living together for 12 months or more in a partnership-Skilled Migration

[Ranga]

Hi Friends,

I am almost at the final stage of the migration(ITA documents submitted,Waiting for Interview) but I have faced the below matter.

We were married in June 2015 and working in abroad.My wife has resigned after the marriage and in October 2015 we had a great news of pregnancy. Since I am the only person she can call in emergency(If something happens while wee are away from home country) we decided to send her to our home country so she can have the better medical support/caring from both of our parents.We have lived together around 270 days out of 365 days.
During her stay at our home country,I visited her multiple times.

But my immigration officer has sent me an email saying that, I am unable to get her 20 points (for her Academic qualifications) even we are in a genuine relationship.So I am short of 20 points now.

An immigration officer is satisfied that the principal applicant and their partner have been living together for 12 months or more in a partnership that is genuine and stable (see F2.10.1) and otherwise meets Partnership instructions (see F2.15).

Can you please advice me on this matter ? I have all the medical reports to prove the pregnancy.

[JandM]

Can you please quote the CO's email on this matter? I don't understand how what you have said would fit with the regulations.

As this may be related, have you submitted an IQA for her qualification, and proof of her English proficiency?

[Ranga]

Can you please quote the CO's email on this matter? What you have said does not seem to fit with the regulations.

As this may be related, have you submitted an IQA for her qualification, and proof of her English proficiency?

Hi Jand,

Thanks a lot . Yes we have submitted the IQAs for her qualifications .I am here pasting the email I received with some of the sensitive data masked as this is a public forum.(I hope you have relevant information . )

Our assessment of your application
We have completed an assessment of your application and have identified the following issues which may have a negative impact on the outcome of your application:

* You do not appear to meet the requirements of SM17.5 Bonus points for a partner's recognised qualifications

Bonus points for a partner's recognised qualifications
Immigration instructions at SM17.5(b) state:
A partner's recognised qualification only qualifies for points under this provision if:
- the partner is included in the application; and

- the partner meets the English language requirements for principal applicants (see SM5.5); and

- an immigration officer is satisfied that the principal applicant and their partner have been living together for 12 months or more in a partnership that is genuine and stable (see F2.10.1) and otherwise meets Partnership instructions (see F2.15).


At this stage we are not satisfied these requirements are met as you have not sufficiently demonstrated that that you and your spouse have been living together at the same address for more than 12 months.

We note that you and <Partner_name> were married on 29 October 2014, after which you have indicated that you returned to Malaysia. You explained that you returned to <Home Country> in order to attend your wedding party, which took place on 15 May 2015, after which you honeymooned in Thailand for one week. You have then indicated that <Partner_name> moved to Malaysia with you on 29 July 2015, and that you returned to <Home_Country> together in December 2015. You have told us that you then returned to Malaysia alone, while <Partner_Name> remained in <Home_Country>, and that you have visited her in <Home_Country> since.

As evidence of your relationship, you have provided the following documents:
<Ducument_List>
<Wedding_Certificate,Baby_birth_Certificate,Weddin g_Cards,Join Insurance documents,Letters of support from Parents etc>

These documents help to demonstrate that your relationship is genuine and that you have been involved with your partner for an extended period. However, we note that your usual place of residence since April 2014 is Malaysia and your partner’s usual place of residence is <Home Country> (with the exception of the five months spent in Malaysia in 2015). While we acknowledge you have spent time together since October 2014, it does not appear that you both live together. Further, you have not supplied sufficient credible evidence that you have lived together for more than a year.

Based on the evidence provided, we are not satisfied you have demonstrated you have been living together for more than 12 months as required by SM17.5(b)(iii). As a result we have been unable to award the bonus points claimed for your partner’s qualification.

What this means for your application

Based on this assessment of your application, you have fallen below the minimum selection criteria of 140 points if no job offer is held. The need to hold sufficient points for approval is outlined under immigration instructions SM4.5 and SM4.15, which have also been attached to the end of this letter for your reference.

