Resident visa on the basis of Partnership Category
One may only qualify to apply for partnership category in New Zealand if you are legally married, or in a civil relationship or in a de facto relationship with your sponsor in NZ that are a New Zealand Citizen, and New Zealand Residents like holder of New Zealand resident visa class or a holder of Australian passport , for as long as they are domicile of New Zealand from the time of submission of partnership application and assessment. It is an onus for this type application that both the sponsor and the applicant applying on the basis of partnership category have been living together for 12 months or more under one roof. Or share living as a partner in the same house, and that the relationship is genuine, stable and subsisting. There should have a strong evidence to prove that indeed the ‘living together’ have met under these instructions – you may not account to have lived together if neither the sponsor or the principal applicant still lives on their individual homes’, flat or apartment, while establishing the relationship as partner in relation of counting the time spent together.
One cannot claim that the relationship is genuine because they get married, enter into a civil relationship, and have supplied the marriage certificate – this certificate alone won’t confer an automatic right to apply for the said visa on the basis of partnership. The burden of proof is with the principal applicant and the sponsor on how they would satisfy the immigration officer as to demonstrate the relationship in line with the immigration instructions set for partnership category.
What are the possible grounds of refusal under partnership?
- If your eligible sponsor do not necessarily supports your application on the basis of partnership
- If there’s an indication which was identified by the immigration officer that the relationship is not genuine, stable and based on the documents supplied the weight as to demonstrate the claim is insufficient
- If there’s an existing marriage or civil union with another person or third party that has been identified to the NZ sponsor or principal applicant before or after their marriage or civil partnership- In other words, if they are not free legally to marry or have a civil union, if the application is submitted on the basis of marriage and civil union in qualifying for partnership category
- If the basic requirements for the partnership category has not met
- If the health requirements are not met by the principal applicant; unless a medical waiver is granted
- If the character requirements are not met by the principal applicant; unless character waiver is granted
- If there’s a misleading information, fraudulent documents
- If there’s discrepancy of the information regarding family details and yet the principal applicant cannot account to explain nor convince the Immigration Officer; unless the principal applicant satisfies the immigration officer through writing or an interview that the discrepancies of the details is honestly misunderstood the requirements
- If the sponsor is not eligible to support resident visa class application under the partnership category
In an event when the principal applicant seeks to apply for a resident visa class on the basis of partnership category and has not reached a duration of 12 months living together, yet the INZ officer is satisfied that the partnership relationship is genuine and stable. The application for a resident visa class of the applicant may defer by INZ, and instead would rather grant the applicant for a work visa (if the application has made already) to come in New Zealand and join his sponsor, to continue the prequalifying period of ‘living together’, and recontinue the completion of the assessment application for residence visa class.
Contact Visa Online Assistance at info@visaonlineassistance.com for your Partner Visa application for New Zealand.