Mother forced out of NZ

[MotherBear]

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]

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]

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]

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]

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.

[KiwiHopeful]

Once again, sanity rules the day in NZ. Of course, I'm sure it felt like an eternity in coming.

Good luck getting your permanent residency, Rhonda!

[keeweegal]

Hi Rhonda!

Just wanted to say too & second what the others have said.

All the best for the future & hope to see you round here again soon

Sal

[Welshgirl]

Welcome to the forum Rhonda and thanks for your post

I'm not surprised you got a lot of support from the public - your case was most unfair and I'm glad it turned out well for you

Good luck with the future and hope to see you on here again soon

[Rhonda.A]

Hi everyone,

Please read the section marked with the # for full details.

Scince my last email I was informed that the Associate minister of immigration would be reviewing my case.
I recieved my final answer from the associate minister of immigration dated 8 June 2009, which states:

" I have carefully considered your submissions and I am not prepared to intervene. The previous associate minister advised you to provide certain information to Immigration New Zealand by 24 February 2009, yet you have not done so. I do not believe that an extension is warranted."

"I note you have been granted temporary permits while your case was before me. You and Willow are welcome to test your eligibillity for further permits ,but any applications will be assessed against normal policy. If you are unable to secure further permits, you will need to depart New Zealand."

"I will no longer be considering this matter,unless your circumstances change significantly."


- The certain information which had to be sent to NZIS by 24 Feb. is my medical certificate, I had saved the funds and booked the doctors appointment for 15th feb. On the 12th of feb I recieved word that my mother had suffered a heart attack. I had to cancel my doctors appointment and use the saved funds,aswel as a loan from work to travel to invercargil to be with my mother while she was in Kew Hospital's high dependancy unit.

-As for applying under the normal policy ,I have been repeatedly informed by the NZIS,scince I left my husband, that I do not meet normal criteria.

After almost 6 years of fighting to stay in New Zealand with my family, my fight has now ended unfavourably, as the associate ministers decision is final.

Due to the nature of this inhumane decision on the 23 October 2009 Willow and I will be forced to leave New Zealand and leave my Kiwi born son behind.
Willow and I will then, in affect, be sent to a country with no home, no income and no family.
As education in South Africa is a privellege and not a right Willow will be unable to attend school, due to the exhorbant school fees.

Willow and I are the only members of my immediate and extended family who do not hold our new zealand permanent residency,and with the associate ministers decision we will remain the only members of our family without that stability.

I cannot imagine a life without my children, but if I am forced out of NZ I will have no option but to sign over custody of my children to my mother, so that Willow can stay in NZ as I cannot allow willow to be sent to South Africa to become yet another starving child living on the streets.
Life without both my children is not worth living, but essentially that is the decision which Kate Wilkinson has given me.
How will I tell me children that they are losing their mother?

We have built a life here in NZ , a life of safety.We have embraced the Kiwi culture. If Willow is asked to sing her national anthem, she sings the new zealand national anthem in both english and maori. To Willow she is a New Zealander, this is home.


I beg of you to please help us.
You are our only hope,
Please save our family!








#You may remember my story, which featured on your show, as well in the Taranaki media, in September 2007. If not, please refer to the links below.



Mother forced out of NZ <http://www.movetonz.org/forum/whats-news/6291-mother-forced-out-nz.html>



Close Up: Immigration Reprieve (07:11) | Video | tvnz.co.nz <http://tvnz.co.nz/view/video_popup_windows_skin/1344581>



As a result of media input I was granted a 12 month work permit, with a view to Permanent Residency. My daughter, Willow, was granted a Student Permit. Since that time I have also had a further 6 month permit, this is due to expire on May 2nd 2009.



Current Situation:



· I AM A SINGLE, WORKING MOTHER. My Daughter, Willow, is now 7 and my son, Cail is almost 5.



· I am a South African Citizen





· I have been living in New Zealand for over 5 years. My Father is deceased. My Grandmother, Mother, Sister, Brother, Uncle, Aunt, Cousins and some other family member are all currently Residents of New Zealand.



· I am currently employed as a full-time cleaner at Taranaki Base Hospital. I gained this job after a workplace accident left me unable to continue care giving. NZIS then granted me an Open Work Permit (6 months ago) to allow for this change in occupation.



· As mentioned above; my work permit is due to expire imminently, as well as my daughter's student permit. I am unable to apply for Residency at present, as I am unable to fund the hundreds of dollars it will cost for the Medical Certificates, x-rays, blood tests etc. As a result I am currently applying for an extension of our current permits, to cover the time needed to gain the funds for residency.



· On Monday the 20th of April, I emailed Wanganui M.P, Chester Burrow, for assistance with the application for my work permit. Today I received a call back from Viv Chapman, who Mr. Burrow believes has the 'expertise required' to assist with my application. Ms. Chapman informed me that it was highly unlikely that my application would be successful for the following reasons:



o The current economic climate - my job can be performed by any New Zealander.

o It was 'apparent' to NZIS that I can't support myself and my family (the basis for this being that I am currently unable to pay for medical clearance for Residency)

o My working/financial situation has not improved.



While I agree that yes, every New Zealander can perform my job, the reality is that not everyone WANTS to perform my job.



I am a single mother who lives pay check to pay check, however, I AM PAID, and just because I am an unable to pay a large lump sum at present, DOES NOT mean that I am unable to support my family. My children are fed, clothed, educated, sheltered and loved. I'm sure that I am not the only person in New Zealand without savings and that is unable to pay out hundreds of dollars all at once.



My working/financial situation is unlikely to improve as long as I remain of short-term permits. Employers are hesitant to hire me on a long-term basis given the uncertainty surrounding my working status.







As it is 'highly unlikely' that I will gain this extension, come May 2nd. I will be unable to work, Willow will be unable to attend school and then I really will be unable to support my family. I will then be deported. Cail's Father, Tim Edwards, is still adamant that Cail is to stay in New Zealand, his country of birth. So, now I am once again faced with the gut-wrenching possibility of leaving my child behind.



I believe that NZIS have literally bought themselves the past 18 months of my silence. I am now back in the same position I was in September 2007. PLEASE HELP, New Zealand is the only home my children know and love.





Rhonda and Willow Aylward

Cail Edwards.

[MotherBear]

Very sorry to hear your situation hasn't resolved itself after all, Rhonda.

I guess you may have already looked into the chance of sponsorship by your brother or sister? There are various criteria to be met with this type of application, but is it a possibility? It seems alarming that you have so many family members already in NZ, but no one can help you, even just to assist by paying for your medical. In the event you were to get PR, you would still have needed to pay a lot of money to go through the application process. Have you looked into the prospect of finding a higher-paid job to get you out of this rut? I realise that wouldn't be easy in current times, but may be a priority to look into.

While I agree that yes, every New Zealander can perform my job, the reality is that not everyone WANTS to perform my job.

It would be up to your employer to prove that he/she can't find a kiwi to do the job. If that happened, you would be in a better position.