[Leccy-Lee]

Ya its that time again,
Leccy-Lees trials and tribulations of attempting to stay in the country on a ludicrously tiny budget and other circumstances! And if you have missed previous instalments of this exciting and yet terrifying saga where have you been! I will serialise it in a book when i get time in prison for being an illegal immigrant! :wah
(So glad i got a sense a humour still about it!)

Anyway quick recap, I have a current work permit that expires in 4 weeks time! I being me and wanting also to leave it as late as possible for both medical reasons and financial reasons had planned to apply for a new work permit 9 weeks before this one run out (so planned to 5 weeks ago). BUT one thing let to another and I am still waiting for my police certificate back, i posted it off to them 3-4 weeks ago and when i called them today in UK i was told "theres a delay on your certificate and it maybe another 2-3 weeks processing it" which evidently means its likely to get to me here about 5-6 days before my current visa runs out. I have the paperwork all ready the fee money saved and the medicals booked for next week (god help me!) Its that darn certificate.

So i telephoned NZIS on there helpline explaining the above, and the girl wouldn't really give much help, she said i should not send in my application without the police certificate as it would be rejected. But then changed her mind and said i could "try" sending it with a letter explaining why its late and hope the officer that gets it starts the process, although she said it was unlikely. Then she said that if i do apply a week before my current visa runs out i will become an "overstayer" and then have my permit declined on that reason anyhow.

Then she went on to say that once i become an "overstayer" i could try applying for a permit under "Section 35a" which is designed for those wrongly in NZ without any permit to be and maybe i would be granted a permit then, but again its all ifs and buts and maybes...

So where do i go from here? Somebody today mentioned i apply for a bridging visa? But i can see no such thing on any NZIS website or files? Do i find an immigration lawyer and at what cost? Do i wait for all my paperwork and apply for my permit and become an overstayer in the process and see what happens (most likely option as no other choice)

Anyone any experience on this? IE: A permit expiring before you can process a new one etc? Section 35a even? Lawyers? ah choices, choices.

Did make me chuckle when the NZIS girl suggested "maybe you could pop back to UK and finish paperwork and then return" LOL LOL ah yeah i have a spare $3000-$4000 and the time to give up my home and job etc etc yeah right! (As Tui would say :) )

So hows it feel to soon have an Illegal Immigrant on the forums! :(

[Helsandfamily]

Oh Lee,

Sorry that you are having such a hard time, then I guess nothing is easy in this process. Keep that sense of humour going, and good luck

hels

[zardell]

So hows it feel to soon have an Illegal Immigrant on the forums! :(



I doubt it will come to that Lee. I sure hope it won't anyway.

Just submit what you have with a covering letter and let them have the police check as soon as you get it. If you have confirmation of your request from the UK police, submit that as well.

Good luck.

Julie

xx

[Leccy-Lee]

Sure if i asked London for a letter explaining delay i would have to wait 2-3 weeks for that! LOL /sigh

Hels, to be fair i probably bring it on myself, i tend to live life the hard way, ah well if you dont laugh you cry eh!

Of course all this doesn't include me being way over BMI threshold for medical either. Shucks... Best i move to a reclusive shack in the south island!

[jubjub]

Lee, I think it was timbo had problems and was technically an overstayer for a bit, he wrote to his local MP about the whole saga (if i remember correctly) and that seemed to shift something!

Can you go to the Welly NZIS office in person and dont move until you speak face to face with a proper immigration officer?

Not much help am I?? But I did think of you the other day for some reason and your visa probs...

[lockstock]

We're all with you Lee. If you do decide to 'go underground' remember there's always our garage. I'm sure Duke and Lenka would love to have you as a room mate!

Let's hope the police check comes in time. Do you think it may be worth going to the Immigration office in person and talk face to face with someone? Monkeys and organ grinders and all that?

[Potato]

Can you go to the Welly NZIS office in person and dont move until you speak face to face with a proper immigration officer?


I doubt that would work.

I think you're allowed to make statutory declarations with regard to having made reasonable attempts to get a police certificate, get it done by a solicitor or something to make it look official.
You could make reference to the fact that the UK has implemented their new *pilot* scheme and that it has caused you difficulties in retrieving the police certificate.
Do you happen to have your old one still around? (That you used for your current visa). Or do an NZIS branch have it?
If you could somehow get a hold of that, or get NZIS to dig it up for you, then it would surely help. If you have a clean character from x years ago, and you haven't even been back to the UK in the meantime, then it's pretty clear that you haven't gone committing any crimes back home and just trying to escape!

