Each year, we see visitor visa processing times soar as more people plan to visit family and friends or explore New Zealand’s stunning landscapes during the upcoming holiday period. Immigration New Zealand ("INZ") has already been sending out reminders about the busy season ahead, but one thing they don't emphasise is the need for extra caution during this time.

Many travelers turn to travel agents or third-party agencies to handle their flights, accommodations, and tours, but some also make the mistake of trusting them with their visa applications. While it may seem like a time-saving option, relying on these agencies to submit your visa application can lead to costly mistakes, delays, or even affect your future travel plans. This is a common issue, and as lawyers, we’re called in only after the damage is done—when the application gets declined.

So in the spirit of the holiday season, here is our guide on how we can work together to avoid the "ambulance at the bottom of the hill" scenario.

Common issues – What we usually see

When visa applications are handled by someone without the proper expertise, we see three main problems:

1. ‍Incomplete applications: A visa application done by someone who is not a lawyer may miss important details or documents, which will only cause delays when INZ has to request further information. In a worst-case scenario, INZ can also decline an application because it is incomplete, without giving any further opportunities to provide the missing documents. This risks the application being "on hold" while they wait for a response, or being declined which means that you need to submit a whole new application, which only pushes back the approval and possibly ruins the travel plans.
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2. Declined applications: Even if an application contains all required documents, it may still be declined if it doesn’t provide enough supporting information. With visa applications submitted offshore, INZ has the right to decline any application if it doesn’t meet their requirements without even giving any opportunity to respond to their concerns. A decline isn’t just a temporary setback; it leaves a "red flag" on your record, making any future visa applications much harder to approve. One common reason for visitor visa declines is INZ’s belief that the applicant is not a genuine visitor. This means they may not be convinced the visit is truly temporary or they may question the applicant's ties to their home country, raising concerns about the possibility of overstaying. To avoid this, it’s crucial to ensure that every application presents strong evidence supporting the applicant's intentions and ties.
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3. False information: In some cases, agencies will try to get your visa approved by submitting fake information or documents. If INZ catches this, it can seriously hurt the chances of getting any other visa in the future. There will be a complicated and lengthy process required to request a character waiver for the next visa application, making it much more difficult to travel to New Zealand in the future.

While taking shortcuts might seem tempting, it is not worth the risk. A little extra attention and professional assistance can make a big difference. Every case is unique, and personalised advice is often necessary to properly highlight your ties and strengthen your application.

The role of lawyers in visa applications

By choosing a Lawyer to act as your immigration expert, here is what you can expect from the process:

• ‍Strategic advice: Immigration lawyers offer personalised advice based on your specific situation, helping you choose the right visa and gather the necessary supporting documents for a strong application. This can be especially useful when you have a complicated immigration history or a previously declined visa.
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• ‍Expert guidance: An immigration lawyer can help you fully understand the visa requirements and guide you through the complex legal language and paperwork involved.
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• Avoiding mistakes: Lawyers ensure that all forms are correctly completed and submitted on time, reducing the chances of delays or declines in your application.

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McVeagh Fleming's immigration team assists individuals, families, and businesses nationally and internationally. We speak a range of languages and are here to assist you at any stage of your immigration journey. If we can assist you and your families in uniting in New Zealand, please contact our Immigration team at visa@mcveaghfleming.co.nz.

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See our Expertise page:

Immigration

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