Struggling to provide extra evidence for residency

[em720]

Hi all,

I had a disappointing email from my case officer, saying the evidence submitted by us regarding our relationship is insufficient. The case officer highlighted in bold the “living together for 12 months +” part.

We have been together 7 years, and I have been studying for 5 of those years, so we were unable to live together. In November 2015 we were able to move in together, and we lived together until our departure for Central America in September 2016. So that’s 10 months living together. I supplied our tenancy agreement with my initial residency application. We then travelled in Central America for two months, reached New Zealand in December 2016, and travelled around New Zealand until February 2017, where we moved into house share and have been living together in wellington since then. So with the initial 10 months in the U.K., and the almost 10 months living together in wellington, we have surpassed that requirement to have lived together for 12 months plus.

Our issue may lie with our informal living arrangement here in wellington. We are living in a house with another couple, and paying them rent and money for bills. So we don’t have our name on any bills. But that I would’ve thought is normal for young professionals house sharing in a city. I provided a letter from the landlord and owner of the house, with our residency application, stating how long we had been living there for.

How is this not sufficient evidence to prove we have lived together for 12 months? The only reason there was a gap was when we were travelling en route to New Zealand, and travelling around New Zealand.

I don’t know what else we can do for this “12 months living together” part? I supplied original Uk tenancy agreement, with the beginning and end date, and then the letter from our landlord in New Zealand.

What else can I / should I do?

My case officer gave me a deadline of November 14th, which helpfully coincides with my holiday. I’m desperate to get as much evidence together before that deadline, as I don’t know what it means if I miss the deadline (will they reject the visa?). I asked my case officer but she hasn’t replied, and now may not reply until after the deadline.

Anyone else had this problem? I submitted as much evidence for our relationship as we possibly could. Photos spanning 6 years, support letters from both our families, and the few joint things we do have - car insurance here in New Zealand, and a joint account back home in the UK. I have no idea what else we can do! Just because we don’t own a house together or share a car ownership, surely doesn’t mean we are not stable and genuine. The fact that we did long distance for 5 years in the U.K. should surely prove if anything that we ARE stable and genuine.

Any advice much appreciated. Am slightly at my wits end as am at a work conference all week, and then going straight on holiday, so I’m really going to struggle to meet this deadline I’ve been set by the case officer.

[JandM]

You need to provide a variety of evidence to show that you are and have been sharing normal life activities together. Have a look at these old threads https://www.google.co.uk/search?sour....0.nRvH8dVEP4Y, which have discussion and examples of the different kinds evidence people use for this.

Remember, this is the kind of visa that is most often targeted by criminals paying people to lie to get them a visa. This is why it gets such close scrutiny from INZ. A couple of formal documents are NEVER going to be seen as sufficient. Within reason, overkill is good.

Also, INZ are programmed to see any gaps in the evidence chain as suspicious. Anything you can find and supply for the times when you weren't permanently based anywhere will help. Travel documents? Tickets? Booking of accommodation? People you met along the way?

You need to reply to the CO before the deadline. If you haven't gathered all your evidence by then, but more is coming, you need to say so, telling her what you have been doing to meet her requirement, then she MAY allow you a little extra time. If you don't respond at all, then the case will be judged on the basis of what she has now (which she has already told you is not enough).

This is quite possibly more important than going on holiday.

[em720]

Hi JandM,

thanks for your reply. I'll have a look at that google thread, thank you.

I absolutely understand the scrutiny, and therefore submitted as much evidence as we possible could. I will definitely supply some evidence for the gap we technically didn't live together, although I already did submit our flight tickets to central america, and photos. I can find a a few more booking documents though for hostel bookings.

I'll get as much to her as I can this week, and let her know the rest is on the way.

I absolutely agree its more important than the holiday, but I also don't think asking for a little extra time to submit things is unreasonable. Last time for example it took two weeks for our printed photos to arrive, which if that happens again, will take us outside of the deadline period.

If for example, the relationship evidence remains sufficient (which I have a feeling it will, as I honestly tried to gather everything on the list I possibly could), then will INZ reject just my partner from the residency (assuming everything else for me is fine), or will they outright reject the visa for both of us? Im the principal applicant, and I am not claiming any points for my partner.

[raleigh119]

Evidences of living together include joint property ownership, joint tenancy agreement, and joint correspondence. Flatmate agreements are specifically excluded. I think any other proof of living together aside from these three are under the prerogative of the CO. If you don't agree with the outcome, then make an appeal or otherwise apply for residency base on actual merit or skill.

https://www.immigration.govt.nz/opsmanual/46512.htm

[JandM]

If for example, the relationship evidence remains sufficient (which I have a feeling it will, as I honestly tried to gather everything on the list I possibly could), then will INZ reject just my partner from the residency (assuming everything else for me is fine), or will they outright reject the visa for both of us? Im the principal applicant, and I am not claiming any points for my partner.

If the CO still finds there is not enough proof, even after you have submitted more, what normally happens is that s/he asks you if you wish to have the whole application refused, or if you prefer to remove your partner from the case so you have a chance to get the visa yourself.

Raleigh119, while quoting E4.5.35 b at that link, you have missed out consideration of paragraph c, just underneath. It's also true that people who have *only* been co-tenants of a flat aren't considered to have been living together during that time, but many forum members have had the same arrangement as em720, where a couple have a shared private space in a shared house with other people, and have proved this by letters from their co-tenants, explaining that they have their own bedroom (and whatever other space) that is not in common with the others.

[raleigh119]

My understanding of E4.5.35 is that paragraph B and paragraph C are two different requirements: Paragraph B as specific evidences of living together; Paragraph C as evidences of a stable and genuine relationship - which is why Paragraph B mentions specifically examples of documents which INZ will accept regarding living partners together. I'm not saying that INZ will not accept letters from the landlord/owner or other tenants, since paragraph B does mention the phrase "is not limited to", however accepting these letters as evidences now becomes a prerogative of the CO. Had OP signed a tenancy agreement together with the partner (it's as simple as downloading the legally binding Residential Tenancy Agreement from Tenancy Services NZ) then OP probably wouldn't have this problem now. Also, paragraph h of E4.5.35 mentions presence or absence of any of the documents, information or evidence listed at E4.5.35(b) and (c) is not determinative so yes, there is a chance that INZ will accept the letters but like I said, the case now became more dependent on the CO.

[Jenny_Lee]

I did received the same email from CO, and what I think is maybe you need to provide the evidence for the gap as well even though it is not tenancy agreement maybe explain in a notes like why there is a gap, and what kind of evidence you can provide, this is what I did as well. Hope it can help.

[em720]

Thanks Jenny_Lee. I've had new contact with my CO, who said the gap is not what they are focussed on, its our time living together in New Zealand, and our time living together in the UK, which is what they want more evidence for. Hopefully we will get there! Thanks!

[em720]

Thanks JandM, I will get a letter signed by the co-tenants of the house.

Also, I can't believe I didn't think of this, but both our payslips have our address written on them - these will surely help? Completely forgot to even consider these! Although they are obviously separate payslips for each of us, they obviously both have the same address on. fingers crossed this will help too.

[em720]

Hi Raleigh. My residency application is based on actual merit and skill. I am not claiming any points for my partner. He is on my application, as my genuine partner. So there is a potential for him to be rejected, but for me to still get the residency, as JandM mentioned elsewhere on this thread. Hopefully it won't come to that, but at least that would be better than neither of us getting residency.