The three brothers, their mother and father have been told they have to leave the country by November 21, stuff.co.nz reported.
The Wijerathne boys – aged 11, 10 and 8 – attend Queenstown Primary School, where they are regarded as excellent students. Two made it to the recent finals of the Otago-Southland spelling bee. They were invited to sit Australian academic exams. They are swimmers and cricketers, playing for the Queenstown Club where dad Sam coaches. They go to church every Sunday.
The boys’ mother, Dinesha Amarasinghe applied to come to New Zealand as a hospitality student in 2010. She had 10 years of industry experience and started working as a cook in Auckland in 2011, under Immigration New Zealand’s skilled migrant category.
Late in 2011, the family moved to Queenstown, where she worked as commis chef at the popular Lone Star restaurant. Based on Dinesha’s visa, her husband Sam was granted an open work permit and worked at New World supermarket, the Hilton and as a taxi driver.
In 2014, Dinseha slipped on the floor while working and was later diagnosed with a lumbar sprain. Despite the pain in her leg, she continued to work while awaiting treatment but in January 2015, continuing problems forced her onto ACC. In May 2015, she had a brain scan and was diagnosed with multiple sclerosis (MS).
In October this year, because Dinesha was unable to work, her skilled worker temporary visa was declined. Without it, Sam can no longer work and the family have to leave the country by November 21.
The family have an application for residency sitting with Immigration NZ. They applied in April 2013. Their lawyer, Shane Robinson, was not involved with their case then but says that for the application not to be resolved to date is unusual.
Immigration NZ area manager Marcelle Foley said it usually took between six and 12 months to process a residency application. However, it was not unusual for longer processing times in complex cases “as is the case in the situation”.
The processing of their residence visa has now been suspended as they have been unlawful in New Zealand since July, she said
Robinson said a large part of the delay was because Sam overstayed a working visa in Japan in 2006 and was deported. Despite that, he was given a visa in New Zealand as a special direction in 2012 but a dispute over the facts was continuing and was unresolved. However, Dinesha’s health has now taken over as the key issue.
Confusing the family though is the fact that Dinesha was granted a new temporary work visa in 2016, despite her MS diagnosis. Robinson says Immigration NZ’s operational instructions state MS disqualifies someone from getting a temporary work visa but Immigration NZ allowed it in this case partly because it was unclear what degree of her health issues were caused by the 2014 fall and there was the ability to grant a waiver in the case of a residence visa (which was still in progress).
“In hindsight, it may have been fairer on the family for INZ to decline the applications then and not give them false hope.”
Foley said the organisation was aware in 2016 that Dinesha had MS. However, it was not until this year they became aware she had had a prolonged absence from work and she acknowledged that she would be unable to work in full-time employment for some time.
Dinesha was advised she was likely to impose significant costs or demands on New Zealand’s health services or special education services, Foley said.
“All non-New Zealanders coming to New Zealand must have an acceptable standard of health so as not to impose undue costs or demands on New Zealand’s public health system,” Foley said.
Still, when the family’s application to renew the visa was declined in October, they were taken by surprise and plunged into the desperate situation they are now in. Dinesha cannot work to the extent that is required. Sam can work but was declined for a work visa-partner and doesn’t fit the “skilled employment” category.
Robinson said a request was being made for visas to be granted as a “special case” but the chances of that succeeding were low. (Colombo Gazette)