Fernandez applied for New Zealand residence under the Skilled Migrant Category in 2018.
He was invited to apply for a Job Search Visa in October 2019, which would allow him to come to NZ to look for a job for 12 months, which if successful would enable him to meet requirements for residency.
Ervin was issued a job search visa which was valid from January 24, 2020, to January 24, 2021 and had booked a flight to come in May. But he could not come because the border closed at the end of March and was unable to travel here throughout the validity of his visa because of the NZ Government's border restrictions.
Maricel Weischede, an immigration lawyer acting for Fernandez, said he had been told the visa would not be renewed and that it was "absurd" that INZ was putting the blame on him for not meeting visa requirements by travelling here.
Fernandez was overjoyed at receiving INZ's offer for an extension on Wednesday, which he said would give him and his family "a fighting chance" to start a new life in NZ.
"I know that what has happened was just due to the fact the we need to put the health and safety of New Zealanders as priority," he said.
"I am happy fairness came into play. I do hope that this also opens up possibilities to those who have similar situations as I have."
Figures revealed to the Herald by Immigration New Zealand showed that 109 people on the visas for people with skills that will contribute to NZ's economic growth had expired while offshore.
These are people who had visas that offered them pathways to residency, but could not come because the border closed.
Just 22 of those who had the work visa before February 29, 2020, have been given new visas or visa extensions. The agency noted that those who were granted subsequent visas may be currently holding a different visa.
Nicola Hogg, INZ's general manager border and visa operations, said the agency understood the huge impact that the Covid-19 pandemic has had on would-be migrants who have had their plans disrupted and were unable to travel to NZ due to the border restrictions.
INZ said it had been in touch with Fernandez several times about his visa.
"We have previously advised that immigration instructions do not allow your application to be approved because the Skilled Migrant Category instructions require that you submit an offer of skilled employment within 12 months of the grant of your Job Search Visa," it said in the letter.
"This has not changed, but we have now identified a pathway for you to travel to New Zealand to search for a job and potentially be granted residence as an exception, if you are still interested in pursuing this.
"We are making this offer even though the requirements of the Skilled Migrant Category have not been met because we understand you were adversely affected by border restrictions which prevented you from travelling to New Zealand during the course of your Job Search Visa."
The agency offered Fernandez a 12-month Job Search Visa as an exception, while keeping his Skilled Migrant Category visa open for the duration.
Maricel Weischede, an immigration lawyer acting for Fernandez, said he had accepted the offer.
"We welcome such good news. Issuing an extension of the visa with the same validity meant that common sense and practical sensibility prevailed," she said.
"Actions like this show that the government, particularly the office of minister of immigration and INZ, are taking steps to address the issues for migrant workers stuck overseas."
Weischede said she hoped the exemption would be extended to others whose visa had also expired while the border was closed.
