PPI Letter

[MSM]

Hello everyone!

I have a pending resident visa (partnership category) and my CO has sent a PPI Letter stating that everything has been satisfied on the application except for the fact that it was lodged prior to the 12 month cohabitation period. Here is the situation - I may have misunderstood the requirement as the INZ 1002 Residence Guide brochure (I utilised the brochure issued November 2017), on page 12 in 'Completing Section J - Family/Partnership Category', states "You may apply for residence at any time under these instructions, but to be granted a residence class visa you must meet all requirements and have been living together in a genuine and stable partnership for at least 12 months." As there is no mention specifically that this is based of date of lodgement, I was under the impression that the 12 month period would come into account once the case officer processes the file, which at the time had an estimated processing time of 4 months per the INZ website.

The lodgement date recorded was 26/01/2018 and our 12 months of cohabitation was on 31/01/2018...a difference of less than a week.

Has anyone been in the same situation? Does a PPI Letter regarding this specific item result in a denial? I have another week to submit a reply to the PPI Letter...this entire process has been straightforward up until this point so I am a bit frustrated if it was simply an error made on my end!

[Nzs]

I refer you to Immigration Instruction F.2.5diii)

F2.5 How do partners of New Zealand citizens and residents qualify for a residence class visa?

D) An application under Partnership Category will be declined if:
iii)the applicant and New Zealand citizen or resident partner have not lived together for 12 months or more at the time the application is lodged;


The description you just stated appears to show that you do not meet the 12 month requirement outlined in the above instructions and as per that instruction it will very likely get declined. I know that you were probably really eager to get your application in but there's not much the Immigration officer can do, they have no ability to make exceptions to residence instructions. Unfortunately the Immigration Instructions are well published and are what Officers assess on. Even if the person lodged it 1 day before the 12 months it would still be declined.

Errors can be annoying but unfortunately the rules are the rules.

There is nothing I am aware of that is preventing you from relodging a new application, unfortunately it will put you at the back of the queue and the waiting game will begin again.

[georginnes]

I haven't heard of such situation before but you would think that if the difference is only for a few days they would have sent the application back saying it failed lodgement as it didn't comply with that requirement or that they would make an exception if the CO is satisfied that the relationship is super genuine and stable.

Have you lodged other partner applications, like for a partnership work visa and if so, how long ago was that? Perhaps the fact that INZ has recognised your relationship before could be of help.
It's weird (or maybe not weird at all if the difference is only a few days) that the documentation officer didn't realise of this before and that the application has gone through processing.
Searching I found a thread from David12345 of an approved Residence without having the 12 months exactly living together so I would not dare to say that it will most likely be declined. https://www.enz.org/forum/showthread.php?t=51708

Even if the INZ Instructions say clearly that the application should be declined, most common people only read the Visa Application instructions INZ1002. The INZ Operations manual has been made public for some reason I ignore but the reality is that is aimed to CO's specifically and are not meant to be used as an application guide for future applicants (I know I would argue that point with my life) and I just double checked and both INZ1000 and INZ1002 don't mention the ''at the time of lodgement'' part anywhere. So in one hand you have not super clear wording in the information that has been provided to you but there are very clear instructions on how to proceed in this case that is not at all in your favor... sounds complicated and entirely discretionary to me but I know nothing haha.

By having read this Forum so much I learnt a few things like
PPI letters give you a chance to argue your case. It could be as simply as letting your CO know that you didn't find specific wording and you thought it was all good because it didn't fail lodgement.
and that everything is possible with INZ so if I was you, I would write a very nice and concise letter explaining the why and how but maybe JandM has a better idea about this.

Whatever you do, best of luck! and let us know xx

[Nzs]

Please don't get your hopes up with what Georginnes is saying. Officers do not use the applications guides, those are not what your application is assessed against. It is assessed against the instructions in the operations manual. They have no discretion to be lenient when it is clearly worded in the instructions and they cannot give exceptions to instructions in Residence. The operations manual is not aimed at CO's it is aimed at everyone. It is designed and made in a way that the rules are transparent to everyone and everyone knows the rules they are being assessed against.

For clarity, documentation officers do not assess partnerships, they simply check the lodgement requirements and put together the files for the case officers to work with. The instructions I have quoted above is a Family Partnership instruction not a lodgement instruction. Documentation officers do not have the authority to assess applications, that is why it was not failed lodgement.

[JandM]

I agree entirely with what nzs has said.

Any INZ official is applying the immigration regulations, which are part of the law of New Zealand. For one of them to say, 'You NEARLY meet the requirements, so okay, go on then, never mind that you actually don't,' would be illegal, in the same way as if a police officer was aware of some criminal activity but turned a blind eye and didn't take action.

A PPI communication is INZ's way of saying that there is a point in your application which doesn't meet the guidelines and can't be ticked off, and which, if you don't supply further evidence, or some explanation, is likely to lead to the application's being rejected. I know this is hard. All you can do is explain yourself as best you can, and see what happens.

[gayyanm]

Hi MSM, I am sorry to hear about your troubles. It must be so daunting to get stuck at the very last step, but this is what I found in the Ops Manual:

"F2.35 Deferring the final decision if the partnership is genuine and stable but less than 12 months duration (to 08/05/2017)

Note: These instructions cease to be effective from 8 May 2017.

An application can only be deferred if the applicant has been assessed as living together in a genuine and stable partnership with their New Zealand citizen or resident partner but the 12 month qualifying period has not been met.
If, after assessing an application, an immigration officer is satisfied the couple are living together in a partnership that is genuine and stable, but the duration of that partnership is less than the 12 months required, (see F2.5(a)) they may defer the final decision to enable the qualifying period to be met.
If the principal applicant wishes to be in New Zealand with their partner during the deferral period, they may be granted a work visa (once an application has been made) for a period sufficient to enable the qualifying period to be met and any further assessment of their residence class visa application to be completed."

I am not entirely sure, but maybe this point can help you frame your response better. Good luck!

[JandM]

That's a very kind thought, but look at the date when that instruction ceases to apply.

[gayyanm]

Oh no, sorry, I missed the date! I scoured the Ops Manual but I think nzs and you are right, there's not much of an argument that MSM can out up here!

[JandM]

I think the basis for the problem, more than the short time that is 'out', is that an application is a legal document, and by submitting it, you're affirming that everything on it is true. That is why nobody is allowed to claim anything in advance, since it isn't true YET. And INZ are entitled to interpret any false claim as fraud.

[cheyan34]

Hey I wondering why INZ send ITA to you？if you havent done 12months you are not entailed to apply residence. So they shouldnt send an ITA to you