Strange Immigration Decision

Forums › Off topic › Strange Immigration Decision

1 | 2 | 3 | 4 | 5 | 6 | 7 | ... | 9

8230 posts

Uber Geek

Trusted

2degrees

Lifetime subscriber

#1507411 7-Mar-2016 12:39

MikeB4:

Like other Government Departments they will not release any details due to privacy and take criticism on the chin as it's usually misinformed

Except even the NZH article states that she signed a privacy waiver specifically so they could discuss it publicly.

iPad Pro 11" + iPhone 15 Pro Max + 2degrees 4tw!

These comments are my own and do not represent the opinions of 2degrees.

Zeon

3916 posts

Uber Geek

Trusted

#1507413 7-Mar-2016 12:46

Don't believe everything you read in the newspapers.....

Speedtest 2019-10-14

Geektastic

17943 posts

Uber Geek

Trusted

Lifetime subscriber

#1507414 7-Mar-2016 12:46

afe66:

Yeah seems a bit over kill.

But if you are running a babysitting/nanny service in queenstown, you might have a different opinion if tourists bring their own staff with them and so dont use your service I suppose.

Can I bring my driver, my cook, cleaners etc

Lets be honest.

Its a case of come on holiday with us, we will pay for everything if you can do some baby sitting...

She's an employee in Australia and could you argue she still is an employee doing similar duties for which she get paid cash in Au but here she's getting a holiday, but thats still being paid in kind.

A.

So someone who is, say, a big CEO of a US company who comes here on holiday and brings his PA should expect his PA to be refused a visa in case she takes a secretarial job away from someone in NZ who knows nothing about the boss, the company or the workplace?

The rules are not intended surely to stop ANYONE working - otherwise even taking a call from your office in Berlin whilst in NZ on holiday would be illegal.

Kiwifruta

1423 posts

Uber Geek

ID Verified

#1507433 7-Mar-2016 13:12

Geektastic:
First up, have a read of this

That seems to me to border (sorry) on ridiculous. Applying the logic (and I use that word lightly) then

a) Anyone bringing a laptop to NZ and working on it for a foreign company whilst on holiday here should be denied a visa unless they have a work permit

b) Someone who arrives for a 2 week holiday and has, say, a PA with them should expect the PA to be denied a visa - and themselves, if they plan on working at all

The rules are clearly not intended to prevent someone minding the children (unpaid or frankly even paid) of a family that they are travelling with on a short one week trip to NZ from Australia. They are supposed to stop people coming here and actually getting NZ employment without a work visa - not carrying on a job that is not a NZ job, does not have any base in NZ and where they have no intention of living beyond a short holiday.

Madness.

My wife is from overseas and is the only member of her family here in NZ. We tried to get my sister-in-law to come into the country for a long term stay of up to 9 months, which is the maximum allowable for a visitor's visa. She wasn't going to work, I would have supported her.

I spoke to a private immigration consultant about the situation, and told him since my sister-in-law was going to stay for an extended period of time, I'd expect that she would help with the dishes or babysit (unpaid) the kids every now and again. He told me that this would be considered work and so would be grounds to decline the visa. I guess she could have washed and dried her own dishes but not ours.

In 2012, we did manage to bring the wife's parents over for 10 weeks on visitor's visas. I paid for all of their expenses here. The mother-in-law did cook some meals, and the father-in-law did do the dishes once and he also cooked the barbecued meat at my wife's birthday party. Looking back now, those actions would be considered a breach of their visas.

Back to the news article, the assumption by immigration appears to be to not believe. Considering the girl had a return ticket and was leaving in a few days, it all appears to be an overreaction. What did NZ have to gain by kicking her out of the country and paying for her return flight? It cost us $$$ in the early ticket home, police time and immigration time.

Batman

Mad Scientist
29763 posts

Uber Geek

Trusted

Lifetime subscriber

#1507462 7-Mar-2016 13:49

Wow wish the students at Uni knew that.

Hey you international students, you guys aren't allowed to wash your dishes or else face deportation!

MikeB4

18435 posts

Uber Geek

ID Verified

Trusted

#1507472 7-Mar-2016 14:09

SaltyNZ:

MikeB4:

Like other Government Departments they will not release any details due to privacy and take criticism on the chin as it's usually misinformed

Except even the NZH article states that she signed a privacy waiver specifically so they could discuss it publicly.

