What to Do If Your Visa Is Declined

When Immigration New Zealand declines your visa application, they must provide you with a written decision explaining the reasons for the decline. This decision letter is crucial as it outlines which immigration instructions or policy requirements weren't met and forms the basis for any potential challenge.

Common reasons for visa declines include insufficient evidence to support your application, failure to meet health or character requirements, concerns about the genuineness of your circumstances, or not meeting specific criteria for your visa category. Understanding exactly why your application was declined is the first step in determining whether you have grounds for an appeal or other challenge.

The decision letter will also inform you of your rights to seek a review of the decision and the timeframes within which you must act. These timeframes are strictly enforced, so it's important to read the decision carefully and seek legal advice promptly if you're considering challenging the outcome.

The first 48 hours after receiving a visa decline are critical. Start by carefully reading the entire decision letter to understand the specific reasons for the decline and note any deadlines for appeals or other actions. Make copies of all relevant documents and ensure you understand your current visa status if you're already in New Zealand.

If you're in New Zealand on a temporary visa that's about to expire, determine whether you can remain lawfully while considering your options. Some people may need to apply for a visitor visa or other temporary status to avoid becoming unlawful. Don't assume you can automatically stay while planning your next steps.

Contact an immigration lawyer as soon as possible to discuss your options. Many lawyers offer urgent consultations for declined visa cases because of the strict timeframes involved. Even if you ultimately decide not to challenge the decision, getting professional advice early can help you understand all your options and make informed decisions about your future.

When challenging a visa decline, you typically have two main options: requesting a reconsideration from Immigration New Zealand or lodging an appeal with the Immigration and Protection Tribunal. The right choice depends on the specific circumstances of your case and the reasons for the decline.

A reconsideration is appropriate when you have new information that wasn't available when you made your original application, or when you believe Immigration New Zealand made an error in assessing your application. This process is generally faster and less expensive than an appeal, and Immigration New Zealand will review their decision using the new information or correcting any errors.

An appeal to the Immigration and Protection Tribunal is a more formal legal process where an independent tribunal reviews whether the original decision was correct based on the law and evidence available at the time. Appeals are appropriate when you believe Immigration New Zealand incorrectly applied the law or immigration instructions to your case, or when they failed to properly consider evidence you provided.

Some visa types require you to seek a reconsideration before you can appeal, while others allow you to go directly to the tribunal. Understanding which process is most appropriate for your situation requires careful analysis of your case and the reasons for the decline.

The Immigration and Protection Tribunal is an independent body that hears appeals against Immigration New Zealand decisions. The tribunal process is formal and follows specific procedures, making legal representation highly advisable for most appellants.

To lodge an appeal, you must file the appropriate forms and pay the required fees within the specified timeframe, usually 42 days from receiving the decline decision. Your appeal must clearly state the grounds on which you're challenging the decision and provide supporting evidence. The tribunal will only consider evidence that was available to Immigration New Zealand when they made their original decision, unless exceptional circumstances apply.

The tribunal process typically involves several stages: filing your appeal, case management conferences, exchange of evidence and submissions, and finally a hearing where you can present your case. Hearings may be conducted in person, by video link, or on the papers only, depending on the circumstances of your case.

Tribunal decisions are binding, and further appeals to higher courts are only possible on points of law. This makes it crucial to present your case effectively at the tribunal level, as you may not get another opportunity to challenge the decision.

Sometimes the best option after a visa decline is to submit a fresh application rather than appealing the original decision. This approach is particularly suitable when your circumstances have genuinely changed since the original application, or when you can address the specific concerns that led to the decline.

Fresh applications allow you to provide new evidence and address the issues identified in the decline decision. However, you need to be strategic about timing and ensure you can demonstrate material changes in your circumstances. Simply resubmitting the same application with minor modifications is unlikely to succeed and may harm your credibility with Immigration New Zealand.

Consider a fresh application when you've obtained new qualifications, secured different employment, strengthened your relationship evidence for partnership applications, or resolved health or character issues that contributed to the original decline. You should also consider this option if the decline was based on policy changes that have since been reversed or modified.

Before submitting a fresh application, carefully analyse the reasons for the original decline and ensure you can adequately address each concern. This often requires gathering additional evidence, obtaining expert reports, or making significant changes to your circumstances.

