Partnership residency received reply from CO...Headache...

[kathysmile02]

Received CO's reply after 3 months applying. Not sure if it is good of the quick time or headache of answering the questions...

Here below are what the office said:

Potentially Prejudicial Information

Issue 1
It has come to my attention that your have potentially prejudicial information that may affect the outcome of this application. This information is as follows:


It would appear that you have made a false declaration on your application form.

On page 13 of your application form, Question H3, you were asked to tick whether you were “ refused a visa/permit to visit, work, study or reside in any country, including New Zealand?”?” You had ticked “no”.
However, from our records you were declined an essentials work visa application by our I Branch.

Issue 2
In addition to above issue there is further potentially prejudicial information that may affect the outcome of this application. This information is as follows:

You have not been declared on your sponsor’s residence application.

I have cross-checked the residency application of your partner lodged on xx/11/2011, and note that he has not declared you on his application form. From the evidence (in particular the chronology of your relationship) you have submitted, it appears that you were already in a relationship with him from mid Jan 2012. Your partner should have disclosed this information to Immigration New Zealand before his residence application was finalised on the Nov 2012.

From this information it appears that your fall with the provisions of our Immigration Instructions F2.5 (e).as follows:

F2.5 (e) How do partners of New Zealand citizens and residents qualify for residence?

e. Applications for residence under Partnership policy will also be declined if the principal applicant* was a partner to the sponsor but not declared on the sponsor's application for residence.

The fact that he has not declared you, despite being in a relationship with you means that you fall under the provisions of F2.5 (e). Failure to respond to this opportunity within the specified time will result in your application being delayed.

Did anyone receive these questions before?
I think most of your relationship are the same. First, fall in love, then into a relationship, then talk about the future. We never know and are never aware of changing relationship status after problem happened to my first work visa application (support by company) which was fail lodgement.
And also, I thought fail lodgement which listed in my visa status was not declined...
That's why the above questions will be raised up by CO...
I am not sure if my explanation will be ok with the officer, Can anyone help to answer these headache? Or do I need to pay high fee to a lawyer?...

[Karen Phillips]

Hi. This is a very serious situation and unless you act quickly your application will be refused. I cannot say whether or not your explanation will be accepted without knowing what that explanation is. My advice is that you need help if you are to resolve this. (I am not suggesting or recommending that you use me - just get professional help from a Licensed Immigration Adviser or Solicitor). Whereabouts in NZ are you? I suggest you use someone onshore in NZ as they get a lot more practice at these. I have a number of contacts that I trust and would be happy to pass you a name. I think this will have to be by Private Message, so you will need to have made 5 posts to do this.

[kathysmile02]

Thank you, Karen. So you think this is a simple case, or should hand in to some senior lawyer to handle? thanks!

[JandM]

She said, 'Get professional help from a Licensed Immigration Adviser or Solicitor.' This is SERIOUS.

[Karen Phillips]

To stress how serious this is, not to frighten you, you could end up being refused not only this visa but future visas too if you don't sort this. Let me know where you are and I can give you the names of people who are trustworthy and can give you the best possible help.

[brandburg]

I'm also in the same situation. So any updates here?

[JandM]

kathysmile02 hasn't been on the forum since these posts, so may not see your question.