Visa refused: new mum must leave NZ

A BRAZILIAN couple are leaving New Zealand, after finding out five days after their baby boy was born they would not be getting new work visas.

Rafaela Estevao do Amaral had her work visa declined, in part because her employers were not giving her the hours promised in her contract.

Ms Amaral had been working for more than two years on two valid work visas at the Melbourne Lodge in Queenstown as a housekeeper.

In May, the hotel was bought by new owners and her hours became more erratic — instead of the 30 hours a week in her contract, she would often only work 18 or so.

Failing to work the 30 hours guaranteed, as well as poor time and wage recordkeeping by her employer, were cited as reasons why her visa application was declined in Immigration NZ documents.

She felt it was unfair her visa was declined due to her employer’s actions.

‘‘It’s not my fault. I did nothing wrong,’’ she said.

She found out her visa had been declined on December 1, just after her baby boy, Noah, was born on November 25.

‘‘I got a letter from Immigration when he was five days old saying I had to leave the country the next day or I would be illegal.’’

Her partner, Jeferson dos Santos Silva, had been working as a chef but required a partner visa to keep working in New Zealand.

Because Ms Amaral’s visa was declined, so was his and the pair have not been working since their old visas expired.

The experience had so shaken the new parents they just wanted to go home to Brazil.

But Noah is less than a month old, and they do not have enough money to leave immediately.

‘‘I’m scared because I don’t want to fly with him, he’s really small,’’ Ms Amaral said, her voice breaking. ‘‘I just want to leave the country legally.’’

Immigration NZ area manager Marcelle Foley confirmed the department was working with the couple to help them leave through the proper channels.

Although the couple had technically been in New Zealand unlawfully since the start of the month, they had 42 days to appeal against her liability for deportation on humanitarian grounds to the independent Immigration and Protection Tribunal, he said.

‘‘INZ understands that Ms Amaral and her partner want to return home and will work cooperatively with her to facilitate her departure.’’

Immigration was not satisfied Ms Amaral’s employer had been complying with all relevant employment and immigration law, Ms Foley said.

‘‘It appears that she has not always been working the 30 hours per week guaranteed under her contract.

‘‘It is important that migrant workers are working for employers who comply with all relevant legislation to reduce any possibility of being exploited.’’

Immigration lawyer Richard McLeod said his heart went out to the young family, but felt Immigration’s hands were tied because they had to apply the law consistently.

‘‘Of course, it’s certainly unfortunate in this case we have a woman who has been let down by her employer, but I fail to see how Immigration could be seen as being unfair,’’ he said.

‘‘I don’t see in this case an unduly harsh immigration service clamping down on a poor migrant worker. I see Immigration simply doing what it is required to do by law.’’

Migrant workers who were not getting enough work to meet minimum visa requirements needed to ask for more from their employers or look for work elsewhere, he said.

Melbourne Lodge’s new owner, Ravinder Kumar Arora, said he and wife Anuradha disputed Ms Amaral’s claims.

Anuradha told Mountain Scene Ms Amaral did normally work about 30 hours per week a ‘‘sometimes it was 29.5, 29.75, sometimes 35, sometimes 27’’.

‘‘She was on the roster all the time.’’

They claimed they did all they could to help her visa renewal.

Ms Amaral and her partner were staying with Ms Amaral’s former boss, Cis Walker, and selling most of what they own, including their car, to try to fund their return tickets home.

Ms Walker said it was ‘‘unKiwi’’ to boot out hard working migrants.

‘‘The pressure that’s been put on this couple with a newborn baby is wrong.’’

Ms Walker could not hire Ms Amaral to work at her new business due to a stipulation she not hire any workers at her old company in the 12 months after selling it. — NZME/Mountain Scene