And when you finally send off your application, make the rest of it as perfect and organised and well-presented as possible, make it so that you make your case officer smile (they are people after all....well some of them! ;) ).

[Leccy-Lee]

Sadly the last time i visited in person i couldnt get any further than the desk clerk who advised "to call our helpline"..!

And sadly the police check cant now come in time, NZIS have said this themselves today, if submitted fully today it would not process until AFTER my current permit has expired, and there is no fast track it seems, its obviously procedure that all applications need to spend 2-3 weeks in the "in tray" before being opened!

So its looking 95% certain i will be an illegal overstayer shortly, and where from there is the question.

I did look at Timbos posts, but as he had a case officer and a application etc in the pipeline its a little different. NZIS have no records of me, i have no officer and nothing to show i was applying. They simply see an overstayer thats hasn't applied in enough time.

[Leccy-Lee]

Do you happen to have your old one still around? (That you used for your current visa). Or do an NZIS branch have it?


Sadly i have never done one before, i have only been in NZ 11mths and you dont need one until you been here 12mths. My current visa is a rare unusual visa thats off the radar (even NZIS mostly havent heard of it until they dig in there dusty folders on the top shelf). And wasnt even issued by NZIS themselves.

The statutory declaration i was told by girl on helpline today is purely if you "cannot" obtain a certificate, and as she said i can obtain one, just need to wait. :o

Great ideas though... You sure NZIS are human? Certainly nobody i yet spoken to seems to be.

[Potato]

Sadly the last time i visited in person i couldnt get any further than the desk clerk who advised "to call our helpline"..!

And sadly the police check cant now come in time, NZIS have said this themselves today, if submitted fully today it would not process until AFTER my current permit has expired, and there is no fast track it seems, its obviously procedure that all applications need to spend 2-3 weeks in the "in tray" before being opened!

So its looking 95% certain i will be an illegal overstayer shortly, and where from there is the question.

I did look at Timbos posts, but as he had a case officer and a application etc in the pipeline its a little different. NZIS have no records of me, i have no officer and nothing to show i was applying. They simply see an overstayer thats hasn't applied in enough time.

Yes, I forgot about that, Wellington office has some sort of standard "waiting list" into which every visa application gets entered.

Damn....what to do.

I would try every avenue to try and skip that waiting list. Explain your situation by email....phone or whatever and see if you can get past it.

And remember that once they receive your application, technically you will have an application in progress.
I don't know if this is the case for Welly, but in London for my WV:
I applied, and got a letter back two days later with a receipt for the fee and an application number despite the fact that I was *not* allocated a case officer at that point (I was put on a waiting list).
Now, surely having this sort of stuff would make your situation look better. You may end up being an overstayer, but having an application in process, with fees paid and a number is better than nothing.

As soon as you have your medicals back I would apply. So in the meantime I'd get to work on the declaration of attempting to get a police certificate. Include any correspondence from the UK on this matter.

Good luck

[Potato]

The statutory declaration i was told by girl on helpline today is purely if you "cannot" obtain a certificate, and as she said i can obtain one, just need to wait. :o



I wonder if what they say on the phone is "gospel". The fact that its some absurd pilot programme which was only introduced a few months ago and clearly has many teething issues must surely count in your favour.
If I were in your situation, I would go for the declaration and ignore what she said. It shows that you have tried and that you are having problems, and it also allows you to get the process kick-started, which is good from your perspective.

[Leccy-Lee]

Yes indeed i think thats my plan, i will apply next week "without" the police certificate and add a covering letter instead. At least whatever happens i can say " well i tried an application on such a date"

Fast tracking the waiting list would be good, hence i was thinking of a immigration lawyer who claim things like that, but sure i couldn't afford a suit (the lawyer that is) anyhow! lol

[Rabbit]

Leccy

Perhaps a long week-end in Sydney/Brisbane/Melbourne returning on a tourist visa until things are sorted out?

Just a thought.

Rabbit

[zardell]

Leccy

Perhaps a long week-end in Sydney/Brisbane/Melbourne returning on a tourist visa until things are sorted out?

Just a thought.

Rabbit


Oooh - am I getting a visitor Lee??

Julie

xx

[Leccy-Lee]

Oooh - am I getting a visitor Lee??

