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Let's get me a lawyer.

Tobias
on 10 Mar 2021

Tobias asks

Hi Charlotte, I’m a licensed Immigration adviser and from Nelson. Happy to help, you can pay for services on contingency, so only pay if the work visa is granted. And don’t worry, I certainly won’t disappear on you! The right approach in your case is definitely under partnership, as long as your partner is an eligible partner.

Please just call or text me on 0278847269 and we can discuss matters and get things moving forwards. Nelson really needs chefs, so once you have a partnership based pathway sorted then you can get back in the kitchen.

As to your current volunteering, it’s quite tricky. The policy is that migrants cannot work as volunteers for gain or reward, but can work as volunteers while on a visitor visa, as long as they didn’t come to NZ intending to work as volunteers. For someone on a work visa, they can only work for their employer as per the conditions on their visa. We can discuss this further, but it may be best to hold off on the volunteer work until we get your work visa sorted out.

Kind regards,

Tobias

This question has not been answered yet.

Ted
on 7 Mar 2021

Ted asks

Hi Charlotte, you mentioned you had been in discussion with a lawyer before they disappeared, so you will probably already know this, but I was worried when I read the Stuff article where it states "Compton-Cook has until September 2022 before her visa expires. While she figures out her next move, she’s keeping busy, volunteering at an op shop and with Nelson charity Loaves and Fishes."

This may be a misunderstanding by the reporter, but if you think your original work visa issued until September 2022 is still valid, you are mistaken: it is not. As you are no longer working in the role the visa was granted for, you are not meeting the conditions of the visa and it is invalid. Now your new work visa application - and your request for reconsideration - was declined you need to apply for a different visa immediately. Seriously, immediately. You can apply for a partner-based visa, or a visitor visa, but for any visa to be granted you'll need a character waiver.

Again, you may already know all this, and the Stuff article may just have given inaccurate info, so sorry if I am overreaching.

Also if you are volunteering, make sure you receive NOTHING in return - not lunch, not leftover food, not a t-shirt, not a cup of tea. That would mean you were working unlawfully.

You do not need a lawyer for a successful application: they can't do anything you can't do yourself. Call the INZ contact centre Monday and they can give you your options - I strongly recommend you call between 6pm - 9pm. Avoid mornings.

Cheers, Ted

This question has not been answered yet.

Ted
on 7 Mar 2021

Ted asks

Hi Charlotte, you mentioned you had been in discussion with a lawyer before they disappeared, so you will probably already know this, but I was worried when I read the Stuff article where it states "Compton-Cook has until September 2022 before her visa expires. While she figures out her next move, she’s keeping busy, volunteering at an op shop and with Nelson charity Loaves and Fishes."

This may be a misunderstanding by the reporter, but if you think your original work visa issued until September 2022 is still valid, you are mistaken: it is not. As you are no longer working in the role the visa was granted for, you are not meeting the conditions of the visa and it is invalid. Now your new work visa application - and your request for reconsideration - was declined you need to apply for a different visa immediately. Seriously, immediately. You can apply for a partner-based visa, or a visitor visa, but for any visa to be granted you'll need a character waiver.

Again, you may already know all this, and the Stuff article may just have given inaccurate info, so sorry if I am overreaching.

Also if you are volunteering, make sure you receive NOTHING in return - not lunch, not leftover food, not a t-shirt, not a cup of tea. That would mean you were working unlawfully.

You do not need a lawyer for a successful application: they can't do anything you can't do yourself. Call the INZ contact centre Monday and they can give you your options - I strongly recommend you call between 6pm - 9pm. Avoid mornings.

Cheers, Ted

Charlotte

Dear Ted, thank you so much for your concerns but I do have a letter from immigration which states to the word "the expirery date of your current visa is 20/09/2022, if you are not eligible for a temporary visa you should arrange to leave New Zealand before your visa expires."

I have called to ensure these are the correct details as this has been flagged to me before, but fortunately this apparently is my situation. Thank you for your advice, any further advice would also be appreciated. Charlotte.

Charlotte Compton-Cook

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