Wife faces deportation as immigration options narrow

Taieri-based nurse Pawandeep Chander does not have the right to request reconsideration after her application for a work visa was declined, Immigration New Zealand says.

Pawandeep, 24, faces deportation to India as her husband Harjinder’s employment as herd manager on a Woodside dairy farm was deemed “lower skilled”, meaning her application was declined.

Harjinder, 28, who also has a commerce degree, has worked for dairy farmer Mark Adam for nearly six years and is highly regarded by Adam. The couple married in India in December 2016 and Pawandeep Harjinder (Harrie) and Pawandeep Chander with Taieri farmer Mark Adam. moved to Otago in August last year.

The Otago Daily Times asked INZ whether the decision would be reconsidered and/or if an appeal on humanitarian grounds would be considered. INZ manager Michael Carley said Harjinder was declined for a work visa under the South Island Contribution work category due to not meeting the requirements set out in the immigration instructions.

Under that work visa category, applicants must have undertaken full-time employment in the South Island as the holder of Essential Skills visa, for five years between May 22, 2012, and May 22, 2018. He fell nine months and 12 days short of that requirement, Carley said. While he held an Essential Skills work visa, his occupation was assessed by INZ as a skill level 5 position (lower-skilled).

That meant his wife was not eligible for a work visa on the basis of her relationship with him.

Pawandeep could appeal on humanitarian grounds to the Immigration and Protection Tribunal no later than 42 days after first being unlawfully in the country.

Dunedin South MP Clare Curran yesterday said information from INZ indicated they could request consideration under section 61 of the Immigration Act (INZ might consider granting a visa but only in special cases) or appeal to the tribunal.