Her waiver covers only her not the other parties of which there will be quite a few.

frankv

5680 posts

Uber Geek

Lifetime subscriber

#1507475 7-Mar-2016 14:12

Geektastic:

So someone who is, say, a big CEO of a US company who comes here on holiday and brings his PA should expect his PA to be refused a visa in case she takes a secretarial job away from someone in NZ who knows nothing about the boss, the company or the workplace?

No. Someone who is the PA of a big CEO of a US company (or the CEO of a big US company) should apply for a *work* visa if they intend to work in NZ.

Quic Broadband

Move to New Zealand's best fibre broadband service (affiliate link). Free setup code: R587125ERQ6VE. Note that to use Quic Broadband you must be comfortable with configuring your own router.

frankv

5680 posts

Uber Geek

Lifetime subscriber

#1507478 7-Mar-2016 14:20

Kiwifruta:

The mother-in-law did cook some meals, and the father-in-law did do the dishes once and he also cooked the barbecued meat at my wife's birthday party. Looking back now, those actions would be considered a breach of their visas.

You should turn yourself in before you progress to speeding and other criminal activities, and [gasp] start thinking for yourself.

What did NZ have to gain by kicking her out of the country and paying for her return flight? It cost us $$$ in the early ticket home, police time and immigration time.

Did NZ pay for her return flight? I didn't see that information in the article. I believe that deportees are asked to pay for their deportation flights.

BigPipeNZ

1170 posts

Uber Geek

Trusted

BigPipe

#1507479 7-Mar-2016 14:22

joker97:

Wow wish the students at Uni knew that.

Hey you international students, you guys aren't allowed to wash your dishes or else face deportation!

no, they are allowed to wash their own dishes, just not allowed to wash someone else's.

bigpipe.co.nz
https://www.facebook.com/BigPipeNZ
https://twitter.com/BigPipeNZ

surfisup1000

5288 posts

Uber Geek

#1507485 7-Mar-2016 14:34

afe66:

Yeah seems a bit over kill.

But if you are running a babysitting/nanny service in queenstown, you might have a different opinion if tourists bring their own staff with them and so dont use your service I suppose.

Can I bring my driver, my cook, cleaners etc

Lets be honest.

Its a case of come on holiday with us, we will pay for everything if you can do some baby sitting...

She's an employee in Australia and could you argue she still is an employee doing similar duties for which she get paid cash in Au but here she's getting a holiday, but thats still being paid in kind.

A.

This was a person trusted to care for their children. You simply cannot get the same level of trust through some unknown child care agency in a foreign country

The family should be allowed to pay their au paire while on holiday. Immigration NZ need to stop destroying their already poor reputation and actually go and catch some real criminals.

Makes NZ look like a back water tin pot little country full of petty bureaucrats who like to gain a sense of self importance by telling others off.

Kiwifruta

1423 posts

Uber Geek

ID Verified

#1507486 7-Mar-2016 14:39

frankv:
Kiwifruta:

The mother-in-law did cook some meals, and the father-in-law did do the dishes once and he also cooked the barbecued meat at my wife's birthday party. Looking back now, those actions would be considered a breach of their visas.

You should turn yourself in before you progress to speeding and other criminal activities, and [gasp] start thinking for yourself.

What did NZ have to gain by kicking her out of the country and paying for her return flight? It cost us $$$ in the early ticket home, police time and immigration time.

Did NZ pay for her return flight? I didn't see that information in the article. I believe that deportees are asked to pay for their deportation flights.

Okay, didn't know that about the deportee paying for their own flight out of the country.
You are right, who paid for the ticket wasn't explicitly stated in the article.

I guess since looking after kids is a normal part of the au pair's work duties, then immigration have deemed it work.

MikeB4

18435 posts

Uber Geek

ID Verified

Trusted

#1507487 7-Mar-2016 14:43

surfisup1000:

afe66:

Yeah seems a bit over kill.

But if you are running a babysitting/nanny service in queenstown, you might have a different opinion if tourists bring their own staff with them and so dont use your service I suppose.

Can I bring my driver, my cook, cleaners etc

Lets be honest.

Its a case of come on holiday with us, we will pay for everything if you can do some baby sitting...

