URGENT HELP,,plz work visa and resident visa based partnership.

[jordy]

i applied my resident visa in feb 2016 and work visa july 2016. my previous work visa was based on partnership expired on 28 july 2016. im on interim visa till 26 jan 2017. we are in stable and genuine relationship. we are togedher from december2014. i forum is about me and my partner interviewed in immigration. everything went wrong coz immigration officer grabbed our phones. they saw text from each other having arguments. they saw my partner asking someone to drop weed. my partner and im quite depressed now. she and her whole family can do anything to keep me in the country. In case, my work visa declined my resident will still in progress. what i can do,, do i have to leave country, i can get visitor visa.. i want help so badly. thanks a lots guys.

[JandM]

Is the residence visa application also based on partnership?

[jordy]

yes it is.

[JandM]

Since you mention that your partner had a text asking for an illegal drug, I presume you are worried that that might work against you, by making her ineligible to sponsor you. It doesn't look as though that is the case, if she does not have convictions.

Your partner’s character

If you apply for a visa based on your partnership with a New Zealand citizen or resident, your partner will need to meet character requirements. If they have any convictions for domestic violence or sexual offences in the 7 years before you apply, they won't meet our character requirements for supporting partners.

Your partner may need to provide police certificates to be able to support your visa application.
Police Certificates

Sometimes we can grant a character waiver to a partner who doesn't meet our character requirements. We we decide if we'll grant a character waiver, we'll take into account things like:

the seriousness of the offence
whether there is more than one offence from one or more events
how long ago the event or events happened.

https://www.immigration.govt.nz/new-...on/partnership

Is there some reason that INZ might have thought you were not living together? Do you think someone might have given them information to cause trouble?

If INZ officials came to your home, surely they could see you were both living there, couldn't they?

If INZ feel, after that interview, that they have reason to decline your visa, they are unlikely to do so without sending you a PPI (potentially prejudicial information) email, which is when they tell you that there are certain things that don't seem to fit with the requirements for the visa, which might mean they would have to decline it, but they give you a chance to comment further on whatever the PPI is, and provide more evidence if you wish. So you're unlikely to get your application declined without any further warning. (I wonder, did your arguing texts say things about moving out, or splitting up? Even if they SAID that, if you didn't DO it, and you can prove it, you're still meeting the requirements.)

Is your job skilled? Is there any way you could get a visa in your own right, based on your work?

If INZ eventually found it necessary to decline your partner-sponsored work visa, I don't think they would continue working on the residence application - the two visas rely on the same evidence, that you're living together.

[jordy]

tnx, no sorry i dont have skilled job. there was nothing in the texts to split up. my partner have trust issues it was about that. she dont have any convictions. she told in the interview it was for her cousin. Her cousin is also keen to give us statement that my partner were finding stuff for her. they have came in our home early june as well, we were sleeping together then they asked mine and my partners all bank details since accounts are open and then they invited us for interview in immigration branch.

[JandM]

Coming to your home, asking for your bank details and seizing your phones sounds as though either there has been information laid, or as though they or the police think you may be mixed up in criminal activity. If YOU have been, they have grounds to refuse you. If your partner is - and supplying drugs to her cousin, if she went through with that and they had enough to charge her, would fit the case - they might have doubts about her eligibility as a sponsor.

[jordy]

Heard back from immigration yesterday, they give us chance to prove ourselves that we are in stable and genuine relationship, according to immigration they went through our phones they think we argue alot, once we were texting splitting up when we were angry,,, can anyone help me,, contacted alots of advisors few got back to me and alots didn't yet. I'm thinking I hv to reply myself because immigration only gave us till Monday to comment or reply. Can any help me what sort of documents we need ,,
Tnx alot for help guys specially jandM ,,

[JandM]

Yes, you're right. You have to speak to INZ for yourselves here. Nobody - adviser or lawyer - can make the past different, so INZ now KNOW that you had a row and 'shouted at' each other by text, so you've got to explain yourself/yourselves. I'm sure it's uncomfortable to feel that government officials know your private business, but remember that they see all kinds of people's lives, so for them, it's everyday stuff.

Right. INZ have said they want more proof you are in a stable and genuine relationship. That means they want MORE evidence that you are living together. This is a common and normal thing to happen - after they have processed the case, and it has taken several weeks, they ask you to show more stuff of the same sort you have already sent, showing that you are both still there at the same address, and still going around together, still sharing your shopping, etc., etc.. So, find some more mail, some more photos, maybe, more letters from your landlord, neighbours, work colleagues saying you're still together, any invitations to you both. Like I said, the same sort of thing you have sent before.

As to the texts, you will need to explain as best you can. He was annoyed about x, she was annoyed about y, you got into a shouting match, someone slammed out to cool off and clear the air, and/but the 'shouting' continued by text while you both were in a temper and saying things you didn't mean. Afterwards, when you had both calmed down, you got together and made peace, and of course there's no question of either of you going anywhere - it was just words in a temper, and hot air that didn't mean anything. And INZ can see that, because there you still are, and officials even found you there together.

I'm not suggesting anything about the drugs messages. That could turn out very badly for you. It's against the law to do anything, even for someone else. When you're in the middle of a process that requires both of you to be of good character, give police checks and so on, it's daft to do anything that makes the authorities wonder if you would even THINK about lawbreaking. Not good.