Do declined residence applications affect future ones?

[elswyth]

I know I'm probably worrying a little too much here, but please bear with me.

I am applying for partner residence, and I think there may be some possibility of being declined due to either insufficient evidence or INZ being unsatisfied with my explanation about why my partner did not declare me when he applied for residence a couple of years back.

If it were to be declined under one of those grounds, do you think that would set me back in future applications? Say if we wait another year, then apply for partner residence again? Or if I get my qualifications for SMC, then apply for that later on while claiming points for my partner?

[JandM]

No, declined past applications don't affect future ones, not unless the person has attempted deliberate fraud, been found out, and been declined for that reason.

Think about it - there are all kinds of situations where the person doesn't quite make the grade, but then their circumstances change. Sorry, Mr Applicant, you haven't enough work experience - 2 years later, he has. Sorry, Mr Applicant, you would need a degree for that - 3 years later, he's got it.

But don't start thinking negatively yet. Chin up, as it all may come right this time round!

[elswyth]

Oh, yes, I definitely agree that SMC applications wouldn't set you back. Sorry, didn't phrase my question specifically enough - I meant for partner residence. If INZ says, "Sorry, we don't believe you're in a committed and genuine partnership because xyz" or "Sorry, we don't believe your partner's non-declaration of you was without intention to mislead", and you applied again further down the road, would they look back and say, "Hey, it's those same people whom we didn't believe back from 2012!"?

I'm def hoping it'll come around all right.

[Karen Phillips]

Hi. So long as you can convince them that there was no intention to mislead, there shouldn't be a problem. If it is turned down this time, I would definitely appeal rather than just wait and reapply. It's a tricky one. The only other downside to not having been declared on the original application is that you will not be eligible for a medical or character waiver (not suggesting you need these ). For future applicants, the moral to this story (as with so many others) is that it is better to declare everything up front - you never know when even an oversight can come back to bite you! Good luck! Karen

[elswyth]

How do you appeal? Do you need to hire an immigration lawyer for that?

Yeah, we should def have read the fine print when he did his SMC. Had no idea that I was a 'partner' after living together for a couple of months. Back where I come from you're either 'married', 'single', or 'divorced/widowed'. Haha.

[JandM]

Don't worry - I understood you, and was just using the SMC situation as an example. Your length of partnership, qualifying or not, is another situation that can change, obviously, as time passes!

There have been several couples on the forum before you who went through the same worry over not having mentioned the partner in the first place. In each case, it worked out all right when they'd told INZ what mistaken impression had led them to miss him/her out, and apologized profusely. Nobody can promise it will work for you, and it must be a worry, but hang in there, and all the best.

If it came to needing to appeal, there's a mention of it here (as not being something you may *complain* about, just pointing you in the right direction). http://www.immigration.govt.nz/migra...ntsprocess.htm

if you’ve been declined residence you can usually appeal to the Immigration and Protection Tribunal (IPT) within 42 days. Your appeal rights are listed in the letter declining your application for residence.

And here are all the details of the Immigration and Protection Tribunal, with links to all their forms and guides for use in different circumstances. http://www.justice.govt.nz/tribunals...o-make-a-claim Here's very much hoping that, like the other forum members before you, you don't actually need any of this.