Don't Miss The Boat

When it comes to visa applications, there are very few things more important than timing. Of course you have to have all the right documentation and meet the necessary criteria, but in almost twenty years of doing this, timing is the one element that trips people up more often than not.

For some people, getting the application lodged quickly is important, but for others it pays to take your time. Trying to figure out which, can be a bit of a minefield and ensuring you don’t miss the visa boat is absolutely crucial.

Pace Yourself

For the most part, lodging an application is about speed - the sooner you submit your documents and details, the sooner INZ can make a decision and of course with INZ’s ability to bend time, and operate as slowly as possible, being quick off the mark with your application can be a big advantage.

However rushing, can often lead to mistakes, so despite feeling like Usain Bolt as you fill in your application form and gather your paperwork - slow it down a notch or two. A well lodged application, even if it takes a bit longer to prepared is going to be processed far quicker than a rushed, messy one. For example if you sprint to the finish but miss a document, INZ may not pick up on that until much later, they then have to request that from you, you have to send it back and then they have to assess it - adding several days of back and forth to the process.

Of course, some people don’t have the luxury of time and when your current visa is about to expire, or your medical is about to lapse or any one of a hundred or more reasons, might push you to being in the 11th hour club. My advice is to try and plan ahead as best you can. Make sure you think about your next visa at least two months before the current one is going to fizzle out, giving you plenty of time to prepare, without the cold-sweats taking hold.

Bear in mind also that with most applications being filed online now, there is room to submit your application with some items missing, for example if you are waiting on a Police Clearance, but you have to submit today, you can potentially file with proof you have applied for that Clearance. Because applications are submitted online and therefore received and paid for instantly, INZ technically can’t send it back and then you can submit your missing paperwork later on.

What If My Current Visa Expires

Thankfully we have a process to keep people lawful (and sane) if they submit their new temporary Visa just before the current visa expires - we call this the interim visa process. Let’s say your visitor visa expires tomorrow and you submit your work visa today, there is obviously very little chance that the work visa will be processed in time.

However, because you have submitted your new application before the current visa expiry date, INZ will issue you an interim visa, which is designed to keep you here lawfully, whilst your new visa application is being processed. Interim Visas do come with some strings attached however.

• An interim visa is valid for six months or until the date your application is decided.
• If your application is approved, the interim visa ends on the date of approval of your new Visa.
• If your application is declined, the interim visa remains valid for 21 days from the decline date.
• Interim visas do not contain travel conditions, so if you leave NZ, the interim visa disappears.
• You cannot lodge another temporary visa whilst on an interim visa.
• Interim visas come with different conditions. Generally speaking if you are applying for a visa that is different to the one you are one (different type or different conditions) then your interim visa will allow you to remain as a visitor.
• Interim visas are not “automatic”. Although almost everyone does get one, there are occasions when people may not receive one, particularly if INZ has any flags or alerts on your file.

It is also really important to understand that interims are generally only granted for temporary visas, e.g. you hold a temporary visa and are applying for another one. There are very few situations where lodging a residence application, entitles you to an interim visa, so you have to make sure you keep your temporary visas up to date, even if you have a residence application pending.

Anchors Away

Sometimes, despite the best planning in the world, your visa cruise has set sail with you firmly onshore. Even the best laid plans can fail and applicant’s do find themselves without a visa and very few options to fix the situation. In this case, it pays to seek specialist advice, because if you are here unlawfully, then you fall in to the potential realm of a Section 61 application.

People here unlawfully have no right to file a further application for a visa and the only option is to make a request under Section 61 of the Immigration Act. This request is made to INZ directly and the decision is at the absolute discretion of the decision maker. In fact, you can file the request, and INZ is not at all obligated to even consider it.

For these situations, you need to call in the heavy artillery and get specialist advice on your options and how to present such a request. These are not for the faint-hearted and the best way to deal with these is to avoid ending up in this situation at all.

Plan Ahead

There are also times when rushing to lodge an application might actually work against you. I spoke to an applicant yesterday who was intending on filing a partnership based application and wanted to do so, very quickly - she was obviously very keen to change her visa status and also keen to get to work. She holds a visitor visa with a few months left to go and had only been living with her NZ based partner for about seven weeks. My advice top her, was to wait and hold off for a little while longer, giving her time to accumulate more relationship evidence, before submitting.

When to submit and how quickly to do so will ultimately depend on your circumstances, your eligibility and the deadlines involved, but there are times when it pays to be more strategic, than simply throwing your hat in to the visa processing ring. It can feel good to get the application of your back, but in doing so, you might have created more work for yourself down the line.

My final thoughts for the aspiring applicant are to think about the following as you plan your move here or if you are already here, how to stay:

• Keep a record of dates - not just your visa expiry date, but the expiry date of your documents.
• Establish your longer-term visa options and map out the order of events. It is much easier to plan if you know which visa you can and should apply for.
• Give yourself at least two months before your expiry date, to start preparing for the next application.
• Do everything you can to avoid being a member of the 11th hour club. Save yourself the time and grief, as well as the risk of missing the boat.

Ultimately planning and timing is the backbone of a good advisers artillery and the thing we focus on the most - making sure that no deadlines are missed, and that your applications are prepared in advance, and on time.

If you considering the move and looking to set sail for NZ, let us captain the ship for you - starting with a thorough review of your visa steps, and all of the timelines that need to be managed. Contact us today to find out more.

Until next week.