immigration in NZ

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Hey! If you are in the process of applying for a partner visa, it can be a little shocking to be refused, or even audited. The first thing they will ask for is supporting documentation to confirm your relationship, and you have hundreds of photos, messages and friends and family to attest to that! But what Immigration New Zealand wants to see is documentation that shows we live our lives in the manner and style that they expect, usually evidence of shared lives, shared financial life, timelines that are logical and have no gaps.

Jagjeet Singh Sidhu has seen a few times. Before founding a practice in Papatoetoe, Mr. Sidhu worked with Immigration New Zealand for five years and has been fully licensed as an immigration advisor since 2014. Immigration officers assessing partnership applications notice deviations in declarations and look for trends in evidence. Even if you’re a saint to yourself, your relationship may look a little weak if most evidence is current, social, or doesn’t match up with earlier assertions.

Firstly you need to demonstrate that the relationship was genuine and that it was stable. By genuine we mean for the purpose of the application and by stable we mean permanent. In practical terms the officer is looking for evidence that you have established a life together over a period of time. If you can show evidence of joint bank accounts, shared utility bills and the tenancy agreement for the property in your both names, then these are worth more than stacks of photos taken in the last couple of months. Evidence of a correspondence that shows ongoing relationship such as emailed photos, on-line conversations, especially if they do not start just prior to the date of application, and evidence of common addresses over a period of time are also valuable.

Now, if you’re part of a more arranged marriage, there may be more questioning. Although you were arranged, you still have to establish the relationship exists. The officers will want to see communication (or visits) prior to the wedding and after, the amount of time you spend together, and the life you have when you’re together in the same country. Don’t just go from a local introduction to the visa application with very little contact in between.

Your situation is different if your case has been refused before or you’ve received a PPI letter (how to strengthen your case). Reapplying with similar evidence isn’t likely to help if an officer has already said that the evidence you supplied wasn’t enough. You need to address the gaps in your evidence, such as a longer joint financial history or better proof you were living together.

I’ll take you through the work rights you can get with your partnership visa. For instance, if your partner was on a worker or student visa, you may be eligible for a work visa. However, the relationship still has to be genuine-and-stable if you’re applying as the partner of a skilled worker or a student. Even if your partner’s application is approved, it could impact your visa.

There are some extra hurdles if you’re applying from overseas. Messages and phone calls are good evidence of contact, but aren’t a substitute for evidence of a shared life when you are together. Many successful applications have a period of living together in New Zealand (or another country) prior to applying for residence or a work visa – officers are familiar with this and the application may be difficult to assess if there is little to support the application other than remote contact.

During your initial consultation at the office, you’ll discuss what evidence you already have and what is still required. Bring your passports, past Immigration New Zealand letters, tenancy papers, bank statements, and any images or messages you believe could be useful. They’ll determine if your existing evidence is strong or if you require additional targeted evidence. If your evidence of your relationship has been prepared well, you’ll be advised of this; if not, the areas where evidence can be strengthened will be pointed out before you proceed to an application and pay any fees.

This is important because partnership files can be refused when the evidence provided doesn’t match what the officers require. Only licensed advisers or lawyers can provide immigration advice. An unlicensed person cannot say they will ‘prepare the partner file’ – if they do so they are not authorized and the applicant will be refused if the advice is incorrect. You can verify that Jagjeet Singh Sidhu is a licensed adviser with the Immigration Advisers Authority on the register and he has license 201400260.

Past applicants who’ve had files challenged or refused usually conclude the same, in the end. Their papers proved they were in love, but the shared full life that is essential. The file is made out better proof of cohabitation and financial support than before’s a good move against those feasible concerns. Sometimes it’s better to wait until you’ve seen all the available evidence instead of reapplying on weak grounds. Both these situations come from thinking about the file in the same way the officer would.

Some rules have held steady, even as other categories of visas have been altered. The focus is on tangible proof of shared life, rather than commitment alone. If you’re giving a partner visa, addressing a PPI letter or reapplying after a failed attempt, it’s worthwhile to reflect on your existing evidence and what you need to add. The Papatoetoe office can complete this review face-to-face, by telephone or video conference and this initial discussion often sets out if you have the evidence you need or the evidence that needs to be assembled.

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