The overstayer status of an Indian couple facing deportation will not be affected by a complaint submitted to the law society, for what the two claim were mistakes made by a local law firm.
Buvnesh Mehta and his wife, Jaswinder Kaur, say that for the past year they have battled to be granted work visas but issues with Hastings law firm Luscombe Legal have contributed to their status as overstayers who are liable for deportation.
The two claim the firm gave them inadequate advice about when documentation and applications were sent to Immigration New Zealand. The accusations have been made in an official complaint submitted to the New Zealand Law Society.
There was no response when Luscombe Legal was contacted yesterday. Mark Luscombe declined to comment on the situation when contacted this week but confirmed that a complaint had been laid.
Immigration New Zealand said the couple had been advised to leave the country as soon as possible.
Acting compliance operations manager Natalie Gardiner said: "Jaswinder Kaur and Buvnesh Mehta have been unlawful in New Zealand since their last visas expired in November last year. A voluntary departure does not preclude people returning to New Zealand if they are able to obtain the necessary visa."
She said the conditions of individual visas were clearly spelled out on visa labels, and applicants seeking new visas were advised to submit their applications in good time before their current visas expired.
She said a complaint to the law society would not affect their status as overstayers.
"The couple both made requests under Section 61 of the Immigration Act 2009, which gives senior immigration officers absolute discretion to grant any type of visa to people who are unlawfully in New Zealand and otherwise liable for deportation. The requests were declined and the couple are now under an obligation to settle their affairs and leave the country."
Mr Mehta and Mrs Kaur declined to comment yesterday.
Before the threat of deportation, Mr Mehta's last application for a work visa was declined after a labour market test found there were New Zealanders suitable or trainable for his job as a baker's apprentice. As a result, his wife's partnership application was also declined.
A representative from Pak'nSave, Mr Mehta's former employer, said Mr Mehta was a "really, really good employee".
"He's got a good track record with us. He's desperate to be here working and working hard.
"The delays and the carry-on and the fact that it dragged out for so long doesn't help his situation.
"He could have been trained by now."
The couple plan to take a submission to Napier MP Chris Tremain about their situation.