If Your Residence Visa Was Declined
A visa refusal can stop you in your tracks. After months of waiting, planning, and paperwork, a single decision can feel like the end of the road. But in most cases, it isn’t.
Behind almost every immigration refusal or delay, there’s context, sometimes complex, often human. And with the right approach, there are usually still ways forward.
We see it often: applications refused on technical grounds, medical concerns that can be managed, or paperwork that didn’t tell the full story. Immigration law can seem black and white, but real life rarely is.
If your residence application is declined, you have 42 days to appeal to the Immigration & Protection Tribunal (IPT). The Tribunal can look at the immigration officer’s decision and decide whether it was correct, something it cannot do for temporary visa appeals.
A residence appeal can be made on one or both grounds:
1. The decision was wrong under immigration policy
This means something in the decision wasn’t applied correctly or didn’t match the evidence.
2. You have special circumstances that justify an exception
Sometimes, even if the immigration officer was correct to decline the resident visa application because you failed to meet the instructions, the Tribunal can exercise its powers to grant residency as an ‘exception to instructions’. In such situations, key factors such as health issues, family circumstances, personal hardship, or long-standing connections to New Zealand can be taken in account by the Tribunal
This process is detailed, but it gives you a real chance for your story to be fully heard.
If Your Temporary Visa (Work, Visitor, Student) Was Declined
The temporary visa system works differently, and what you can do next depends on whether you still hold a visa right now.
If you still hold a valid visa (including an interim visa)
You may submit a Reconsideration Request within 14 days of the decline.
This request must:
- clearly explain why you believe the decision should be changed
- include all documents and evidence to support your case
- meet the strict 14-day deadline
It’s a paper-based process Immigration NZ will not call or interview you so the supporting evidence and clarity of the submission matter greatly.
If you do NOT hold a visa (or you miss the 14-day window)
You may be able to lodge a deportation appeal with the IPT within 42 days of becoming unlawful.
This appeal follows a completely different test. The Tribunal will not re-evaluate the immigration officer’s earlier decision. Instead, it will look exclusively at whether you meet the very high threshold for:
- exceptional humanitarian circumstances, and
- whether deportation would be unjust or unduly harsh, and
- whether allowing you to stay would not be against the public interest
This is a tougher test than the “special circumstances” test used for residence appeals which is why guidance really matters here.
If you submitted a reconsideration request and it is later declined, the 42-day deportation appeal period starts again from the date of that decision.
These processes can feel overwhelming, especially when you’re under pressure or time is tight. That’s when clear guidance makes a real difference.
When Health or Character Issues Come Up
Sometimes an application is derailed by something unexpected: a medical condition, a past conviction, or a technical character concern. In these cases, a health or character waiver may allow the application to proceed.
These waivers recognise that people are more than their records or diagnoses. With supporting evidence from medical specialists, employers, or community leaders, Immigration New Zealand can consider the full picture, not just one part of it.
For Employers Bringing in Skilled Workers
For businesses hiring from overseas, immigration compliance is now a crucial part of recruitment. Employers must be accredited, job checks must meet set standards, and every role must be shown to be genuine and fairly advertised.
We work alongside employers to:
- apply for or renew accreditation
- prepare compliant job check documentation
- liaise with Work and Income where required
Handled properly, these steps can save weeks of delays and ensure both employer and employee remain fully protected under immigration and employment law.
Immigration issues are rarely just legal, they’re personal. They affect families, futures, and livelihoods. That’s why we focus not just on the process, but on the people navigating it.
Our goal is always the same to find a path forward, restore clarity, and help our clients move on with confidence, no matter how complex the challenge might seem.