Julie

xx

I would love to Julie, and believe me i have considered it. Alais i have had to save cash for a while just to meet the smallish fees for visa and the medicals, so a $700+ trip to Oz really isnt an option unless i do a bruce willis and hang on to wheels! And i have no idea how returning to NZ as a tourist would work when i wouldn't have an outward ticket? And as a tourist i would have no income, become homeless etc etc, no sadly would be great but alais no, by tiny budget i mean counting the coins in my pocket at the end of each week! :o

Have been reading loads small print and info on Immigration and NZIS past couple hours, prognosis is about the same! Even on the Permit form it says in Huge Bold letters "You must lodge your application if in NZ in ample time for this process, if your current permit expires during the process you will be classed as unlawfull".. So there clear there then!

Basically i can see absolutely no way of avoiding becoming an illegal overstayer :wah :wah Its just really going to be a case of whether they will then let me stay and grant a permit or serve me with a removal notice i suppose..

[dusk]

yikes! best of luck getting things sorted Lee!

[Alan]

Just a silly thought but what would happen if you went for the weekend to Oz and then came back on your UK passport, would you not then have 6 months on a visitors visa?

[mgbridges]

Oh Lee, I'm so sorry for you and your visa hassles. A friend of mine has had a similar saga trying to stay in Oz and has done all sorts to stay - become a student, done a hair dressing course and has now purchased a business. Is there any other kind of visa/permit you could apply for that doesn't need as much paperwork or that you could submit without the police cert?

Good luck with it all,
Anneliese

[Jo Jo]

Fast tracking the waiting list would be good, hence i was thinking of a immigration lawyer who claim things like that, but sure i couldn't afford a suit (the lawyer that is) anyhow! lol

Hi Lee,

Have you tried contacting your local Community Law Centre (http://www.communitylaw.org.nz/Wellington.58.0.html) to see if they can help you? Or the Citizen's Advice Bureau? (http://www.cab.org.nz/bureaux/loc-central.html)

Good luck.

[Red Devil]

Lee... Potato's comments are spot on... just try and stall them, stating that the Subject Access Reports and Enhanced Disclosures you've applied for has got mixed-up and confused with the introduction of ACPO Police Checks in the UK... worth a try :cool:

Just a shame you've not got an old Police clearance for referral, as all they'll have to do is simply check on the NZ Police system to see for any convictions and give you some grace until the UK Police clearance arrives.

Good luck with it all :nice1

[Leccy-Lee]

I have an old "Enhanced Disclosure" from 2006 that a UK employer did for me? Worth showing them that you reckon even though its nothing related and two years old?

[pinkpiggy]

I have an old "Enhanced Disclosure" from 2006 that a UK employer did for me? Worth showing them that you reckon even though its nothing related and two years old?

Worth a try. I work for an organisation that requires staff to have police checks and these have to be renewed every 3 years. I know it's not quite the same situation but any port in a storm and all that.

I think I would go ahead and submit your application once you have your medical report, with a covering letter and enclose the Enhanced Disclosure. I would defo go and see a lawyer, as per previous post. At least you will be doing something which has got to be better than not doing anything.

I have my fingers crossed for you.

[Kim39]

Bit of news Lee.

We had issues similar to yourself only on a WTR, we where transfering from a work permit to WTR, but were only told the day before our visa ran out that we needed a new plolice check, to cover the 3 months from getting the first one to entering NZ, but were also told that we had 42 days to leave the country after the original visa ran out, but couldn't work. After a lot of discussion we were allowed to extend our current visa until the police check came through, as soon as it did we passed it straight to immigration, who then finished processing our new visa, I would suggest that you submit your application, along with a covering letter explaining that you are waiting for your police check to come through, get a case officer, then pass it straight to them when it comes through.

Kim

[JandM]

All the best, Lee.

[Debbie]

All the best lee.
Just my thoughts... You may not be able to afford a lawyer but a letter written to NZIS setting out in the best possible spin how you have endevored (sorry my spelling is shocking today) to apply on time and abide by the laws but have been unavoidable delayed. Document your numerious and timely attempts to contact them and seek their professional advice on avoiding this unfortunate situation. cc this letter to your local MP (as long as he's not NZ first) with a covering letter on how you are a good citizen working and supporting yourself blar blar. A letter / reference from your employer won't hurt.
It would just show you are trying really hard to play by the rules, you are not trying to deceive or cheat and they haven't been good public servants with the standard of advise they have given you.
Citizen advice can be a good source of free legal advice.
I hope it works out for you but get legal advice from somewhere. Being an overstayer without some form of 'permission' from NZIS can seriously muck your plans for this country and others in the future.

