Mother forced out of NZ

MotherBear · #1 (**permalink**) 12-09-2007, 03:58 PM

Mother forced out of NZ
By LYN HUMPHREYS - Taranaki Daily News | Wednesday, 12 September 2007

A destitute New Plymouth mother is being forced to leave New Zealand, her family and her three-year-old son because the Government will not give her residency.

The mother of two is pleading with Immigration Minister David Cunliffe to bend the rules so she can remain with her son, Cail, and the rest of her family in New Zealand.

Rhonda Aylward arrived from Durban four years ago with her daughter, Willow, after her immediate and extended family emigrated here as skilled workers.

She met and married a Kiwi with whom she had her second child, Cail, and expected to call New Zealand home for the rest of her life.

The couple separated last year but, due to a recent change in immigration policy, Aylward's job as a caregiver is no longer recognised as a legitimate occupation for visa purposes.

To make matters worse, her young daughter has been removed from school because her mother is now an illegal alien.

"I am utterly terrified," Rhonda Aylward says.

" I am so angry at this Government for so readily separating a family and forcing me to return to a country where I have nowhere to live and no means of supporting myself.

"Why am I being punished? Why are my children being punished?"

Marrying a New Zealander does not automatically bestow residency on a foreign-born spouse. The father of Aylward's New Zealand son, Tim Edwards, of New Pymouth, says he will not give permission for his son to leave New Zealand.

While he says his former wife is a good mother, he is against her leaving.

He believes his child will have a better life in New Zealand, that Aylward no longer has anyone to return to in South Africa, and that she would have no means of support there.

Aylward said her application to Immigration New Zealand for a work and student permit was turned down last week.

She was told she does not meet New Zealand policy for residency and nor does her occupation as a caregiver qualify her for a work permit.

"Now I can't work and I have no means of supporting my family," Aylward said.

Her five-year-old daughter, whose father lives in the United Kingdom, has now been removed from school because she does not qualify for a student permit.

Aylward is appealing to the Minister of Immigration, David Cunliffe, to overrule his department's decision because of her personal circumstances.

The minister's press secretary said yesterday that both the minister and the Department of Labour were looking into the case.

Aylward has already lodged a claim with the Human Rights Commission.

She has also made a plea to Prime Minister Helen Clark. ?Daily News

From here .

Alison · #2 (**permalink**) 13-09-2007, 01:19 PM

It has been a big thing here, on the news and in the paper and just seems absolutely awful that they where going to force her out and to have to leave her son behind!!!!! doesnt bear thinking about

The good news is she has now been granted a visa, along with one for her daughter, I have heard 2 different things though so am not sure which is correct, one that she has been granted a 12 month work visa and another that the local paper is just saying she has been granted permission to stay, but not for how long or whether permanently .... I hope it is permanently otherwise the poor woman will have to go through the whole thing again in a year or so

MotherBear · #3 (**permalink**) 13-09-2007, 04:00 PM

Yes, it's great news, Alison. What a tremendous relief for the poor woman.

From other articles I've read about the matter, she also has other relatives in NZ.

Immigration reprieve keeps family together
By ROCHELLE WEST - Taranaki Daily News | Thursday, 13 September 2007

A South African-born mother who faced the heartbreaking prospect of being deported - without her three-year-old son - has won her battle to keep her family together.

Rhonda Aylward and her daughter were facing deportation, but a phone call from an immigration official changed all that yesterday.

"I'm unbelievably happy," Ms Aylward said.

"I couldn't stop saying `thank you, thank you' to the person on the phone. But I felt that thank you wasn't a sufficient enough word.

"It's such a relief. Honestly, it just feels like a huge weight has been taken off my shoulders."

The Taranaki Daily News took up Ms Aylward's case this week after it emerged that she would be sent back to her native South Africa because her occupation as a rest home caregiver no longer met immigration standards for a residency visa.

Her file ended up back on Associate Immigration Minister Clayton Cosgrove's desk on Tuesday.

Yesterday Mr Cosgrove saw commonsense and overturned a ruling by his department, Immigration NZ.

The decision means Ms Aylward can remain in New Zealand with her daughter, Willow (5), and son Cail (3).

The earlier immigration decision meant she would have to leave Cail behind because his Kiwi father would not allow him to leave the country.

It also means Willow can return to Marfell Community School today without having to pay expensive foreign student fees.

Ms Aylward has been overwhelmed by the community support since the family's story was revealed in the Taranaki Daily News.

Money and food packages had been generously offered, Ms Aylward said.

Watching her little brother Cail jump up and down with excitement, Willow said she couldn't wait to get back to school and see her friends.

She did not want to return to South Africa because she would have to leave her grandmother, who also lives in New Zealand.

Her mother had not had the courage to tell Willow the two would have been forced to go back to South Africa without Cail.

Ms Aylward thanked the Taranaki Daily News for championing her cause.

She believed the media coverage had forced the minister's hand.

Mr Cosgrove has decided Ms Aylward will be granted a 12-month permit to work as a caregiver at Rhapsody Rest Home, while South African-born Willow will receive a 12-month student permit.

"I have considered your situation carefully and it is my view that your case required closer scrutiny than that given by Immigration New Zealand," Mr Cosgrove said in a letter to Ms Aylward.

Mr Cosgrove also fast-tracked her permits and waived application fees.

The decision to give Ms Aylward a 12-month work permit extension can only help her cause to gain New Zealand residency.

Her residency sponsor, her sister Roxanne Nolte, has only been a New Zealand resident for 2? years.

In another six months, Ms Nolte will be in a position to legally sponsor her sister. Sponsors guarantee they will take care of the applicants, should they fall on hard times.

Ms Aylward's former employer, Paul Ekdahl, of Rhapsody Rest Home, was rapt to learn his valued employee, a team leader at the home, would be returning. "I'm very happy for Rhonda and her family. She can now get her life back on track."

He hoped the turnaround was a step towards Immigration NZ acknowledging caregivers were skilled workers.

"They are skilled. They have all been trained. By law they have to be."

This is Ms Aylward's second immigration victory. In 2004, Willow's father attempted to have his daughter returned to South Africa.

Ms Aylward ended up travelling back to her home country and successfully gained a court order allowing Willow to live in New Zealand with her and her extended family.

Willow's father now lives in the United Kingdom.

From here .

Rhonda.A · #4 (**permalink**) 14-09-2007, 08:06 PM

Hi!
Thank you for expressing concern for myself and my children, luckily we were granted 12 months permits, and at the end of that time hopefully the NZIS will of granted us our residency permits.
It's been long and tedious, and my first day back at work is on Saturday, yay!!!!
I finally get to earn some money.
The NZ public has been awesome once they were made aware of my situation, people have been anonamously donating food to my children and I, People like these remind me why I am fighting so hard to stay here.

Yet again - Thank You
Rhonda Aylward

MotherBear · #5 (**permalink**) 14-09-2007, 08:14 PM

Hi Rhonda,

to MoveToNZ. Great to have you with us and wonderful to know that it looks like you'll eventually be sorted with residency. Hope life is good to you and your family from now on.

Good luck.