An Auckland father facing deportation next month says his relationship with his three children should have been grounds for him to stay in New Zealand. Israeli-born Segal Erez's temporary work visa expired in May and he was told he would not be able to apply for residency because his relationship with his sons' New Zealand mother had ended.
His sons, Jayden, 6, Tristan, 3, and Ethan, 1, now face growing up without a father. Erez, who has lived here for eight years, said he was unable to produce a job offer to apply for residency because he runs his own business - a construction company that repairs leaky homes. He was told he was required to leave the country on May 19 but prepared an appeal.
According to the Immigration Act, an appeal can be brought under "exceptional circumstances of a humanitarian nature". Erez said this applied to his family because his children deserve to grow up knowing their father.
He said if his failed relationship with his partner was factored into his visa application then his relationship with his boys should also be taken into consideration. However, Erez said due to his own ignorance and unsound legal advice he did not know his appeal had to be received within 42 days of him being unlawfully in New Zealand.
His appeal arrived at Immigration on August 3, almost a month after the final due date, and was automatically declined as a result. He said he was now being ripped away from his children due to a technicality. "No amount of stupidity and paperwork negligence on my behalf is worth them growing up without a dad."He said he felt like he will "lose it" being in Israel while his children grow up on the other side of the world.
"There I can't see them and I can't protect them and I can't know if someone is bullying them at school and I can't help or know or do anything about it."He said the "saddest thing out there" was no state services have intervened for the sake of what is best for the children.
"I've ached so much - it's emotional abuse from the system. They've taken so much already from me and my kids," he says. Immigration New Zealand operations support manager Jan Clark said there is no immigration category for parents of New Zealand citizens who are under 18.
Due to privacy issues she said she could not comment on particular cases but said self-employed people who were eligible to apply for a Long Term Business Visa, which would put them on the path to residency under an entrepreneurship category.
A 2009 Supreme Court decision highlighted legal flaws in the way Immigration New Zealand dealt with two overstayers who had children who were New Zealand citizens. The court upheld appeals from the Chinese parents on the basis that deporting them would be against the best interests of their children.
Erez, who said he did not have enough money to take his case any further, was now seeking assistance from Auckland's Jewish community to help him pay for legal advice. He now has until October 5 before he faces deportation.