Jeferson dos Santos Silva (left) and Rafaela Estevão do Amaral with their newborn son, Noah. Photo / Supplied
Jeferson dos Santos Silva (left) and Rafaela Estevão do Amaral with their newborn son, Noah. Photo / Supplied
A Brazilian couple are leaving New Zealand, after they found out they would not be getting new work visas five days after their baby boy was born.
Rafaela Estevao do Amaral had her work visa declined in part because her employers were not giving her the hours promised in her contract.
Amaral had been working for just over two years on two valid work visas at the Melbourne Lodge in Queenstown as a housekeeper.
In May, the hotel was bought by new owners and her hours became more erratic - instead of the 30 hours a week promised in her contract, she would often only work 18 or so.
Failing to work the 30 hours guaranteed, as well as poor time and wage keeping records by her employer, were cited as reasons why her application for another visa was declined in Immigration NZ documents cited by the Herald.
Sam Wijerathne, his wife Dinesha Amarasinghe seen here with Clutha-Southland MP Hamish Walker are also fighting to be allowed to stay in Queenstown. Photo / Paul Taylor
She felt it was unfair her visa was declined due to her employer's actions.
"It's not my fault, I did nothing wrong," she said.
She found out her visa had been declined on December 1, less than a week after her baby boy, Noah, was born on November 25.
"I got a letter from Immigration when he was five days old saying I had to leave the country the next day or I would be illegal," she said.
Her partner, Jeferson dos Santos Silva, had been working as a chef but required a partner visa to keep working in New Zealand.
Because Amaral's visa was declined so was his and the pair have not been working since their old visas expired.
The experience had so shaken the new parents they just wanted to go home to Brazil.
But Noah is still less than a month old, and the couple don't have enough money saved to leave immediately.
"I'm scared because I don't want to fly with him, he's really small," Amaral said, her voice breaking.
"I just want to leave the country legally."
The Brazilian couple have been working in Queenstown for a little over two years and had wanted to stay on. Photo / File
Immigration New Zealand (INZ) area manager Marcelle Foley confirmed the Government department was working with the couple to help them leave through the proper channels.
Although the couple had technically been in New Zealand unlawfully since the start of the month, they had 42 days to appeal against her liability for deportation on humanitarian grounds to the independent Immigration and Protection Tribunal, he said.
"INZ understands that Ms Amaral and her partner want to return home and will work co-operatively with her to facilitate her departure."
Immigration was not satisfied Amaral's employer had been complying with all relevant employment and immigration law, Foley said.
"It appears that she has not always been working the 30 hours per week guaranteed under her contract.
"It is important that migrant workers are working for employers who comply with all relevant legislation to reduce any possibility of being exploited."
Immigration lawyer Richard McLeod said his heart went out to the young family, but felt Immigration's hands were tied because they had to apply the law consistently.
"Of course it's certainly unfortunate in this case we have a woman who has been let down by her employer, but I fail to see how Immigration could be seen as being unfair," he said.
"I don't see in this case an unduly harsh immigration service clamping down on a poor migrant worker. I see Immigration simply doing what it is required to do by law."
Migrant workers who were not getting enough work to meet minimum visa requirements needed to ask for more from their employers or look for work elsewhere, he said.
Immigration lawyer Richard McLeod said his heart went out to the young family - but Immigration's hands were tied. Photo / File
The Herald has been unable to contact Melbourne Lodge's new owner, Ravinder Kumar Arora, but he and wife Anuradha told Mountain Scene, a local media outlet, they dispute Amaral's claims.
Anuradha told Mountain Scene Amaral did normally work about 30 hours per week – "sometimes it was 29.5, 29.75, sometimes 35, sometimes 27".
They claimed they did everything they could to help her visa renewal.
Amaral and her partner were currently staying with Amaral's former boss, Cis Walker, and are selling most of what they own, including their car, to try and fund their return tickets home.
Walker said it was "unKiwi" to boot out hard working migrants.
"The pressure that's been put on this couple with a newborn baby is wrong. This should not be happening."
Walker could not hire Amaral to work at her new business due to a stipulation she not hire any workers at her old company in the 12 months after selling it.
