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.
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.
To be eligible, you must have received a formal refusal of your residence application.
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.
Step 1:
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:
Identify any errors in law, factual mistakes, or new, relevant information that support your case for appeal.
Step 3:
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:
The IPT will review your case, and they may request additional information or evidence.
Step 5:
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.
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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.
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.
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.
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.