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Thread: Bonafide

  1. #1
    Join Date
    Apr 2017
    Location
    New Zealand
    Posts
    239

    Default Bonafide

    Hello everyone,

    My partner has applied for an Essential skills work visa because he has an offer of employment in a skilled job. I am posting here because I have a query with respect to the history we share with INZ:

    Oct 2016: I came here on a student visa-Level 10 qualification (PhD)

    Nov 2016: My partner applies for a work-rights inclusive spouse visa (for partners of students studying level 9 or 10 qualification in NZ)
    End of Nov 2016: CO gets back to us with a decision that "While I am satisfied at this stage that you are in a genuine relationship with your partner, I note that you both do not meet the ‘living together’ criteria required to assess this as a partnership under New Zealand Immigration Instructions, please refer to instruction E4.5.30 ,E4.5.35. We are, therefore, unable to approve a visa under the category of Partnership. In the interests of customer service and in order to provide you with an opportunity to meet that criteria of instructions, we have granted you a Visitor Visa (under the General Category), to allow you both to live together in New Zealand. Once this aspect of Instructions has been met, you may apply for a further visa based upon your partnership."
    Long story short—live together for some months in NZ with the visitor visa we are giving and reapply for the partner visa in future

    Feb 2017: My partner came here to NZ on a visitor visa

    End of March 2017: He gets a job offer

    April 1st week 2017: We applied for ESV

    Now, my question is—Will INZ think that his intentions are not bona fide because he was on a visitor visa which was granted as an intermediate step towards the possibility of applying for a spouse visa later? Also, he managed to get a job offer while INZ had given us the visa to be able to stay together here in NZ. Did we act in bad faith here?
    Help from the licensed IAs, JandM and all the knowledgable folks will be really appreciated.

    Thanks a lot!

  2. #2
    Join Date
    Feb 2008
    Posts
    36,074

    Default

    I don't think this point will cause any problems. Although, when people are applying for a visitor's visa of their own accord, the 'bona fide' angle is stressed, and I've said several times on the threads that a visitor's visa can't be considered a catch-all subsitute for anyone who doesn't happen to fit the criteria for any other visa and holders will be expected to go home at the end of a limited stay, the exception is when INZ themselves have granted a visitor's visa, like in your partner's case, as a means to help someone who obviously is likely to qualify for the visa they want, but doesn't quite do so yet.

  3. #3
    Join Date
    Apr 2017
    Location
    New Zealand
    Posts
    239

    Default

    Thanks a lot, JandM. This is really very helpful and we are relieved to know that we are on the right track as far as INZ rules are concerned.

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