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Posted on February 12 2019

Immigration laws not fit for purpose: NZ Lawyer

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By  Editor
Updated May 10 2023

New Zealand

The immigration laws for business owners to obtain the New Zealand PR Visa are not serving the purpose. This view has been expressed by an Immigration Lawyer in New Zealand. The Lawyer added that the rules do not recognize the practicalities of running a business.

The New Zealand immigration laws do not permit the use of common sense, said the Lawyer. This is while adjudicating applications for New Zealand PR Visa added the Immigration Lawyer. This was with specific reference to the Entrepreneur Work Visa Scheme launched in 2013.

Immigration New Zealand recently denied PR Visas to a family running a restaurant in Auckland. The applicants were Nataliya Shchetkova and her husband Alex Derecha. They own St Heliers restaurant La Vista. The couple arrived in New Zealand with their 3 kids for purchasing a dining restaurant.

The couple is nationals of Ukraine and arrived at New Zealand on the long-term NZ Business Visa. They have now been running their restaurant for 6 years. The family applied for New Zealand PR Visas and their application was rejected.

The application was rejected in spite of their business having a turnover of $1.6 million in the previous fiscal year. They also employ 26 staff out of whom 17 are on full-time contracts. Their Visas are scheduled to expire on 1 July 2019, as quoted by the NZ Herald.

The Immigration Lawyer said that INZ must have room for some discretion while adjudicating PR applications depending on merit. The situation of Ukrainian nationals is common amongst those who arrive with Entrepreneur Work Visas, added the Lawyer.

A Spokeswoman for Office of Immigration Minister Ian LeesGalloway said that the case has not been referred to the Minister. Associate Minister of Immigration Kris Faafoi will oversee the special consideration appeal if referred to a Minister, she added.

Y-Axis offers a wide range of visa and immigration services as well as products to aspiring overseas students/immigrants including New Zealand Student VisaResident Permit VisaNew Zealand immigration, New Zealand Visa, and Dependent Visas.

If you are looking to Study, Visit, Work, Invest or Migrate to New Zealand, talk to Y-Axis, the World’s No.1 Immigration & Visa Consultants.

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