Residence Appeals

Challenging a Visa Decision

Residence Appeals help individuals challenge a declined residence visa decision, seeking a reversal based on new evidence or legal grounds or referral to the Minister based on your special circumstances.

What is a Residence Appeal?

Residence Appeals offer applicants whose residency visa has been declined, a formal opportunity to challenge the decision made by Immigration New Zealand. By lodging an appeal with the Immigration and Protection Tribunal (IPT), you can seek a reconsideration of your case. The IPT reviews the appeal based on legal grounds, factual errors, or new, significant information that was not originally considered.

The appeal is a possible course of action for those who believe their application was incorrectly denied and offers a chance to present a fuller context or address errors that impacted the initial decision.

More Information:

Length of Stay:

Eligibility Criteria:

To be eligible, you must have received a formal refusal of your residence application.

Length of Appeal Process:

Appeals must be lodged within 42 days of receiving the decline decision. The timeline for the decision on your appeal may vary depending on the complexity of the case and the evidence provided.

Rights and Privileges:

Pathway to Residency:

Residence Appeals Process

Step 1:

Review Decision

Carefully read the letter from Immigration New Zealand detailing the reason for the visa refusal. The team at NZIL can help you review your case and assist with your appeal.

Step 2:

Determine Grounds for Appeal

Identify any errors in law, factual mistakes, or new, relevant information that support your case for appeal.

Step 3:

Lodge an Appeal

Submit the appeal to the Immigration and Protection Tribunal (IPT) within 42 days of receiving the decision, providing all necessary documents and evidence.

Step 4:

Tribunal Review

The IPT will review your case, and they may request additional information or evidence.

Step 5:

Receive Decision

If successful, the IPT may instruct Immigration New Zealand to reconsider your application or recommend to the Minister residence be granted as an exception to the standard residence visa criteria.

Step 6:

Step 7:

Step 8:

Webinars

Understanding the Residence Appeals Process

Learn how to successfully appeal a declined residence visa decision with expert insights from our webinar. We’ll guide you through the entire process, from identifying valid grounds for appeal to preparing your case for the Immigration and Protection Tribunal (IPT). Discover key tips, important timelines, and strategies to improve your chances of a successful appeal outcome.

Our Upcoming Webinars

Check back soon for our next webinar.

Get in touch about your Residence Appeal

Personalised visa assistance

Prefer to make a direct enquiry rather than attend a webinar? This option offers you personalised assistance tailored to your specific situation. By choosing a direct enquiry, you'll save time and receive expert guidance from NZIL’s team on your Residence Appeal. Whether you need help understanding why you were declined, preparing documents, or navigating the appeal process, we’re here to provide clear, customised advice every step of the way.

Frequently Asked Questions

Can I appeal a visa decision if it’s been declined?

Open FAQ answer

Not if you have applied for atemporary visa while you are overseas. In many instances, it requires a new application. If you are unsure there are rights of reconsideration. If you have applied for residency you can appeal the decision regardless of whether you have applied while you are onshore or offshore. There are however some specific situations where applicants can be prevented from appealing. It pays to get professional advice.

What is the appeals process and how long does it take?

Open FAQ answer

There are appeal rights for those who have had their residence case declined or who are liable for deportation. The appeal process is lengthy. You ought to get professional advice in regard appeals.

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