If you're in New Zealand when your visa is declined, maintaining lawful immigration status while pursuing an appeal or fresh application is crucial. Becoming unlawful can severely impact your ability to remain in New Zealand and may affect future visa applications.

Your ability to remain in New Zealand during an appeal depends on your current visa status and the type of appeal you're lodging. If you hold a valid temporary visa, you may be able to remain until that visa expires. However, if your declined application was for a visa to replace an expiring one, you may need to take immediate action to maintain lawful status.

In some cases, you may be able to apply for a special direction from the Immigration and Protection Tribunal to remain in New Zealand while your appeal is processed. These directions are not automatically granted and require you to demonstrate that you have an arguable case and that it would be unjust to require you to leave New Zealand while the appeal is pending.

Alternatively, you might need to apply for a visitor visa or other temporary visa to maintain lawful status. This can be complex, as Immigration New Zealand may be reluctant to grant temporary visas to people whose substantive applications have been declined. Professional legal advice is essential to navigate these situations effectively.

If your visa was declined due to character or health concerns, you may need to apply for a waiver alongside any appeal or fresh application. Character and health requirements are fundamental to New Zealand's immigration system, but waivers are available in certain circumstances.

Character waivers may be available if you have minor criminal convictions or other character concerns that don't pose a significant risk to New Zealand society. The assessment considers factors such as the nature and seriousness of any offending, how long ago it occurred, evidence of rehabilitation, and your ties to New Zealand.

Health waivers are considered when you have medical conditions that would normally make you inadmissible to New Zealand. The assessment balances the likely costs of your condition to New Zealand's health system against humanitarian factors, your ties to New Zealand, and the availability of treatment in your home country.

Waiver applications require detailed evidence and expert reports. For character waivers, you may need police certificates, court documents, and evidence of rehabilitation. Health waivers typically require comprehensive medical reports and cost assessments. These applications are complex and benefit significantly from professional legal assistance.

Understanding the costs and timeframes involved in challenging a visa decline is essential for making informed decisions about your options. These factors can significantly impact your choice between appeals, reconsiderations, or fresh applications.

Immigration and Protection Tribunal appeals involve filing fees that vary depending on the type of visa and appeal. These fees are typically several hundred to over a thousand dollars and are non-refundable even if your appeal is unsuccessful. You'll also need to consider legal representation costs, which vary depending on the complexity of your case and the lawyer you choose.

Timeframes for appeals can be lengthy, often taking six months to over a year to reach a final decision. During this time, you may need to maintain temporary visa status, which can add to your costs. Reconsiderations are generally faster, often taking a few months, but success rates vary depending on the strength of your new evidence.

Fresh applications involve new application fees and processing times, but may be faster than appeals if your case is straightforward. However, you need to ensure you can address the original decline reasons before reapplying, as unsuccessful fresh applications can further delay your immigration goals.

Consider not just the immediate costs, but also the opportunity costs of delayed immigration outcomes. Sometimes investing in professional legal assistance upfront can save time and money in the long run by improving your chances of success.

While some people successfully navigate visa appeals and fresh applications without legal assistance, professional help is highly recommended in most cases involving declined visas. Immigration law is complex, and the stakes are often high, making expert guidance valuable for protecting your interests.

Seek legal assistance immediately if you're facing tight deadlines for appeals, if your case involves complex legal issues, or if you're unsure about your options. Lawyers experienced in immigration appeals understand the tribunal process, know how to present cases effectively, and can identify the strongest grounds for challenging decisions.

Professional help is particularly important for cases involving character or health issues, complex family situations, or business immigration matters. These areas often require specialist knowledge and experience that can significantly impact the outcome of your case.

Even if you decide to represent yourself, an initial consultation with an immigration lawyer can help you understand your options and the strength of your case. Many lawyers offer fixed-fee consultations for declined visa cases, allowing you to get professional advice without a large upfront commitment.

Remember that immigration lawyers don't just help with appeals - they can also advise on fresh applications, alternative visa pathways, and strategies for addressing the issues that led to your original decline. This broader perspective can be invaluable for achieving your long-term immigration goals.