Please refer to the table below:

Aspect Points claimed Points awarded
Age 25 25
Qualification 60 60
Qualifications in an area of absolute skills shortage 10 10
Work experience 15 15*
Work experience in an area of absolute skills shortage 10 10*
Partner’s qualification 20 0
Total 140 120

*Subject to further verification
As the issues detailed above may affect the outcome of your application, we are bringing them to your attention out of fairness to you.

We have not made a decision on your application at this stage. This letter gives you the opportunity to make any comments and submit any additional evidence or information in relation to these issues.

All supporting documents must be original or certified copies of originals. Any documents not in English must be translated into English by a recognized and independent translation service.

What happens if you do not send any comments or additional information?
If you do not send any comments or information by the date requested above we will make a decision on your application based on the information you have already given us. We are unlikely to approve your application based on this information.

False or misleading information
Providing false or misleading information or withholding information may make you ineligible for a visa.

What happens if your circumstances change?
You must tell us about any changes to your circumstances that may affect your application for a visa, including but not limited to changes to the following:

* the personal or family circumstances of any person included in the application

* your address or contact details (including postal address, email address, and telephone number)

* your business or employment

* your course of study if you are applying for a student visa.


If you do not tell us about changes to your circumstances, we may decline to grant you a visa or you may become liable for deportation. While you are in New Zealand, you must make sure you hold a valid visa at all times.

You will need to tell us your application (see the top of this letter). Please be ready to quote them when you phone.

[JandM]

If there is not any time together not covered by what the CO wrote, I'm afraid there will be nothing you can do.

I'm afraid that having a reason for her being away (the pregnancy) is not going to be considered a substitute for her being there in your home when it comes to INZ regulations. To be considered a partner for the purposes of a Residence application requires strong evidence of 12 months' living together.

[Ranga]

If there is not any time together not covered by what the CO wrote, I'm afraid there will be nothing you can do.

I'm afraid that having a reason for her being away (the pregnancy) is not going to be considered a substitute for her being there in your home when it comes to INZ regulations. To be considered a partner for the purposes of a Residence application requires strong evidence of 12 months' living together.

Hi Jand,

Thank you so much for the reply. We were together in 9 months. Can I ask case officer to hold the application for another 3- 4 months so we can complete 12 months stay together ?
Or else what are the possible workarounds I have for this matter ?

[JandM]

There's nothing to stop you asking, but I doubt that the request will be granted. Good luck anyway.

If they refuse, then your application will be put into the pool. It has the right to be there until six months after it was lodged. If there is enough time that your wife could be back with you to complete the missing 3 - 4 months, you could collect evidence of that as it goes along, and you could then ask INZ to re-select your EOI when you would have the right to the points from your wife's qualification.

If there isn't enough time to 'save' this EOI, then the only option will be to put in another EOI when your wife has been back with you long enough to qualify.

[Ranga]

Thanks so much Jand for clear and useful information .EOI 6 months has been already passed unfortunately ..My application was taken from the pool within 1 week after the lodgement.I Will see what CO says regarding this .

[Ranga]

Dear Jand,

My wife's pregnancy was bit complicated (She had an Ovarian cyst) and due to that I had to do the surgery at our home country( It was a expensive surgery/We wanted better caring from our parents since at Malaysia we were alone).

1)If we were forced to be separated by these medical conditions , will we get a positive feedback from the Case Officer ?
2)When is the 12 months period counted from.Is it the EOI submission date ? Can I ask him to give us another few months to stay together now onward so we will complete 12 months.

I have paid all Visa processing fees and it seems I am going to miss it all due to this unexpected medical conditions we had to face.

Thanks in advance.

[As you said correctly,Case Officer rejected to accept pregnancy as a valid reason.So I am going to explain him in detail (with the relevant diagnosis cards) complications we had.]

[JandM]

1) No, COs don't have this kind of discretion to bend the rules.
2) Yes, it's from date of lodgement, and no, they can't bend these rules either.

I'm afraid you are going to lose your expenses on this application. It is not worth pleading your case. You are dealing with a government institution which has no leeway for individual life events in the way it applies the law.

[Ranga]

Dear Jand,

Thanks for the advice..

In this case, can I ask CO to evaluate my work experience ?
In case I lodge my application again, I would be much more confident about my eligibility second time. (CO didn't evaluate it so far as he/she realize I am not able to get that 20 points)