Partner of Worker Work Visa Declined

[g_rose_m]

Hello,

I have applied my partner's work visa through an LIA on Jan 21st. Application was stuck in INZ Mumbai and transferred to Hamilton Branch on June.
CO Assigned on June 21st. Asked for additional information on July 6th.

It seems like the decision is totally unfair. My LIA is saying she is going to complain against the decision

Got Decline Letter today saying:

In consideration of information submitted for your application:
- A number of credible documents appear given with the application and present a case of a
genuine relationship.
- Information with this application indicates you and your partner do not live together. It is
indicated you live in Bangladesh while your partner lives in New Zealand.
- There is evidence your relationship is being maintained and it has been entered into with
genuine intent.
- We note you have married your partner but have not lived with them. We are unable to
ascertain from the relationship evidence that your relationship will be stable in future.

We were not satisfied immigration instruction E4.5.5(c) was met given the above, and your
application was declined.

We have also considered if there are any special circumstances that would warrant an exception to
immigration instructions, but can find no reason to grant a visa as an exception.

**Previously the Partner of Student Visitor Visa was declined saying the relationship is not Genuine.

What should I do!

[Mr. k]

Hello,

I have applied my partner's work visa through an LIA on Jan 21st. Application was stuck in INZ Mumbai and transferred to Hamilton Branch on June.
CO Assigned on June 21st. Asked for additional information on July 6th.

It seems like the decision is totally unfair. My LIA is saying she is going to complain against the decision

Got Decline Letter today saying:

In consideration of information submitted for your application:
- A number of credible documents appear given with the application and present a case of a
genuine relationship.
- Information with this application indicates you and your partner do not live together. It is
indicated you live in Bangladesh while your partner lives in New Zealand.
- There is evidence your relationship is being maintained and it has been entered into with
genuine intent.
- We note you have married your partner but have not lived with them. We are unable to
ascertain from the relationship evidence that your relationship will be stable in future.

We were not satisfied immigration instruction E4.5.5(c) was met given the above, and your
application was declined.

We have also considered if there are any special circumstances that would warrant an exception to
immigration instructions, but can find no reason to grant a visa as an exception.

**Previously the Partner of Student Visitor Visa was declined saying the relationship is not Genuine.

What should I do!

sad to hear.
How long you both been married for and how much time you spent together. What supporting Evidence you provided with the application ?

[g_rose_m]

We were in relationship since High School.
Got married on April 2016. Stayed together for a year.
I came to NZ on June 2017 where my passport had her name as Spouse.

We submitted heaps of evidences including overseas trips together (Marriage Photos, Photos Together, Photos with Family, Financial Dependency, Chat and Call History, Gifts, Receipts etc.)

What should the next step?

[EGoodhue]

Have you and your partner spent time living together at the same address in the past? If not, your partner can't be granted a work visa based on their partnership with you. Only couples who have spent time living together at the same address, in a genuine and stable relationship, can be eligible for a Partnership-based work visa.

Advice from INZ recently is for a Partnership-based visa to be applied for, but with that application, a request should be made for a General Visitor visa to also be considered by INZ. INZ would want to see evidence that your relationship is likely to last once your partner joins you onshore. As well as evidence that they would have the means and incentive to return to their home country in the unlikely event that your relationship should dissolve while in NZ.

If your LIA has said they are going to complain, let them do that, if they feel the grounds are justified. But this is highly unlikely to lead to a reversed decision - a complaint very rarely means a decision will be changed from a decline to an approval.

[g_rose_m]

Have you and your partner spent time living together at the same address in the past? If not, your partner can't be granted a work visa based on their partnership with you. Only couples who have spent time living together at the same address, in a genuine and stable relationship, can be eligible for a Partnership-based work visa.

Advice from INZ recently is for a Partnership-based visa to be applied for, but with that application, a request should be made for a General Visitor visa to also be considered by INZ. INZ would want to see evidence that your relationship is likely to last once your partner joins you onshore. As well as evidence that they would have the means and incentive to return to their home country in the unlikely event that your relationship should dissolve while in NZ.

If your LIA has said they are going to complain, let them do that, if they feel the grounds are justified. But this is highly unlikely to lead to a reversed decision - a complaint very rarely means a decision will be changed from a decline to an approval.

Hey EGoodHue,

Yes we lived in the same address.

In the decline letter they also said:

Visitor visa general request:
We have considered your circumstances and we did not believe the conversion of your application to
a visitor visa general was warranted. We did not believe the visitor visa objectives under immigration
instructions would be met if we converted your application to a visitor visa general.

If complain doesn't work, what should I do? It's so unfair.

[g_rose_m]

After Complaining to INZ, they found that the documents were partially assesed and INZ failed to acknowledge we lived together for 1+ years. The case has been reopened and a new case officer has been assigned.

Will post any update.

[Aidan1988]

Wow...just wow.

'they found that the documents were partially assesed and INZ failed to acknowledge we lived together for 1+ years.'

On the face of it, that's a gloriously incompetent omission on the IO's behalf.

I dont think some IO's quite realize the gravity and implications of the decisions they make.
I mean I know they're rushed off their feet getting through a massive backlog, but you have to draw a line where shoddy processing is just beyond tolerance.

That IO needs the sack. Sounds spiteful, but considering the stress, shame and undue hardship such a decision causes, it's only proportionate.

[JandM]

After Complaining to INZ, they found that the documents were partially assesed and INZ failed to acknowledge we lived together for 1+ years. The case has been reopened and a new case officer has been assigned.

Will post any update.

That's such a good development. I don't suppose you'll ever get to hear about it, but I sincerely hope that the original CO got a severe sanction, and obligation to retrain at the very least.

[Sean_patel]

How did you complain to inz about decision.. Great news

[Ada oma]

After Complaining to INZ, they found that the documents were partially assesed and INZ failed to acknowledge we lived together for 1+ years. The case has been reopened and a new case officer has been assigned.

Will post any update.

This is the same thing am going through but in my case it's a student visa, saying I have no home ties yet theres a business here in my name and my family is here in my home country, before it use to be insufficient funds now the just look for excuses to deny genuine people even without an interview. My LIA wants to make a complaint too.