Recently, I represented a client, who needed a work visa to travel to NZ with a group of young school students, who are attending a three-month long school holiday programme organised by the client’s private language school domiciled overseas.
INZ has had a previous dealings with the client and had a question mark all over the client’s previous immigration history. The client was refused entry prior to engaging me for a work visa required for the holiday programme.
Received the application offshore, INZ had all the power to decline the application based on the questionable bona fides. Nonetheless, it turned its mind on the legality of the students’ holiday programme organised by the client. At issue was whether the holiday program required course accreditation from NZQA and/ or any compliance with the Code of Practice of Pastoral Care for International Students (the Code).
The issues were questions of law that required interpretation of relevant legislation including Education Act and the Code. As an immigration lawyer, I had to draft a thorough legal submission on how the client’s purported holiday programme was exempt from those legislative requirements suggested by Immigration Department. Eventually, INZ agreed with my submission and granted the client a work visa despite its grave concern on the bona fides.
Had I not been legally trained, I would have had no clue on how to approach the issue, which was critical on the outcome of the application. This was an example that goes to show why you want to hire a legally trained representative acting for your immigration matter rather than the licensed immigration advisors.