Special Directions work in situations where New Zealand immigration laws prevent you from qualifying for a visa. The Minister of Immigration has discretionary powers for issuing Special Directions to overcome the blocking regulations.
You have been running from pillar to post to get a New Zealand visa, but there is something in your background or situation that disqualifies you from being eligible for one as per the immigration law. Not only that, but you have also tried looking into the options offered by the INZ (Immigration New Zealand) such as Medical Waiver and Character Waiver to see if these can help you overcome the hurdles, but your circumstances are beyond these remedies.
Well, what you need is a Special Direction.
Special Direction Overview
New Zealand Immigration policy empowers the Minister of Immigration with some discretionary powers to handle exceptional circumstances. One such discretionary power is the issuance of Special Directions.
Special Directions can be issued to waive off specific immigration criteria to pave the way for visa approval. These instruments, issued by the Minister, do not need to be ratified by the House of Representatives since they do not fall in the category of legislations. The Minister also has the discretion to issue visas based on specific conditions they may impose based on the merits of the case.
However, it is important to note that we are dealing with discretionary powers here, and you have absolutely no right to obligate the Minister or his authorized representatives into exercising them for your benefit.
Given that no immigration provision can be used to back your Special Direction request makes it very tricky to get one. Being in the business for so long and having dealt with a lot of Special Directions, we have learnt the tricks to success though. NZ Migration Help has assembled the best immigration team in the business at our Auckland office. Our immigration experts know how to make use of current conditions and your situation to maximize your chances of getting the Minister to issue a Special Direction for the grant of your New Zealand visa. Book a free consultation to see how we can help.
Special Directions Can Help in These Situations and More
INZ is tied to the immigration law and its operational manual, so it cannot deviate from the written word. However, the Minister can and does so only in exceptional cases.
There are many cases where New Zealand stands to gain from a foreigner by their presence in the country. That is when the Minister is most likely to use his/her discretionary powers to issue a Special Direction.
Here is a sampling of some situations where you may want to approach the Minister to request a Special Direction:
- Beneficiary is not allowed to enter New Zealand
- Invite someone to apply for residence despite them not having submitted an EOI (Expression of Interest)
- Get some resident visa conditions altered, added, or dropped during the entry permission stage
- Request alteration, addition, or dropping some temporary visa conditions to pave the way for approval
- Appeal the Minister to take over the processing of a resident visa application from the INZ
- Get a Character or Medical waiver in cases INZ cannot issue one
- Seeking exemption from paying the required fee or other financial liabilities related to visa or immigration
In case the Minister provides you with a Special Direction, you still need to pursue the application with the INZ as usual to get your visa.