Time is running out for Indian student victims of visa fraud

Time is running out for Indian student victims of visa fraud

Leading New Zealand immigration lawyer Alastair McClymont is calling for more rigorous screening of overseas education agents by New Zealand private education institutions as hundreds of Indian students currently studying here are at risk of imminent deportation.

Following closer investigation of the visa application documents prepared on the students’ behalf by unlicensed education agents in India, Immigration NZ has sent deportation liability notices to a number of foreign students.

The Indian education agents are authorised by private NZ education institutions to supply students for their schools and they collect 15% or around $2500 commission on average per student. “Questions must be asked about the robustness of the processes relating to the selection of these agents by these schools,” says Mr McClymont, whose firm is acting for a number of these at-risk students.

Mr McClymont says that the NZ schools and NZQA need to be more stringent in their approach. The agents should be required to give consent for NZ schools to undertake character checks with Immigration NZ before signing them up. NZQA which sets the standards for the courses could also reduce the number of scams by insisting that all education agents used by NZ private education institutions must be licensed.

“Almost all of the fraud relates to fake bank loan documents,” says Mr McClymont.
“My understanding is that Immigration NZ readily acknowledges the fraud is generated by unlicensed education agents in India and that Indian banks are complicit in the fraud.”

He says that the main purpose of the documents is to show that the student’s family has access to funds to pay the school fees. “It’s also important to note that the fees are actually paid after the visa is approved and the students do bring money with them.

“The Indian education agents took these shortcuts because many Indians find it difficult to prove where they sourced their money as they don’t all use banks. The education agents perpetrating these scams need to be put out of business before they can ruin the lives of any more young people.”

McClymont’s clients deny any knowledge of the fake bank documents prepared on their behalf by these agents. They insist they never applied for the loans for which they are accused of faking documentation.

Student visa applicants are required by Immigration NZ to provide proof that they have enough money for living costs while studying and living in New Zealand. They also need to prove they have a return airline ticket to their home country or proof that they have enough money to buy one.

“Most students at risk of deportation are doing well in class, they have brought funds with them into NZ to support their stay and they are all attending classes,” says Mr McClymont. “Their families have often made very big sacrifices to send them here to study. If their sons or daughters are deported before they have had a chance to gain their qualifications, they will have no way to recover their money and their sacrifice will have been for nothing. They may not have sufficient funds to continue their son or daughter’s education elsewhere.”

FACTS

Student visas are usually granted for two years of study. Few foreign students study for just one year. The terms of their visa also allow them to work for a maximum of 20 hours per week.

Following graduation the students are eligible to apply for a Post-Study Work Visa (Open) that allows them to find a job relevant to their new qualification. It’s valid for 12 months. During this time they can work for almost any employer in New Zealand.

After the graduate has found a job relevant to their qualification they can apply for a Post-Study Work Visa (Employer-Assisted). Following this they may qualify for a New Zealand resident visa under the Skilled Migrant category.

Most of the residency visas that fall within the Skilled Migrant category have been granted to former students of our private educational institutions.

ENDS

© Scoop Media