PJ (Permanent Residence) [2023] NZIPT 206646 (Residence appeal)


The appellant was granted a second resident visa through a special direction from the Ministry of Immigration. However, due to poor legal advice from her former representative, the appellant only stayed in New Zealand for a short period of time and did not return before her resident visa expired. Her husband spent almost two and a half years in New Zealand since their residency was granted. Although the appellant's husband had spent the required time in New Zealand, he was unable to file his own permanent resident visa application as he obtained residency as a non-principal. As a result, the appellant lost her residency when the travel conditions expired.


The appellant lodged the residence appeal on the ground that her circumstances are special such that an exception to the residence instructions should be considered.


The tribunal found that the appellant has a strong familial nexus to New Zealand through the appellant’s New Zealand citizen parents. Also, the appellant has the potential to contribute to New Zealand through her employment and ongoing care and support to her parents. In addition, the tribunal found that the appellant’s husband met several criteria to be granted permanent resident visas. However, these were contributed through the non-principal applicant. Accordingly, these could not be considered by INZ.


The tribunal was satisfied that the appellant’s circumstances were special, such as to warrant a recommendation that the Minster of Immigration consider making an exception to residence instructions. This means the tribunal recommended that the Minister of Immigration consider granting the appellant and her husband a residence-class visa through a ministerial decision.