E Goodhue and JnM- Partnership Visa/Visitor Visa

[raoul75]

Hello E Goodhue and JnM,

Me and my wife met in September last year and dated till March this year and then we decided to get married. I went overseas to her home town and we got married and spent a month living together and had to return to my work. I have filed for her a General Visitor visa as for a Partnership we have to live at least 3 months together. Have provided more than enough proof of relationship like joint letters from parents, photographs, wedding pics, wedding invitation, marriage certificate and the list goes on. I am a NZ citizen and filed online visa on 25th May 2019. She is an Indian passport holder so I am guessing it will go to the back logged Mumbai Branch.

My question-

1). Was I right in applying for a General Visitor Visa as we need to live atleast 3 months or more to build our relationship as due to logistics and my job I had to return .

2). Time frame as its a General Visitor Visa shall I start making some queries if I dont hear may be in another 15 days or so?

Thanks heaps in advance for all your help and guidance.

[JandM]

1. Yes, that was your only realistic option. There is no visa that is specifically designed for people in your situation, with a foreign partner at present overseas, but the visitor visa isn't a good fit either, as obviously the spouse doesn't want to go back "home" after a limited stay, which is what a visitor visa is meant to cater for. There is no easy way through this situation - you just have to hope that you get a sympathetic CO who will give her a chance. However, in the meantime, keep collecting evidence of your continuing contact - messaging, purchases by either of you which will be for the use of both, etc. - as this will come in useful when you are in a position to apply for a partner-sponsored visa in the future.

2. There is nothing to stop you asking, but if you look around at other threads on the forum, you will see that INZ have backlogs and queues in all areas at the moment, so it's not possible to rely on their stated, hoped-for processing times. An INZ timing is NEVER a promise, only their best guess based on previous averages, and a) very few cases are average, and b) the past isn't the same as what is happening now.

[raoul75]

Thank you so much JandM for your response.
Quick question I have had a friend who was in a similar situation and he got married in December and lived with his wife for about 15 days and returned back again due to jobs and stuff. He applied Partnership Visitor Visa in Jan.2019 and immigration came back and said that they were not eligible due to not having lived together for 3months but issues a limited general visitor visa instead. Thoughts? Hence I straight away went for General Visitor Visa only.

[JandM]

That's the best kind of response, when you get a kindly disposed CO. As I said, there are no regulations setting down that this SHOULD happen, so unfortunately, some applicants get a blank "no, you're not eligible" reply.

[raoul75]

The grey area in the policy and open for interpretation differently by different CO. Hence lack of consistency. Thanks JandM. What can we do! Probably nothing.

[JandM]

React to what they say, and keep trying...

[Kiwiheart]

Raoul, I was in a similar situation before. We applied for a partnership visa but because we haven't lived long enough, though we've proven our relationship was genuine, I was given a chance to convert my application to a general visitor visa and my CO gave me 9 months. Now, I'm waiting for my residency application decision.

[raoul75]

Thanks Kiwiheart for your info. Here’s hoping!

[EGoodhue]

Recent advice that came out from INZ in May (https://www.immigration.govt.nz/docu...lationship.pdf) is actually for applicants who are in a relationship but don't meet the living together criteria to apply for a Partnership-based visa but also request that a General Visitor Visa be considered as well, if the IO is not satisfied that the partnership criteria are met and can not justify an exception to instructions. INZ have explained that applicants coming to NZ for the purpose of being together with their partner means they don't technically meet the bona fide requirements of the General Visitor Visa instructions, and so a Partnership-based application is the best first option, since this is the true basis of them wanting to enter NZ.

So, in short, INZ prefer applicants wanting to be in NZ with their work visa holder or NZ citz/resi partner to apply for a Partnership-based work or visitor visa in the first instance, even if the couple do not meet the criteria of living together. INZ will then make the determination whether a Partnership-based visa can be granted, based on the evidence of the partnership provided or will consider whether a General Visitor visa is more appropriate given the circumstances. INZ want the opportunity to make this determination themselves though, rather than applicants try and make the call - hence the advice put out to apply for a Partnership-based visa in the first instance.

Also, please note that there's no immigration instruction specifying that a couple need to have been living together for at least 3 months - INZ need to determine that a couple has been living together in a genuine and stable relationship, there is no specific timeframe set down for that relationship.

[raoul75]

Thank you so much EGoodhue. I applied a General Visitor Visa in May 25th 2019. Do you suggest that I withdraw it now and reapply under partnership category as per your post? Or just leave it like that as I have provided more than enough proof to substantiate that we are in a genuine relationship. Thank you once again