Five-Year New Zealand Work Visa Approved Despite a Two-Year Overstay History

The applicant became unlawful in New Zealand after his visa expired when he was in his early twenties. He remained in New Zealand for approximately two years before voluntarily departing in December 2012. No deportation or removal order was issued against him. More than thirteen years had passed by the time of the new application. Since leaving New Zealand, the applicant had not been involved in any criminal offending or further immigration compliance issues. He had built a stable family life, was married, and had two young children. At the beginning of the matter, the applicant considered relying on claimed painting experience that could not be adequately verified. We clearly advised that false, misleading or unsupported employment evidence must not be submitted. A previous overstay may be explained through a genuine character waiver request, but false documentation can create much more serious credibility concerns. Instead, we arranged for the applicant’s qualification to be assessed and reviewed his genuine education, experience and transferable skills. Based on his verified background and the employer’s actual operational needs, a Personal Assistant position was identified as a more appropriate and credible employment pathway. A comprehensive Character Waiver Supporting Statement was prepared. The submission acknowledged the previous unlawful stay, accepted responsibility for the past conduct, explained the applicant’s age and limited understanding at the time, and highlighted his voluntary departure from New Zealand in 2012. The submission also emphasised the significant passage of time, his clean record for more than thirteen years, his family responsibilities, his increased maturity and his commitment to complying with all future visa conditions. Immigration New Zealand accepted the application, and the applicant was granted a five-year Accredited Employer Work Visa for a Personal Assistant position in Auckland, with a minimum remuneration of NZD $30.00 per hour and at least 30 hours of work per week. This case demonstrates that a previous immigration breach does not always prevent a future visa approval. However, all relevant history must be fully disclosed, the explanation must be honest and supported by evidence, and the employment pathway must be based on genuine qualifications, genuine experience and a genuine job.