All the best Debbie

[KerryS]

Lee - I've been in a very similar situation. I managed to resolve things, and am still in NZ several years down the track! I'll send you a PM with all the details if it will help.

[Leccy-Lee]

Would appriecate that thanks, Thanks everyone for advice and thoughts...

[Leccy-Lee]

UPDATE:

With only 3 weeks until my current visa runs out and me still waiting for Doc from UK and NZIS not being any help to me when i ask for advice i had to tell my boss the problems.

Long and short of it is, he has now employed and fully funding a well respected immigration lawyer in Wellington to work my case and he is even funding them to get me firstly an extension now and then full PR..! :)

Having spoke to the lawyer today who said to me that he had just got off the phone to the head of Immigration (spose its who you know eh!), he said he was very confident he could have me a new permit within two weeks barring any problems with my medical results, and he said PR should be sorted within 7-8 weeks easy.

So i dont recommend people use lawyers or agents myself, in fact i feel ashamed to use them when its easy paperwork to do. But when someone with the right contacts can do all the work for you, and your employer gets the bill then who am i to complain? LOL

So heres just hoping my medical results and BMI etc dont get in the way, although he assured me those can be negitated with Immigration without much fuss.

So nice letting someone do all the work..! I wont mention the incredible fees they cost though! Think i might be working hard for a while....!

[mgbridges]

Yeah thats great news Lee! :clap Certainly shows that your employers value you and don't want to loose you. Good luck and I hope it all works out positively.:nice1

Anneliese

[jubjub]

Lee, thats good news and your employer obviously has a great deal of respect for you/your work, or he would not be going to all this trouble for you!

Fingers crossed....

[andrewp]

Wow - great news Lee. Good luck.

[zardell]

:raebanana:raebanana:raebanana


Excellent news Lee.

So very, very pleased for you.

Time for a few of these eh?

:cheers

Julie

xx

[JandM]

That's fantastic news, Lee.:cheers Congratulations on how well you must be doing in NZ for this to happen.

[cappuccino]

Great news Lee - fingers crossed it all goes smoothly and quickly.

And well done on the blood test!

[Caroline and Dave]

Thats great news Lee. You must have a very good boss and you must be a very good worker.

Dave and Caroline

[BaldyBeardyBloke]

Lee, as discussed via PM, well done, this is the right track for you to be on at the moment.

This is just a public congrats from me for you getting this far through the jungle.

With a supportive employer and working history in NZ you'll sail through the immigration process, although I doubt that'll make you stress out any less.

Now, you've had your blood test too, so have a big glass of cider and get some sleep!

[jackie m]

Yay Lee :cheers:cheers Sure it will be all good keep us updated

Jackie x

[Genie]

Great news Lee, phew I can breathe again. :laugh :cheers

[Mels]

Fantastic news and what a supportive employer.
Had the blood tests so go enjoy a few of these :cheers:cheers

Mels

[Kate D]

That must officially make today one of your best! Really Great news!

At this point in time, if your boss is prepared to pay, it speaks volumes about how he values you, and it's a good time to accept a generous offer.

Keep living the dream a bit longer, eh? :raebanana :clap :cheers

P.S. Still think the book of your trials and tribulations, serialised version, would be a nice little money spinner.:laugh

[Silverwing86]

Great news Lee, congratulations :raebanana:cheers, here's hoping for plain sailing from here on in !

And very well done on your blood test as well, kudos to you for facing your fears and beating them :clap:clap !

Cheers,
Silver

[JayBee]

That's fantastic news. You must have a really good employer who values you.
:cheers

[Kerry and David]

Well done Lee:cheers:cheers

[dusk]

that's great news Lee, best of luck :)

[benandclare]

Fantastic news Lee, good on ya employer for helping out, sounds a cool guy :nice1

Here's to plain sailing for the rest of the process and some lovely blue sticky things :clap:clap

[BigRod]

Good news Lee!!

... when you receive your new Visa do ya fancy celebrating with a 'few' beers down Molly Malones or Macs Brewery?

Rod

[Leccy-Lee]

Damn right mate sounds good! :)

[Jo Jo]

Only just read this, Lee - congratulations, and good luck!

[Moorf]

I have only one thing to say..... WHEW!!! :cheers

[Leccy-Lee]

Too early to celebrate yet! But thanks, right now i still got 16days before i am an overstayer! and Illegal Immigrant ... :-/

[Moorf]

Got no family working for Immigration then? :D

[M-Squared]

Many congrats Lee! So who can come to the celebratory drinkies then? :D

Got no family working for Immigration then? :D

:laugh