Respite for South African family

Gavin and Lorinda Penfold and their children Michene, 10, and Tristan, 5, have won the first battle. Picture / Richard Robinson

A South African immigrant threatened with removal after a work-permit blunder has won the first round of his fight to remain in New Zealand.

Associate Immigration Minister Clayton Cosgrove yesterday granted Gavin Penfold and his family the right to remain in the country while the vehicle salesman applies for a new work permit.

An 11th-hour appeal to the minister has paid off, with Mr Cosgrove ruling the Penfolds can stay, "subject to [Mr Penfold] meeting the standard criteria for a work permit under general work policy".

In the decision, he said: "It is not my normal practice to intervene in the established immigration application process".

Mr Penfold will not have to pass "health and character requirements" in his application, but "the remaining criteria must be fully assessed to ensure there are no New Zealanders with the requisite skills and work experience to fill any offer of employment", a letter from Mr Cosgrove's office said.

If the application is successful, Mr Penfold will be issued a work permit for a year.

His wife, Lorinda, will receive a one-year visitor's permit and his children will each receive a one-year student permit.

Mr Cosgrove asked the Labour Department to "expedite" Mr Penfold's work permit application, but warned the family his letter was no guarantee the application would be successful.

Mr Cosgrove said he could not comment on the Penfold case, as he had been advised by his department that a waiver which Mr Penfold had signed did not apply to him.

He said any person could make a representation to him as associate minister asking for intervention in an immigration matter and he dealt with each case - "a couple of hundred a week" - on its merits.

There were no precedents created by his decisions and he was not required to give reasons for individual decisions.

Mr Cosgrove said requirements for work permit holders to inform the department of a variation in their circumstances, such as wanting to move cities, existed to track overstayers who wanted to bypass the system.

But the requirement for a work test was to ensure migrants were not taking jobs from New Zealanders - "that there are not Kiwis out there who could fill those positions".

Mr Penfold was last night celebrating the minister's decision, but admitted he would feel "a lot better when we get that permit in our hands".

The decision marks the end of an anxious time, he said.

"The past week, it has been really, really tense. It was getting to a stage today when we were just wanting some sort of outcome."

Being without work for weeks has added to the stress on Mr and Mrs Penfold, and on their children, who cannot return to school until their father's permit has been approved.

Mr Penfold said he had tried to remain positive throughout the appeal process, but considered his chances "about 50/50".

He is still worried about being "too positive".

Mr Penfold intends to formally reapply for the position he held with Newmarket European in Auckland, and expects to submit his work permit application by Friday.

He hopes to be employed again by early next month.