Concern for partner's character reference

[lucky@star]

my husband was issued a temporary protection order against against his ex-wife and children due to alleged abuse. My husband and I been living together for more than a couple of years and regularly stay of his children with us and i know for fact that there was no abuse happened and nothing is happening.
My questions:
1. If I renew my current work visa under partnership, will it be affected by this protection order issued to him?
2. Do I need to volunteer this information if I submit my residence visa - partnership application? What is the effect of this protection order to my future residence visa application?

I am deeply worried that this could be a ground for my future visa application to be denied and what can I do about it. What are my options?

[farfaraway]

This "temporary protection order" is to protect your husband ? or to protect "his ex-wife and children" ?

Is it a conviction on your husband? a punishment? Sorry, cannot understand this.

I know, in the resident visa application, we have to declare all the "conviction", "infringement", " ANY past visa rejections" etc.etc. If these are declared, the CO may ask for further information.

Experts here will surely shed some light on this.

[lucky@star]

To protect "his ex-wife and children". It is not a conviction. It was applied by his ex-wife due to conflict between custody of the children.

Appreciate any shed my of light on this matter.

[JandM]

Your partner won’t meet our character requirements if they have any convictions for domestic violence or sexual offences. If your partner doesn’t meet our character requirements, we will consider whether they are eligible for a character waiver.

https://www.immigration.govt.nz/new-...lders#criteria This is from EVIDENCE in the Your partner's character section.

Did your husband deny the allegation and challenge the order? https://www.justice.govt.nz/family/d...tection-order/

[lucky@star]

Hi JandM,

Yes, My husband denied the allegation and currently challenging the order.
Background of the temporary protection order issued: There's an ongoing conflict between my husband and his ex-wife and the case (in family court) was closed recently with a parenting order in place. That could have been the end. For some reason, his ex-wife accused my husband of threatening her and she applied for a protection order, hence a temporary protection order issued.

My current work visa will expire by end of October. During this period, the case is still pending in the family court (NOT in criminal court). I am now preparing to renew my current work visa and apply for residence visa at the same time.


Please share what course of actions and other information I need to know on my situation. I am really worried now of my stay in New Zealand.

[JandM]

If the allegation were to be upheld, it could indeed make for complications as far as supporting your visa is concerned. If he is not sure what more to do to deny it and challenge the order, and if he doesn't have a lawyer yet, I suggest he should contact the NZ Citizens' Advice Bureau. http://www.cab.org.nz/Pages/home.aspx

[lucky@star]

My husband is dealing with it meaning he has objected and challenge the order and court review is set on mid-August.

If this order is made final, how it would affect my visa? Can he still support my visa application?
How do i volunteer this information to INZ in a way that would not complicate my visa?
What are my options as far suppporting my visa is concerned?

[JandM]

This is a specialist issue - I haven't seen anyone with this exact situation on the forum, so there isn't anyone else's experience I can point you to. As you can see in the link I gave you above to the INZ factsheet, INZ say there that anyone with some kind of record may be required to apply for a character waiver to be able to support a partner for a visa. For the detail of how that would be done, and the likelihood it would be granted, you would need to ask an LIA or lawyer.

[lucky@star]

Yes, agreed god idea to ask a lawyer or LIA advice regarding this matter.
Thanks again.