Originally Posted by
Jatinder
Hi Jandm and E goodhue, INZ have declined my wife visitor visa after 6 months just because we don’t meet living together requirement as per INZ instructions. I lived with her 2 months after our wedding , how someone can live there and afford for 4-5 months without any income. Here is the reply from INZ and please advise what should we do now.
We have declined your application for a visitor visa because you do not meet the requirements set out in visitor visa immigration instructions V3.15
We have made this decision because:
You are not satisfied the relationship is stable and likely to endure.
You do not meet the living together requirements under partnership.
The instructions that apply to you are:
E4.5.35 Determining if the couple are living together in a partnership that is genuine and stable V3.15 Partners of New Zealand citizens or residence class visa holders
Stability of the relationship:
At this stage we are not satisfied the relationship is stable and likely to endure.
The principal applicant and the partner both separately and together, must be credible in any statements made and evidence presented by them. You must demonstrate that the partnership is likely to endure and is stable.
Living together:
Living together’ for the purposes of the immigration instructions E4.5.30 is defined as sharing the same home as partners and does not include time spent in each other’s homes while still maintaining individual residences or shared accommodation during holidays together. You began living together after marriage 27/01/2019 and your partner returned to NZ 27/03/2019.
We acknowledge that a relationship exists between you and your supporting partner, however, the purpose of the partnership visa is not to facilitate the formation or establishment of a relationship but to allow those couples who are already living together in a genuine and stable relationship to remain together. We have reviewed all the information provided with this application and note that you have provided very limited evidence of living together in a ‘stable’ relationship. You have also provided very limited evidence of your commitment to a ‘shared life’ with your partner. Please note that in each case the onus of proving that a relationship is genuine and stable lies with the couple involved, meaning as much evidence as possible needs to be submitted when the visa application is lodged. We are not satisfied that you are living together with your partner as per our immigration instructions.
We have considered if requiring a bond or granting a limited visa would lessen our concerns or if there are any special circumstances to justify an exception to immigration instructions, but can find no reason for any of these.
Immigration New Zealand is under no obligation to seek any further information from an applicant prior to making our decision on their application as per Immigration instructions E4.75 (b) i. It is the responsibility of an applicant for a visa to ensure that all information, evidence, and submissions that the applicant wishes to have considered in support of the application are provided when the application is made.
Immigration New Zealand is only obliged to seek comment from an applicant prior to making a final decision on an application when the decision is made on the basis of any potentially prejudicial information (PPI).
As per instruction E7.15.1 (b), as information on mandatory requirements for this category is publicly available, we do not consider this information potentially prejudicial and therefore you have not been sent a letter asking for comment on the basis of any potentially prejudicial information (PPI).
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