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Thread: Immigration Officer called to ask if I want him to decline my application? Is it unusual?

  1. #1
    Join Date
    Oct 2013
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    New Zealand
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    22

    Default Immigration Officer called to ask if I want him to decline my application? Is it unusual?

    Hi
    Immigration Officer called to ask if I want him to decline my application for a residency visa, He explained that this will be a waste of time if I want to keep going on as he will decline my application anyway at the end. Is it legal to do so? sounds unusual to me.I did not give him an answer but he said I have to call him tomorrow to give an answer. The reason was I submitted the application 1 month earlier before we started living together, But this has been explained already as my mistake.

    It has been 13 months now since I applied for Residency Visa in Partnership Catagories.
    Is there any reason why he called me on the phone to ask me instead of just decline my application by email? And what should i say to him?

    Please advise,
    Thank you

  2. #2
    Join Date
    Feb 2008
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    37,125

    Default

    Is this the first communication you have had from an INZ CO about this particular application?

  3. #3
    Join Date
    Oct 2013
    Location
    New Zealand
    Posts
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    Default

    Hi JanM
    Yes, This is the first communication as he is my new case officer. My previous case officer resigned on Dec last year.
    My mistake was I applied for the application 1 month earlier before we started living together (until now we have been living together for 2 years) Do you think for only that reason he has the right to decline my application?
    Thank you

  4. #4
    Join Date
    Feb 2019
    Location
    New Zealand (ex: South Africa)
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    Default

    Quote Originally Posted by ratthadinho View Post
    My mistake was I applied for the application 1 month earlier before we started living together (until now we have been living together for 2 years) Do you think for only that reason he has the right to decline my application?
    Yes. See F2.5(d): if you and your partner have not lived together for 12 months or more at the time the application is lodged, INZ must decline the application, and has no discretion to do otherwise.

  5. #5
    Join Date
    Feb 2008
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    Further to what Kelerei said, an application which does not meet the conditions at the time it is lodged CANNOT be approved. The reason for doing so - e.g. your saying it was a mistake, or someone else saying they didn't understand - does not make any difference. Neither does the fact that the conditions may have been met SINCE the time of lodgement.

  6. #6
    Join Date
    Oct 2013
    Location
    New Zealand
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    Thank you both

    So this means it is ok to call the case officer and tell him to decline my application as he offered to me before, I don't mind re submitting my application as this can also save me time and headache, If this going to be declined any way as he said maybe better to just start fresh again, I just need to know if it is ok to do this and it will not give me trouble later by calling case officer to decline my application. Thanks

  7. #7
    Join Date
    Jan 2016
    Location
    New Zealand
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    Default

    Ask them if you can withdraw you file! By doing that it won’t be marked as declined & you can re-submit it anyway but you can’t get a refund though!

  8. #8
    Join Date
    Feb 2008
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    Default

    Agreed.

  9. #9
    Join Date
    Aug 2019
    Location
    WELLINGTON
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    Default

    Plus a withdrawn application is better than a declined application, but still, they will have a record in their file as to why it was withdrawn

  10. #10
    Join Date
    May 2016
    Location
    NZ
    Posts
    113

    Default

    I've had a similar situation, in my case, it's showing as 'Failed lodgements.'

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