Partnership Work Visa Declined - what are the options?

[riley123]

Hi!

Unfortunately, yesterday my partnership based work visa got declined. The letter stated that it was declined due to my partner's conviction from few years ago - the character waiver wasn't granted due to the fact that not enough time has passed.

I built my whole life in New Zealand in the past 16 months and I don't wanna leave the country - my girlfriend, cat, and our place. It all means everything to me and coming back to Europe right now sounds like the worst option right now.

The letter states my interim visa expires on 31/07. Is it possible to apply for another visa before that day? For example, a student visa? I do want to improve my qualifications and obtain a work visa that's not based on our relationship later, if possible.
Am I allowed to apply for a student visa right now?

Thank you!

[JandM]

I'm so sorry to hear this.

I'm sorry to say that no, you can't apply for a different visa while only covered by an interim visa. https://www.immigration.govt.nz/new-...s/interim-visa

I don't know what your position will be after the end of July if there aren't flights available - I believe there is still only very limited international travel. That's something you would need to ask INZ about.

If you want to study, you will need to get the firm offer of a place on a suitable course, and meet all these other conditions. https://www.immigration.govt.nz/new-...-visa#criteria

[riley123]

After some time to let all of that sink in, I've contacted few immigration advisers and lawyers. I've been told that the assessment of my partner's character was clearly harsh and once the case is looked into, it's clear the evidence of good character and the seriousness of the relationship clearly outweighs the "bad".

Now, over the weekend we've noticed some of the important information (like a conversation between the case officer, not the one that was processing character waiver case, and the police detective vouching for my partner and supporting her application) wasn't mentioned in any way, even though it was one of our strongest points.

I know nobody can give me a yes/no answer, but I'm curious - with your experience and cases you've seen over the years, is it worth it fighting for reconsideration in this case (which also costs money, of course), or is it a losing battle? Is it even possible to fight immigration on this, considering they stated all of the other requirements were met and some information seems to be ignored?

[allune]

@riley123 not that I have experience but it might be worth fighting for given that there's nowhere else to go esp during this period.

Please please seek proper advice from an immigration lawyer who has ample experience regarding your situation.

[JandM]

I agree with allune. Good luck.

[Duggles_au]

Hi, quick question... How many yrs ago were the conviction/s ? As the kiwi I have 1 from 20yrs ago and now wondering if this will have any effect on our future application

[JandM]

If you look here https://www.immigration.govt.nz/opsmanual/#35057.htm at the character restrictions which make someone ineligible for residence, and here https://www.immigration.govt.nz/opsmanual/#35058.htm at those which make a character waiver necessary, you'll see the climate of thought around what makes a suitable person. INZ does allow for those who turn over a new leaf after an earlier conviction. I should think that 20 years with no recurrence would put you in the clear.