Immigration Law

A clear path through the visa system.

Skilled Migrant residence, Accredited Employer Work Visas, partnership visas, character issues and overstays, and appeals to the Immigration and Protection Tribunal — handled directly by counsel admitted on both sides of the Tasman, online or in person.

Visas & residence

The Skilled Migrant Category remains the main residence pathway for skilled workers aged 55 or under. It is points-based — points turn on skilled employment in New Zealand together with occupational registration, qualifications or income level, and New Zealand work experience — and it runs in stages: an Expression of Interest, an Invitation to Apply if selected, then the residence application itself, where most of the evidential work sits. Some Green List occupations also carry their own dedicated residence pathways.

For temporary work, the Accredited Employer Work Visa is the workhorse: a job offer of at least 30 hours a week from an employer holding current accreditation, pay requirements set by immigration instructions and reviewed regularly, and — with limited exceptions — a role first advertised to New Zealanders. When an AEWV goes wrong it is usually on the employer's half of the file, so we check both halves before anything is lodged.

Partnership visas turn on one test: a genuine and stable relationship. Immigration New Zealand expects the texture of a shared life — joint finances, shared accommodation, communication across time apart — and thin relationship evidence is the most common reason these applications fail. The settings across all of these categories change often; we work to the rules in force on the day of lodgement, not last year's.

  • Skilled Migrant Category: points-based residence via EOI and ITA
  • AEWV: accredited employer, 30-hour minimum, set pay requirements
  • Partnership visas turn on genuine and stable relationship evidence
  • Settings change frequently — current rules checked at lodgement

Character issues & overstays

Every applicant is assessed against the character requirements of the Immigration Act 2009. Convictions, prior deportation, and false or misleading statements can all raise character concerns, and residence applications are held to a higher threshold than temporary ones. A character issue is not automatically the end: waivers are available in many cases, but they must be argued — written submissions, evidence of rehabilitation, and an honest account of the history.

Overstaying carries consequences that compound: liability for deportation, re-entry bans of one to five years that follow into every later application, and restricted access to work, banking and services while unlawfully in the country.

With character issues and overstays alike, the pattern is the same: candour and early action beat concealment every time. Approaching Immigration New Zealand before it approaches you — sometimes paired with voluntary departure — is treated very differently from being found through enforcement, and the worst outcomes we see follow attempts to minimise history that was always going to be found.

  • Immigration Act 2009 sets the character thresholds
  • Character waivers are possible — argued, not assumed
  • Overstays: deportation liability and 1–5 year re-entry bans
  • Voluntary disclosure is treated far better than enforcement

Appeals & the Immigration and Protection Tribunal

A declined visa is not always final. Depending on the visa type and the ground of decline, some decisions can be reconsidered by Immigration New Zealand internally; others carry a right of appeal to the Immigration and Protection Tribunal, an independent body that decides most matters on the papers.

The deadlines are short and rigid — typically 28 or 42 working days from the decision — and once they pass, the appeal right is gone, leaving only harder roads such as fresh applications. The first step after any decline is therefore always the same: identify the review path and its deadline immediately.

Tribunal work is written advocacy. The grounds have to be identified precisely and the evidence pinned to each one, which is where representation earns its keep. We prepare Tribunal appeals as formal written cases, not as letters of protest.

  • Some declines are reconsidered internally; others go to the Tribunal
  • Deadlines are typically 28 or 42 working days — and unforgiving
  • A missed deadline leaves only fresh applications
  • Tribunal appeals succeed on precise written cases

More about this practice

How we work in immigration law.

Our practice

Immigration run on both sides of the Tasman.

We take immigration instructions across New Zealand and Australia from Wakatipu Chambers in Queenstown — Skilled Migrant Category residence, Accredited Employer Work Visas, partnership visas, overstays and deportation liability, character issues and waivers, and appeals to the Immigration and Protection Tribunal.

Two countries, one barrister

Admitted in New Zealand and New South Wales.

Piers Blomfield holds New Zealand Law Society authority to take instructions directly — no instructing solicitor required — and retains a current New South Wales practising certificate from his decades in Australia. For clients whose lives straddle the Tasman, that means one barrister across both systems: New Zealand applications and appeals handled from chambers, and the Australian side assisted where a matter crosses over. As a lawyer holding a current New Zealand practising certificate, Piers is exempt from immigration adviser licensing and can lawfully advise and represent on immigration matters.

Online or in person

Wherever you are — including offshore.

Immigration files are built on documents, and they run well remotely. We take video consultations nationwide and from overseas, with in-person appointments available at chambers in Queenstown. Most matters can be run end to end without a client ever needing to travel.

Make an enquiry

Common Questions

Immigration Law FAQs.

A few immigration law-specific answers. See the full FAQ →

Can a barrister help with my visa application?
Yes — and directly. Piers Blomfield holds New Zealand Law Society authority to take instructions without an instructing solicitor, so you deal with one lawyer from first call to outcome. Chambers assists with Skilled Migrant residence, Accredited Employer Work Visas, partnership visas, and the harder end of the spectrum — overstays, character issues and appeals.
What should I do if I have overstayed?
Act before Immigration New Zealand does. Voluntary contact — sometimes paired with voluntary departure — is treated very differently from being located through enforcement, and it keeps more options open. The consequences of waiting are real: deportation liability and re-entry bans of one to five years that affect every future application. Early advice genuinely changes outcomes here.
Can you help with Australian visas too?
Where a matter has an Australian element, yes. Piers retains a current New South Wales practising certificate from nearly three decades in Australia, and can assist with the Australian side of trans-Tasman matters alongside the New Zealand work. For purely Australian matters we will tell you honestly whether we are the right fit or whether an Australian-based specialist serves you better.
What happens if my visa is declined?
It depends which visa was declined and why. Some decisions can be reconsidered by Immigration New Zealand; others carry appeal rights to the Immigration and Protection Tribunal. The one constant is the clock — appeal windows are typically 28 or 42 working days from the decision, and the right is lost once they close. Get advice immediately rather than waiting.

Make an Enquiry

Tell us briefly about your matter and we'll direct your enquiry to the right barrister at Wakatipu Chambers.

Get in touch → Call