Processing of PRV Applications for Partners and Dependent Children Excluded from 2021 Resident Visa Applications

May 11, 2024

Navigating the complexities of immigration applications can be challenging, especially when it involves rectifying omissions of partners and dependent children from initial submissions. This blog aims to assist individuals affected by such oversights during the 2021 Resident Visa application process, offering a clear pathway to securing Permanent Resident Visas (PRVs) for their loved ones.

Who Is This Guide For?

• Immigration Applicants who successfully applied for a 2021 Resident Visa without their partners and/or dependent children.

• Spouses and Dependent Children who were not included in the initial 2021 Resident Visa application due to system limitations or oversight.

• Migrant Workers looking to unite their families at the Permanent Resident Visa application stage.

Understanding the Issue

The Enhanced Immigration Online System (ADEPT) of Immigration New Zealand (INZ) does not currently allow applicants to add secondary applicants post-submission. In cases where requests to include partners and/or dependent children via a cover letter were overlooked, principal applicants were granted resident visas sans their immediate family members.

Upon realisation, INZ has opted for a case-by-case evaluation for the affected individuals to determine their eligibility for resident visas as secondary applicants.

Steps to Resolution

1. Identification of Affected Individuals

If you or your family members were affected by this issue:

• Gather all relevant documentation that supports your initial intention to include your partner and/or dependent children in your 2021 Resident Visa application.

• Note the date the principal applicant’s resident visa was granted, as this will be crucial for PRV processing.

2. Contacting Immigration New Zealand (INZ)

Affected individuals should:

• Reach out to INZ, explaining your situation and providing any evidence of your attempt to include your family members in your original application.

• Request guidance on submitting an application for your partner and/or dependent children, specifying that it is a case stemming from the 2021 oversight.

3. Submitting PRV Applications

When applying for a PRV for your partners and/or dependent children:

• Clearly indicate that the application is to rectify the exclusion from the 2021 Resident Visa process.

• Include a copy of the principal applicant’s resident visa and the date it was granted to support your case.

4. Special Consideration Under Section 72(3)

Inform the assessing officer of your situation and request that they consider the special provision under section 72(3) of the Immigration Act 2009:

• This section allows an Immigration Manager to grant a PRV as an exception to standard instructions, acknowledging the unique circumstance your family has faced.

5. Fee Waiver Consideration

If applying separately for affected family members:

• Request a fee waiver due to the exceptional nature of your case, backed by the INZ’s acknowledgment of system limitations and oversight.

Additional Tips

• Stay in direct contact with your Licensed Immigration Adviser or INZ throughout this process for updates and further instructions.

• Keep a detailed record of all communications with INZ, including names of officers, dates, and advice given.

• If you encounter difficulties or require clarification on the process, seek legal advice or consultation with Licensed Immigration Advisers at Immigration Advisers New Zealand Ltd.

Conclusion

INZ recognizes the unfair disadvantage placed on families affected by this oversight and is committed to ensuring fairness in the processing of PRV applications under these circumstances. By following the outlined steps, affected families can confidently approach the resolution process, moving one step closer to reuniting their families under the Permanent Resident Visa.