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Thread: parnter included in residency application

  1. #1
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    Sep 2015
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    Default parnter included in residency application

    Hello everyone! I just wanted to share my dilemma with INZ and maybe ask for some advice or insights from anyone who knows about this topic.
    I recently started working here in NZ under the SMC visa and have applied for my residency in July. I included my partner in the application and we submitted all documents relating to evidence of genuine and stable partnership. We have been together for almost 11 years and have lived together in a south pacific island for almost 4 years before I moved to NZ last December and she stayed in the island. We gathered as much evidence as we possibly can to make up for some of the listed documents that we don't really have. We gave joint bank statements with same address and financial interdependence, heaps of photos as a couple and with family and friends, letters from friends and families, our emails and long list of skype logs, past and future travel itineraries, letter from previous landlord and some letters sent to us separately to the same address... I also explained reasons why we don't have certain docs such as tenancy agreements and bills.. but still deemed insufficient by our case officer! I know some people (straight couples) who were granted partnership with fewer evidence and years as a couple than us. I don't want to conclude that this might be discrimination but evidence points otherwise and the reply I get from my case officer is very general and does not seem like she has really assessed and looked into our documents. She also has been asking me from the beginning if I wish to remove my partner instead since it might affect my application.

    what do guys think? open to suggestions and opinions
    Last edited by kriselissa; 1st September 2015 at 02:35 AM.

  2. #2
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    Feb 2008
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    37,847

    Default

    I recently started working here in NZ under the SMC visa and have applied for my residency in July.
    What visa are you actually on? I'm asking because you get Residence when successful under SMC, so what you have said doesn't hang together.

    I'm thinking that your trouble may possibly come from the fact that INZ have to look most closely at the 12 months leading up to an application for Residence for a partner. When you applied in July, you and your partner had been apart since the previous December, so your last 12 months come out as being 5 months together, then you left. This kind of pattern is always suspicious to INZ, who are very tough in their checks anyway, since partnership visas are a common target for fraudsters. Their conditioned response is to think that the partnership has broken up.

    Unless you have extremely compelling evidence for the 12 months till you left, to follow on from which you can redirect the CO's attention to your Skype and phone records covering the time afterwards, she may still refuse to consider this. Once you have your Residence, if you and your partner can get together again, perhaps by her coming to NZ on a visitor's visa, to collect evidence of three months' cohabitation, you could go the partner-sponsored work visa route. http://www.immigration.govt.nz/migra...milystream.htm

  3. #3
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    Sep 2015
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    Hi JandM. Thanks for your reply. I am currently on a work visa and have applied for residency under SMC. You're probably right, the doubt would be that we are not currently living together and have been apart for months. I did print out our skype logs since December and also submitted the mails that we sent to each other while apart (although very few since we keep in touch mostly in skype and fb). I also gave her extensive bank statements (mine, hers and joint) showing same address from July 2013- December 2014 and even highlighting our transactions. Individual letters posted to us (from family) in the same address were also limited (2-3 letters for each of us) since most correspondence now are thru emails and chats.

    Partner sponsored visa will be our next option. I have also explained to her some of the additional evidence I sent which she clearly did not understand based on her reply and subsequently told her to remove my partner in my application. She has not acknowledged my reply but only replied with the same content as her previous emails
    Last edited by kriselissa; 1st September 2015 at 03:21 AM.

  4. #4
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    I have ticked most of the documents needed as proof of partnership but the main thing we don't have is the joint tenancy and bills to our names and our CO had suggested at least monthly letters sent to us separately with the same address. I gave an explanation as to why we don't have these but I guess it isn't enough. As for proving we are in a genuine and stable partnership, I believe we have submitted extensive evidence of this dating back to 2004/5 but that is only my opinion.

    My next question is, will they return all our documents and can we recycle some of them for my partner's partnership based temporary entry visa?

  5. #5
    Join Date
    Feb 2008
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    37,847

    Default

    Yes, they should return your documents, and in your place I would make a point of asking for them.

    Here are old threads on the forum that might give you some extra ideas. https://www.google.co.uk/#q=site:enz...tnership+proof

    When it comes to collecting evidence for the next partner-sponsored application, you can make post happen for each of you, by e.g. applying for membership cards for clubs, or the library, or asking the bank some question that they will write to you to reply.

  6. #6
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    Sep 2015
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    Sorry I have another question.. it may sound stupid but what will happen to the status of my partner once she is removed from my application? will they advise her? because at the moment the status on her INZ online acct is pending. I hope it won't be read as declined

  7. #7
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    Feb 2009
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    Auckland
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    Don't take it personally when your CO suggests you to take your partner from the application, they must have suggested this in line with something else for e.g. in our case I had a job offer and was keen on joining the employer while my partner's medicals were referred to MA, as we were running short of time I requested our CO if there was any alternate option at which point the CO mentioned that I could remove my partner from the application and progress with SMC visa processing or alternatively apply for Work Visa (i.e. only myself as applicant).

    Regarding your question above, I'm guessing your partners application will be withdrawn instead of declined.

  8. #8
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    thanks for your reply sun777. I should have just let her apply for the partnership based temp entry visa in the first place even before I applied for my residency. I hope there's no harm in trying to get the residency straight away for her. I thought our evidence was enough but apparently they really want those bills and tenancy agreements.

  9. #9
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    Aug 2015
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    nz
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    Hi Kriselissa,

    I'm writing because we are in the similar situations.
    I'm just wondering if you can provide joint tenancy agreements and bills, your CO will be satisfied to approve your partner's residency although you and your partner are not living together?

  10. #10
    Join Date
    Mar 2017
    Location
    Hawkes bay
    Posts
    1

    Default Need HELP

    Hello everyone

    I am new to this website. But in hoping it give me some answers.

    I am a nz citizen, I married my husband in 2014 in nz,when he came to nz on a visitor visa. After we got married went and apply for a 2 year work visa to stay and work in nz. That when we found out that my husband was needed back in the island because of a crime that to both of our understanding it was sorted before he came, wasn't anything major. So our lawyer at the time showed us a deportation letter that was sent in for my husband to return back.we gave our statement to our lawyer and got this letter withdrown before a deportation orders wad put in.we waited maybe over a month never heard back from lawyer. But was last told his application is been process for work visa. Til going on to 2months we kept going back to our lawyer. Til we saw on the newspaper he had been stood down for over charging people so we rushes back to office was told we all had to wait til other lawyer takes on all his clients which my husband was among these. At the time my husband was still lawful in nz. It's took over 2 months til a lawyer got in contact with us. So he followed up my husband application to find out he didn't get the work visa but was now overstaying his visa because he was told as long as he has an application in with immigration he won't be subject to a ban if he does has to go back. So it was a no for the visa tried everything section 61.he had to go back to clear his name.so we paid his flight and sent his ticker to immigration for proof so he doesn't get into more trouble. So he left to go back to the island went clear his name.then went apply for work visa which got decline and told him to apply for residents because he was married to a nz citizens. But kept getting told he has a ban for 5 years. I kept going back to lawyer was he been ban when we did everything correctly. So then was told to his resident application under partnership going through special direction. It's now been 14months and still been told it's still processing we are expecting our first baby. HOW LONG DOES IT TAKE FOR IT TO PROCESS. We have spent money and it feels his application going no where! They said it in with the minister and minister don't give time frame of how long it take for it to process. Can anyone help! Im having some difficulty with my pregnancy and my husband not been here adds on the pressure it's been 2 years since he went back but 14months since application been in with immigration. HELP HELP PLEASE

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