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Lack of Relationship Evidence and Previous Overstay in NZ

Name : Jack and Ella

Nationality : South African

Problem : Concerns pertaining to relationship evidence, and previous overstay in New Zealand

Category : Partnership Based Work Visa

Jack and Ella were in a relationship, which was seven years old and located in South Africa. While Ella had got her three-year Essential Skills Work Visa (ESWV) to come to New Zealand, Jack too had plans to accompany her. As per the plan, Jack quickly completed his work commitments and applied to Immigration New Zealand (INZ) for a partnership-based work visa. They both wanted to come together to New Zealand.

Jack had applied from South Africa on his own and submitted the partnership documents as per his understanding and research. He was confident that the documents he had got together would be sufficient to get approval considering that the couple was in a long-standing relationship for over seven years.

Jack was taken aback when he received a letter of concern called Potentially Prejudicial Information (PPI) from INZ, stating that they were not satisfied that the documents provided demonstrated that the couple had been living together in a genuine and stable relationship. The letter also raised concerns about Jack’s bona fides as he overstayed in New Zealand previously by six months when he visited New Zealand with his family around ten years ago at the age of 20.

Jack got worried when he saw the PPI letter; he understood that he needed expert help or else INZ will decline his application from the letter’s contents.

Before he sought the help of an expert Licensed Immigration Adviser, he struggled to determine what else could he provide to mitigate INZ concerns about the nature of his relationship with Ella.

He then decided to google search for a good immigration adviser in New Zealand and came across Himanshu Rai and his team of Immigration Advisers in AucklandHe went to the home page of website got in touch with Himanshu, and shared the letter of concern. The same day, the advising team got on a Zoom call with Jack and Ela, discussed the situation, reassured them, and agreed to take over the case to represent Jack in INZ.

Himanshu and the team undertook a detailed assessment of couple’s circumstances and the documents previously submitted to INZ.

The couple was then advised on the additional possible documents that they could submit to mitigate the concerns raised by INZ. Based on the diligent work of the advising team, the couple was able to provide almost 30 additional pieces of documentary evidence in support of their relationship (this was when the couple thought they had no other evidence). The case study shows how important and vital it is to consult an experienced licensed immigration adviser who understands the in-depth nuances of immigration instructions and requirements for a partnership-based application. The additional documents were submitted to INZ along with a detailed explanation in a response letter. The advocacy was quite strong too.

Jack’s circumstances that led to his overstay were ascertained by the team, explained to INZ in the response letter, and corroborated by the same documents.

Additional evidence was also provided to INZ to demonstrate how Jack is a bona fide temporary entrant and how he meets the relevant immigration instructions.

INZ approved his visa within four days of submitting the response without asking for any additional information/documentation. They were satisfied that Jack met all the partnership and bona fide instructions requirements to be granted a work visa. The couple was delighted to receive the visa, moved to New Zealand, and were very pleased with the outcome. As soon as they arrived in Auckland, they visited Himanshu to thank him personally for all his help, support, and professionalism.

Jack and Ella are doing well for themselves and are now well settled in New Zealand. We wish them the very best for their future.

If you are unsure of your eligibility for partnership based visa, feel free to email Immigration Advisers New Zealand Ltd at [email protected] or call  on +64 09 3790219

Disclaimer: The name of the client has been changed to protect their privacy.

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