She's an employee in Australia and could you argue she still is an employee doing similar duties for which she get paid cash in Au but here she's getting a holiday, but thats still being paid in kind.

A.

This was a person trusted to care for their children. You simply cannot get the same level of trust through some unknown child care agency in a foreign country

The family should be allowed to pay their au paire while on holiday. Immigration NZ need to stop destroying their already poor reputation and actually go and catch some real criminals.

Makes NZ look like a back water tin pot little country full of petty bureaucrats who like to gain a sense of self importance by telling others off.

Immigration like ALL Government Departments are required to follow the empowering Act of Parliament and the Cabinet approved official policy. The only discretion they have is discretion prescribed in those acts or parliament. If the act says 'do this' they are legally obliged to do so.

olivernz

497 posts

Ultimate Geek

ID Verified

Trusted

Lifetime subscriber

#1507490 7-Mar-2016 14:54

Seen Immigration be hard-nosed about such things in the past. They should have some leniency. I can understand rules but this is ridiculous. There is nofinancial harm to NZ whatsoever imho.
Happy that my grandparents have Perm Residence otherwise they'd need to have a work visa too!

kharris

1209 posts

Uber Geek

ID Verified

Trusted

#1507507 7-Mar-2016 14:56

Kiwifruta:
frankv:

Kiwifruta:

The mother-in-law did cook some meals, and the father-in-law did do the dishes once and he also cooked the barbecued meat at my wife's birthday party. Looking back now, those actions would be considered a breach of their visas.

You should turn yourself in before you progress to speeding and other criminal activities, and [gasp] start thinking for yourself.

What did NZ have to gain by kicking her out of the country and paying for her return flight? It cost us $$$ in the early ticket home, police time and immigration time.

Did NZ pay for her return flight? I didn't see that information in the article. I believe that deportees are asked to pay for their deportation flights.

Okay, didn't know that about the deportee paying for their own flight out of the country.
You are right, who paid for the ticket wasn't explicitly stated in the article.

I guess since looking after kids is a normal part of the au pair's work duties, then immigration have deemed it work.

Normally the person would be billed for the cost of deportation. However I imagine that much of this is never recovered. I doubt you are ever allowed back if you don't pay.

Kirk

surfisup1000

5288 posts

Uber Geek

#1507509 7-Mar-2016 15:00

MikeB4:

surfisup1000:

afe66:

Yeah seems a bit over kill.

But if you are running a babysitting/nanny service in queenstown, you might have a different opinion if tourists bring their own staff with them and so dont use your service I suppose.

Can I bring my driver, my cook, cleaners etc

Lets be honest.

Its a case of come on holiday with us, we will pay for everything if you can do some baby sitting...

She's an employee in Australia and could you argue she still is an employee doing similar duties for which she get paid cash in Au but here she's getting a holiday, but thats still being paid in kind.

A.

This was a person trusted to care for their children. You simply cannot get the same level of trust through some unknown child care agency in a foreign country

The family should be allowed to pay their au paire while on holiday. Immigration NZ need to stop destroying their already poor reputation and actually go and catch some real criminals.

Makes NZ look like a back water tin pot little country full of petty bureaucrats who like to gain a sense of self importance by telling others off.

Immigration like ALL Government Departments are required to follow the empowering Act of Parliament and the Cabinet approved official policy. The only discretion they have is discretion prescribed in those acts or parliament. If the act says 'do this' they are legally obliged to do so.

It looks really bad, immigration are not let off the hook by what you say. Immigration must know this is ridiculous scenario so why haven't they recommended a law change to the minister many years ago? I bet many families each year are accompanied by paid au pairs while on holiday so why do they send this one home?

Just as the law says it is illegal to speed but police are still allowed to use discretion..

There was a similar case not so long ago too. Where a person visiting a NZ family said in the interview that they might babysit their friends kids so was sent home for that!!! Because staying with their friends constituted 'payment' for babysitting services.

Absolute nuts!

I was in the US on holiday a while back, had my laptop to fix any work issues should they occur. So , effectively I was working in the US for money and should be sent home???

Same with US visitors here -- we should ban everyone who has a phone or a laptop because their work might call them and they might be actually paid.

1 | 2 | 3 | 4 | 5 | 6 | 7 | ... | 9