The Tserings are desperate to remain in Dunedin, and are asking the Minister of Immigration for a dispensation for Mr Tsering to stay.
Under section 61 of the Immigration Act, the Minister has power to grant a visa to anyone unlawfully in New Zealand, at the Minister’s absolute discretion.
Mr Tsering arrived in New Zealand in March, sponsored by his mother-in-law.
However, Immigration New Zealand is not convinced his marriage to Patricia, a Dunedin woman, is genuine, and has refused to renew his visa.
Mr Tsering’s visa expired last month, which left him 42 days to convince authorities he should be allowed to stay in New Zealand.
That time elapses on December 20.
The couple married in India last year, within weeks of meeting. Thuten Kesang, honorary secretary of the New Zealand Liaison Office of Tibet, last week wrote to INZ vouching for the legality of the couple’s marriage and endorsing Mr Tsering’s application to stay in New Zealand.
Last weekend the couple held a "reaffirmation of marriage" ceremony in Dunedin.
Mrs Tsering — who came home to New Zealand to be close to her ageing mother and relations — said she would be forced to leave family and her jobs in Dunedin to follow her husband if he were to be deported.
"We cannot believe this situation is happening in New Zealand," she said.
INZ investigated the Tserings on their arrival in the country, and paid a surprise 7am visit to their Dunedin home to question them.
The department believes partnership requirements for a visa have not been met, and has questioned whether the Tserings are in a credible, genuine, stable relationship.
The Tserings have launched a last-ditch effort to convince INZ their marriage is genuine, and written to officials and the Minister.
Where Mr Tsering would go if he is deported is unknown.
As a Tibetan refugee he would require a visa to return to India, but he has yet to hear back from Indian authorities regarding his application.
