active Investor Plus Visa application will vary based on a number of factors including the available human resources at Immigration NZ. Typically timeframes (always subject to change) are:
- 4 to 12 weeks to gather the documents required to lodge the application. A crucial step and must be 100% right to avoid problems.
- 3 to 6 months for the application to be assessed and decided by Immigration NZ.
- 12 months maximum to transfer and invest funds. A crucial step that is often misunderstood and mismanaged.
- Immigration NZ audits of investment funds takes around 4 to 8 weeks to complete.
- Permanent Resident Visa applications at the end of the investment term take on average 1 to 3 weeks to process.
How Malcolm Pacific Immigration can help you
We have the largest and most experienced team of Licensed Immigration Advisers in New Zealand. In business for 40 years our firm has a strong reputation in the immigration industry for success and delivering quality service.
A specialist team are trained, experienced and focused on the Active Investor Plus Visa deliver high net worth clients a boutique service offering. Daniel Thomson, Director of Client Services is a preeminent leader in this specialist immigration area and leads the team who successfully manage and navigate clients through the Active Investor Plus Visa process.
We assess your eligibility, answer questions and introduce you to a range of leading experts who can help you identify acceptable immigration investments.
We do not over promise or under deliver. The team will walk alongside with you on this journey that will last at least 3 years (Growth) or 5 years (Balanced) right through to qualifying for Permanent Residence Visas.
We deliver value for money. We do not quote low fees and then later surprise clients with additional or hidden costs because things took longer than was expected.
We keep it simple while others make it complex.
We do not try to be all things to all people. Our clients enjoy the fact we stick to immigration and surround ourselves with highly regarded professionals with strong reputations in providing advice on tax, banking, acceptable immigration investments, wealth managers, property experts, relocation professionals and so much more.
We are happy to introduce you some of our migrant investor clients for an independent reference of the work we do. Extra peace of mind that you are making the right choice by engaging Malcolm Pacific Immigration.
Connect with our specialist team today
Frequently Asked Questions
Q: How much is the government application fee?
A: NZD 27,470 (subject to change without notice)
Q: How long does the process take?
A: We have dedicated a section on this topic. You can read here. We keep you updated on progress and timeframes as we move your application forward.
Q: What documents will I need for this application?
A: Your dedicated Licensed Immigration Adviser will work closely with you on what documents will be required for your application. Everyone’s situation is different and by understanding you and your family’s background we tailor our advice on the specific documents Immigration NZ require. Getting the documents right is crucial to avoid serious problems. A speciality area where misunderstandings lead applications to fall over because documentation was wrong.
Q: Do I really need an immigration adviser?
A: Absolutely!
Immigration NZ would rather receive an Active Investor Plus Visa application from an experienced licensed immigration adviser than a person lodging their own application. Statistically more people are declined when they do not have a professional engaged. This is a specialised area of immigration work. You engage a range of professionals to manage your tax, business, investments and life! Immigration is no different – deal with people who are experienced and trusted.
Q: How much do you charge?
A: The first consultation to assess your eligibility for an Active Investor Plus Visa is free. Once we fully understand your situation and the way forward you will receive a no obligation quotation of costs. From there you can decide whether to proceed with our services.
Meet some of our successful Investor clients
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Craig Elliott
Edmund Mah
Ron Patrick
Dr Hans Albrecht
Contact our specialist Investor Visa team
Our team of specialists are available to meet with you in person or through a video or phone call. We regularly travel overseas so let us know if you are interested in attending one of our offshore events and we will send more information.
You can learn more about our team here or send an email to investors@malcolmpacific.com and we will get in touch to arrange a one on one meeting.
We look forward to the opportunity to be of service.
Get started with a free assessment today
We are New Zealand’s largest and most experienced team of licensed immigration advisers. Our experts take away the stress and worry of navigating the complicated world of immigration. All you need to do is get in touch. Our team is on standby, ready to help.
