The French owners of Cafe Tennyson, Julian and Sophie Debord, have now sold their business during their protracted struggle for New Zealand residency. Photo / Warren Buckland
The embattled owners of Cafe Tennyson have decided to sell the business they have invested three years of work into during a protracted struggle for New Zealand residency.
Owner Julian Debord said Immigration New Zealand had not yet given residency to him and his partner Sophie.
"As this process isonce more endless, Sophie and I have decided to give up our residency application, to sell the business and to move back to France. It is a hard decision but we have been struggling way too much with the Immigration."
Immigration NZ general manager border and visa operations Nicola Hogg has previously said, "Legally Immigration New Zealand has to apply the criteria set in immigration instructions at the time that an application is made. Unfortunately, we have no discretion to modify requirements or grant residence as an exception."
Debord said that they were informed on April 8 they would get final confirmation of their residency on April 11.
The news had been met with delight - "There isn't enough emojis to express how we all feel. And there will never be enough thanks to everyone who supported us, customers, staff, suppliers, friends, family, businesses ... and the more than 7k signatures we got on the petition, which made a big difference.''
However, the process remained incomplete and an immigration inspector had requested more documentation, including medical examinations and birth certificates, some of which Debord understood had already been sent.
He said the medical examinations would take at least two months to get due to Covid delays, which meant the residency would not be granted before the family's current visa expired and another Entrepreneur Work Visa would be required.
The Entrepreneur visa would cost another $3365, while the three medical certificates needed were $500 each.
"I will only get it in July or August and it will be the end of my visa so I will have to apply for another visa and pay another $5000. It is just too much."
Debord said they had been in touch with potential buyers since March 8 as a backup in case they were declined.
"On Monday the 11th, after the email from Robert, we have decided to confirm the sale of the business to local buyers."
A community petition urging Immigration Minister Kris Faafoi to let the family stay had earlier gathered more than 7300 signatures and was presented to the House of Representatives.
Supporting letters to Faafoi and Associate Immigration Minister Phil Twyford by Napier Mayor Kirsten Wise, Napier City councillor Sally Crown, Louise Upston (National MP for Taupo) and Napier City Business Inc general manager Pip Thompson were also presented alongside the petition.
Nash, also the Minister of Tourism, had earlier said delays in reaching the result were around the cafe proprietors having not met all the obligations of the specific rules and a need to complete a process before exemption could be applied for and decided.
Nash said one of his own staff had extensive immigration services experience and, seeing that the impacts of Covid crisis were valid reasons, the office campaigned - "possibly more than for any other constituent I can remember" - for the family to be able to continue in New Zealand.
Debord said he was very disappointed with the outcome.
"I'm lost, I do not understand and I think I will never understand why don't they give it to us.
"I used to believe we deserved it, now I believe they don't deserve us."
He thanked all the family's supporters and said he would have given up much earlier without them.
"I just want to thank you to everyone, for all of the messages people have been sending, for all of the letters that have been written to MBIE and the Minister of Immigration, it was a big, big support."
The Debord family came to Hawke's Bay on an Entrepreneur Work Visa, valid for three years, in August 2018.
To apply, people need to provide a detailed business plan, have at least NZ$100,000 to invest in their business and be able to claim 120 points on Immigration New Zealand's (INZ) points scale.
They bought a Napier business for $560,000 and put another $100,000 into it to refurbish it in 2019.
Debord applied for Entrepreneur Resident Visas for himself and his family in late 2020.
They failed to meet INZ criteria of a 20 per cent increase in sales due to the impact of Covid, leading to a pre-decision declining the application for residency.
The new owners of Cafe Tennyson wish to remain anonymous at this stage.