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Home / New Zealand

Thai woman says she became a sex worker on her student visa to pay for her grandmother's funeral

Ellen  Thompson
By Ellen Thompson
Open Justice multimedia journalist, Auckland·NZ Herald·
7 Sep, 2022 09:18 PM3 mins to read

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The woman had been working in the commercial sex industry while holding a student visa. Photo / 123RF

The woman had been working in the commercial sex industry while holding a student visa. Photo / 123RF

A Thai woman who came to New Zealand on a student visa says she worked as a sex worker in order to pay for her grandmother's medical bills and funeral.

The woman, who has been given name suppression, moved to New Zealand in 2019 on a visitor visa before getting a student visa which allowed her to work for up to 20 hours, but not in the sex industry.

One year later she was granted a one-year work visa on the basis of her current partner.

The 30-year-old opened up her own massage salon and in mid-2021 applied for a partnership-based work visa.

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But after almost two years of living in New Zealand, Immigration received an anonymous tip claiming the woman had been working in the commercial sex industry while holding a student visa.

Compliance officers visited the woman who said she had been a sex worker when she was a student living in a different city, but had not engaged in that lifestyle since opening her business.

In a written report, the compliance officers noted that nothing indicated the business offered sexual services and was consistent with a massage and spa experience. Her application for the partnership-work visa proceeded.

Four months later Immigration New Zealand approached her for a second time with the same concerns.

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She again told them she had temporarily worked online as an escort and provided sexual services while holding a student visa.

"I was trying to financially support my family to pay for my grandmother's medical and funeral expenses.

"I no longer work in the sex industry and am in a stable genuine partnership, I also have a small business which contributes to the local economy."

Despite the woman's explanation, her visa was declined because she had provided sexual services while being on a temporary visa. The result was she faced deportation.

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That decision was appealed, with the woman's lawyer saying punishing someone for a previous occupation was inconsistent with the purpose of the Prostitution Reform Act, which was created to decriminalise prostitution.

"She has made a wrong choice and is deeply sorry for this, but she did this with the intention of assisting her family, she has been honest with the investigators and has assisted Immigration New Zealand throughout," the lawyer said.

The woman also told the tribunal that if she was deported her partner wouldn't be able to move with her due to his health condition.

"He is my soulmate, I would be broken-hearted to be parted."

Immigration and Protection Tribunal member Larissa Wakim said there were no exceptional circumstances of a humanitarian nature and declined the appeal.

"The appellant is in a very unusual situation... she is liable for deportation but also appears to be eligible for residence, her application can only be resumed and finalised if she leaves New Zealand or becomes lawfully present."

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"She is preparing for an impending change in her circumstances, either leaving New
Zealand or being granted the right to reside permanently."

Wakim granted the woman a six-month work visa to allow her time to address any legal or administrative issues for Immigration New Zealand to finalise her outstanding residence application.

"Deportation will not leave her disadvantaged, she will be exposed to the upheaval of deportation only to be able to return to New Zealand if her resident application is granted," Wakim said.

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