SOS! Having difficulties with student visa! Help!

[kakiNZ]

Hi there,

Since my work visa was declined in April, i have moved forward my further study plan for Master program and i start applied for AUT university and I'm applied for student visa lately. And I have got this feedback from my case officer.

And i think the officer has pre-determined prejudice on the decision. The following is from my case officer.

We have completed a first assessment of your application. Before we make a decision on your application we would like to give you an opportunity to provide us with further information:

We note from our records that you had previously applied for work visas and had been working in New Zealand. You last applied for a work visa in February 2011. After it was declined in April, you applied for this student visa. Your previous immigration history and work visa applications showed your intention to work in New Zealand. As such, we are concerned that you may not be a genuine student and that you applied for a student visa which will have work conditions in order to work in New Zealand.

Is anyone has any idea how should i prove that my intention is genuine?

Advise will be appreciated.

thank you

[SteveyC]

I would think that an acceptance letter from your chosen study organisation would be sufficient. You may also need to prove you have sufficient funds to support yourself whilst studying.
Can I also ask why they declined your work visa application if you were working?

[kakiNZ]

I would think that an acceptance letter from your chosen study organisation would be sufficient. You may also need to prove you have sufficient funds to support yourself whilst studying.
Can I also ask why they declined your work visa application if you were working?

Hi SteveyC,

I have submitted to INZ my postgraduate acceptance letter and have given INZ the official tuition fees receipt and i have shown them i have sufficient financial support and still they are questioning my intention to be a genuine student.

They declined my working visa because there are New Zealanders who can perform my job and question my employer does not show genuine attempt in hiring Kiwi.

thanks for your concern anyway.
http://www.movetonz.org/forum/images...es/smiley4.gif

[SteveyC]

So you sent the receipt for tuition fees before you had that response? Seems very odd that they would even ask for proof of how genuine your intentions are.

This is gonna sound rude, but when they say 'immigration history'? You haven't overstayed or got into any otehr trouble with INZ have you? Don't see what grounds they have to decline really.

Bit baffled, sorry I can't help more.

[kakiNZ]

Hi StevyC,

Yes, it is really painful! Even i have work history in New Zealand, but i have never had a bad work history like overstayed, illegal works, or any offences in NZ. Never get drunk and get into trouble at all. I have been a good civilian in NZ.

They question about my intention because of the work visa that they declined recently. Working was my intention before they decline my visa. But since they have declined it, what else can i do? I just have to accepted it and move on! Life goes on and plan has to change accordingly! So, i chose to move on with my long planned further study in NZ, i got accepted by their public well known university - AUT and i applied for the student visa and because i have choose the work option in the student visa application that allow the eligible student to work 20 hours a week, they have this predetermined & misleading judgement that i apply for student visa with work option in order for me to work in NZ!! whereby the option is there in the application itself for the eligible student to choose! And i think it is there for a reason! It's so ridiculous! Why would i spend $27K to NZ and work for 20 hours a week? How long it will take me to earn it back? Their judgement is simply prejudice and illogical. I felt like I have been judge like a criminal offender! If my intention is not to be a genuine student why would i choose such an expensive program? I could have chosen lower level course with cheaper tuition. But now what i have chosen is a 2 years Master program (Master of Forensic IT) and it is in a absolute shortage field!

Well, case officer has the right to question my intention but they have to justify it in a logical, fair and natural way. How would i make them to believe my intention is genuine if they already have predetermined jurisdiction? I just sincerely hope that they can justify their fair and natural judgement.

That's why i am here to find out is anyone having this kinda difficulties before. Or giving me some idea to prove my intention to be a genuine student.

I have given INZ my emails records. Since 2009 i have been contacting schools to find the right schools and right program which suits me and during this time i was still working there in NZ. I hope this can help them to justify my intention to be a student is simply genuine.

This is totally insane. Thank you all for sharing.

[kakiNZ]

by the way, is anyone know where and how to file a complaint regarding the immigration decision? I would like to file complaint on INZ subjective and prejudice decision. Please any information will be appreciated.

Thank you all for helping out.

kakiNZ

[Taffy]

I think your case is set out in what you put above:- Why would you choose such an expensive and high level course if your only intention was to work.

Don't take the decision to heart, INZ deal with thousands of applications, and a good number of those will be people who are looking to cheat the system. Your application is a trigger for them - declined application followed by alternative application. This, sadly, leaves you in a position of having to prove yourself. Don't let it get to you, state your case and go from there. If they decline your application, they will provide the appeal process information for you to take it further.

[kakiNZ]

I think your case is set out in what you put above:- Why would you choose such an expensive and high level course if your only intention was to work.

Don't take the decision to heart, INZ deal with thousands of applications, and a good number of those will be people who are looking to cheat the system. Your application is a trigger for them - declined application followed by alternative application. This, sadly, leaves you in a position of having to prove yourself. Don't let it get to you, state your case and go from there. If they decline your application, they will provide the appeal process information for you to take it further.

Hi Taffy,

Thank you for your helpful information. I think i will just have to relax and wait patiently and see what's the outcome and go from there. I'm sorry for my emotion. I just felt panic when i received their respond and I'm afraid that my long planned further study in New Zealand will be ruined.

ok....for now i will try to take a deep breath and relax...

[MotherBear]

Good luck, KakiNZ!

[kakiNZ]

Good luck, KakiNZ!

Thanks MotherBear....