Immigration New Zealand declined an application for residence under the Skilled Migrant Category as they were unsatisfied the applicant’s employment was sustainable.
Immigration policy states that INZ must be satisfied that the employment offered is genuine, ongoing and sustainable.
In our clients case, the immigration officer was concerned that the business had not yet been established as sustainable, as the business was less than a year old.
We argued that the financial statements provided showed the business was already making a small profit even after meeting all financial obligations including wages. We also provided evidence to show that the business was likely to continue to be profitable in the future.
The immigration officer still chose to decline this application, continuing to state that they were unsatisfied that the business was sustainable.
On appeal to the IPT, we successfully argued that INZ made their decision on an incorrect understanding of the figures presented in support of our client. The Tribunal agreed, noting that INZ “failed to properly assess the available evidence when determining whether the appellants employment was not sustainable”.
The case was returned to INZ for reassessment by a new Immigration officer.
This case is a good example of why you need expert immigration advice when dealing with complex immigration matters. If you need assistance or advice on a potential residence application appeal contact us as soon as possible to have the best chance of success.