Couple forced out of New Zealand over 'devastating' $3,600 visa mistake

Newton Santos and his wife Nubia paid an Auckland-based company to process their 2021 Residence Visa application, but it was never submitted.

An expat couple who have called New Zealand their “dream” home for the past eight years are now being forced to leave after their immigration adviser made a “devastating” visa application error.

Three years ago, Newton Santos and his wife Nubia paid more than NZ$4,000 (A$3,668) to Auckland-based company Sunrise Immigration Services to process their 2021 Residence Visa (RV2021) application, according to RNZ.

Migrants with work visas were offered the one-off pathway to help boost the economy following Covid-19.

Brazilian couple Newton Santos and Nubia who will have to leave New Zealand after their immigration adviser made a residency visa mistake.
Brazilian couple Newton Santos and Nubia are set to leave New Zealand after their immigration adviser made a 'devastating' $3,600 residency visa mistake. Source: RNZ/Newton Santos

Newton and Nubia, who are originally from Brazil, decided to hire the immigration company, which they had previously used, to help prevent anything from going wrong during the complicated process. In the months leading up to the submission’s cut-off on July 31, 2022, the pair say they called and emailed their adviser for updates and were “reassured the application had been put through”.

“As far as we knew, everything was all good,” he told the local publication.

Assistant forgets to submit couple's visa

However, after watching his friends gleefully receive their approvals, Newton probed the anonymous adviser once again for some good news.

“She said her assistant forgot to apply for our visa,” he said. “My wife was in tears, I didn’t know what to do — we had the qualifications to be eligible for a type of residency visa that doesn’t come out very often and just like that, we had nothing. It was devastating.”

In a letter sent to the Minister for Immigration — and seen by RNZ — the advisor blamed the error on a drastic increase in workload, staff shortages and medical issues.

“Drafting agreements, gathering information of more than 500 RV2021 applicants, conducting meetings ... my body succumbed to pressures, and was hospitalised. While I thought we were running smoothly ...[Santos's] application was oversighted and we discovered 3 days after the [RV2021] was closed for submissions,” the letter read.

Brazilian couple takes advisor to court

Last year, the couple filed a complaint against the adviser to the Immigration Advisers Complaints and Disciplinary Tribunal, who ruled they had “lost the chance of what may have been a unique and seriously advantageous opportunity”.

Victorian house against Auckland city skyline in Auckland New Zealand. Source: Avalon/Universal Images Group via Getty Images
The unique visa the Brazilian couple had intended to apply for has now been closed. Source: Avalon/Universal Images Group via Getty Images

Afterwards, the NZ Immigration Advisers Authority censured the advisor and ordered her to pay the registrar $2,500 (A$2,292) and $8,000 (A$7,336) to Newton and Nubia, Registrar of Immigration Advisers Duncan Connor told RNZ.

In a last-ditch attempt, the Brazilian couple pleaded with the Minister for Immigration to review their visa status, but Immigration New Zealand responded it cannot “accept a residence application under a category that has been closed”.

Newton described the ordeal as “so unfair” and revealed he and his wife did not meet the requirements for other pathways to residency.

New Zealand tightens visa laws

While Aussies don’t need a visa to holiday in New Zealand, anyone thinking of heading over for a few years needs to apply for a work or resident visa.

Last week the New Zealand government said it was going to make changes to its low-skilled worker visa program after an “unsustainable” near-record 173,000 people migrated in 2023. Applicants must now fulfil English requirements and can stay for just three years compared to the previous five.

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