Julien Debord, owner of Cafe Tennyson and Bistro would like to stay in NZ. Photo / Warren Buckland
French cafe owners Julien and Sophie Debord and their two children may be forced out of Napier as their business flounders due to Covid's impact on their revenue.
Julien and Sophie own and run Cafe Tennyson and Bistro, Napier, but Julien believes it won't be for much longer.
His family came to Hawke's Bay on an Entrepreneur Work Visa, valid for three years, in August 2018.
The visa is for people who want to work in their own business in New Zealand.
As part of the visa conditions they bought a Napier business for $560,000 and put another $100,000 into it to refurbish it in 2019.
To apply, people need to provide a detailed business plan, have at least NZ $100,000 to invest in their business and be able to claim 120 points on Immigration New Zealand's (INZ) points scale.
If the visa is granted, the person can buy or set up a business without living here permanently, or as a first step towards New Zealand residence.
"I have the visa until July 2022, while I wait for residency."
A detailed business plan was also provided by them to INZ which included the criteria of an increase in sales by 20 per cent, and the hiring of three more permanent residents.
"But we could simply not operate as planned because of Covid. Immigration NZ was asking me to operate within the criteria, but I could not."
Tough break
He said cafes and restaurants were shutting up shop and he was expected to increase sales by 20 per cent and hire more staff.
"With Covid, and then lockdowns we simply could not operate. In the lockdown we could not operate, then because of the Auckland lockdown sales dropped by 40 per cent.
"Increasing them by 20 per cent became impossible."
In level 3 they opened, but for takeaways only, and took another hit to revenue.
Then the border closures meant all the sales they made to tourists, suddenly ceased to exist.
"The second lockdown became trickier, we were only getting a handful of customers.
"Our sales dropped 50 per cent because Auckland was in lockdown about four months."
In late-2020 he applied for Entrepreneur Resident Visas for his family.
The visa is for people who have been self-employed in New Zealand for at least six months or have operated a business for two years on another visa that allows self-employment.
But in early March they received a pre-decision from INZ saying they hadn't met the requirements.
"My employees have gotten residency before I have, I am very disappointed by the pre-decision.
"I have been working hard, bringing in money for the past three to four years, and it's a real shame they can't see that."
He said at this point in time he had two choices - either apply again for an Entrepreneur Work Visa and start from scratch which means he would have to come up with a new business plan, increase sales by 20 per cent and hire three people.
And the Government would then consider his application and then decide whether they have met the requirements.
Or he doesn't apply, sells up and goes back home to Lyon.
"I deserve to stay, we had plans to stay here and stay here for long. We have done everything we could."
MP Stuart Nash, a self-proclaimed "huge supporter" of the couple and frequent visitor to their cafe said he would continue to advocate on their behalf.
"While it is inappropriate for me to comment on a case still under consideration by INZ, what I will say is they have proven they are a great, hard-working couple who I think have made, and will continue to make, a valuable contribution to our Napier community," Nash said.
"They will make wonderful Kiwis and I will advocate on their behalf all the way to the minister."
Immigration NZ response
In response to their predicament INZ general manager border and visa operations Nicola Hogg said they acknowledged the "very difficult trading period" which Julien experienced in the past couple of years.
"Legally Immigration New Zealand has to apply the criteria set in immigration instructions at the time that an application is made.
"Unfortunately, we have no discretion to modify requirements, or grant residence as an exception."
She said residence applications were considered "very carefully" and were assessed "thoroughly" to ensure the right decision is made in line with requirements.
Hogg said it was "important to note" that no decision had been made on Debord's residence application and he had until March 21 to respond to the concerns raised by INZ.
"If Mr Debord is unable to meet the requirements for residence under the Entrepreneur Category he may want to consider submitting an application for a temporary work visa and test his eligibility for residence at a later date."
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