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Thread: Work Visa Based On Partnership (Depended Child)

  1. #1
    Join Date
    Jun 2013
    Location
    South Africa
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    3

    Default Work Visa Based On Partnership (Depended Child)

    Hi all..

    Major issue.. My girlfriend (now wife) moved to new zealand last year in june and got residence through depended child category.
    I arrived in NZ in March this year. We applied for work visa based on partner and immigration replied quick and swiftly with the fact that she declared she was single when she got her residence as it is one of the requirements in that category.

    We had to submit strongly supported letters to persuade them not to take her visa away as they believed she mislead immigration NZ by not mentioning me at the time of her application, which was not the actual case. We were positive and convinced that we were not in a De Facto, more GF and BF stuff relationship. She was single and depended on her father who holds PR. After we got that stone out of the road they declined it in the end saying we did not provide enough convincing evidence of the relationship being genuine and stable. My time is almost up in NZ and some advice would be worshiped for lol.

    My Questions are : Can she sponsor me in the future for the partner work visa or will they bring up the misleading subject again?

    Will getting a student Visa and building more evidence sort out the evidence issue?

    On what grounds or by what request can I extend the visa? (Its a waiver-visa of 3 months)

  2. #2
    Join Date
    Feb 2008
    Posts
    37,843

    Default

    Yes, in the future she can apply again to sponsor you. I think you should find that the issue of her being single at the time of the first visa has now been cleared up, and you can take it at face value that the problem right now is ONLY insufficient evidence.

    Putting together more evidence, and having evidence of longer in a live-in partnership, should sort matters out, but of course, as you know, you need a valid visa to be on while you're doing that. A student visa, if you can be accepted on a suitable course, could do the trick, or your own last question may hold the key.

    On what grounds or by what request can I extend the visa? (Its a waiver-visa of 3 months)
    http://www.immigration.govt.nz/migra...isitorvisa.htm I notice there is the option of a partner-sponsored visitor's visa mentioned, which may be helpful, too - that has sometimes been granted, even when INZ did not want to grant the work visa straight out.

    How long a partnership did you provide evidence for? Although no time is mentioned in the regulations, from what we see on the threads, around three months appears to be the trigger point that persuades INZ all is well.

    Here are some old threads about proof of partnership that you may find helpful. http://www.google.co.uk/#sclient=psy...iw=818&bih=519

  3. #3
    Join Date
    Jun 2013
    Location
    South Africa
    Posts
    3

    Default

    Thank you so much for the reply JandM!!

    I provided them evidence of our partnership since October last year (Flight tickets, Photos, Bank statements etc). They were convinced we were in a De Facto before.
    Unfortunately we provided them with reference letters stating we knew each other since November 2010 (Which is not false, but we didn't live a shared life).
    It is very frustrating that they are convinced we were De Facto before she arrived, yet they are not convinced that we are currently in a stable and genuine relationship (We got married in NZ during my stay)?

    My only concern with her sponsoring me in the near future is that in the last letter INZ sent me stating it was declined, they didn't mention that they were questioning her character anymore as in the first letter, before we explained in a letter supported by relatives and NZ employers that she was a good and hard - working person with no bad and misleading intentions, but they still mentioned after stating we are not stable and genuine that they are not satisfied with the credibility of my current account and that there are inconsistencies in our relationship background.

    Question: Does the fact that they did not take her PR away state that the issue is resolved? (So that she can sponsor me again)

    I have 5 days left in NZ. I have a letter of offer from a University for the Student Visa. Is this my only option? Or can I lodge an application for visitors visa extension with her sponsoring me?

    My situation is very tight and don't want to cause more harm then good regarding INZ.

    Please Advice !!

  4. #4
    Join Date
    Feb 2008
    Posts
    37,843

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    The form of words, 'a stable and genuine partnership', isn't calling anyone's character into question. It's just the INZ official wording. INZ cannot judge the nature of people's feelings, so they base their grant of partner-sponsored visas ONLY to issues which can be visibly known and evidence provided; that is, the fact that the two partners have a consistent live-in relationship.

    In your case, because of the old evidence of a bf/gf partnership which then got interrupted by her saying she was single when getting her NZ Residence, there may be some muddying of the waters. The partnership visas are the EASIEST for fraudsters to use to get a visa by getting somebody to lie about a relationship, so they are the most carefully scrutinized. A marriage does not carry any extra weight. You have some arguing to do here, and some collecting of further evidence. I'm sure it must feel as though these doubts are offensive, aimed at your most private and important feelings, but truly, it's not personal. The doubts are for the fraudsters - YOU know you're honest, but INZ have to check you out and be convinced.

    I cannot advise you as to what choice to make. (It's against NZ law for anyone not a licensed immigration adviser to do that.) I'm sharing links, and knowledge of what other people's experience has been.

    Any visa involving your wife is going to take longer time, because of the doubts currently in the air. Clearing doubts about the partnership is going to take time, and you have time pressure because of your present visa being about to expire. You can apply for a student visa in your own right. If time is tight on the processing because of INZ's own problems getting it through in time before your existing visa runs out, they do have a way round available. http://www.immigration.govt.nz/migra...ts/interim.htm

  5. #5
    Join Date
    Jun 2013
    Location
    South Africa
    Posts
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    Default

    Thank you again JandM..

    I decided to lodge an application for a general visitors visa this morning. Hopefully INZ will grant me some more time to build some solid evidence regarding our relationship (Joint accounts, bills, rent, contracts, marriage etc).

    If the Visa is granted and we built up some evidence I decided to apply for partnership Visa again.

    Fingers crossed !!!

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