What Happens When your Partnership Visa is Declined in New Zealand?
We understand how frustrating it can be when your partnership resident visa is declined in NZ. That could potentially put you in an unlawful state and face deportation after Immigration New Zealand (INZ) rejects your visa application.
You must decide whether to accept the decision and return to your home country. Alternatively, if you believe INZ has incorrectly applied the immigration laws or unfairly assessed your application, you may have some options to overturn the decision.
Rejected Temporary Entry Partner Visa Application
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Apply for Reconsideration
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A reconsideration is an option if you believe your case officer mistreated you, applied the incorrect policy, or was likely biased in their decision. If you think so, you may be able to request a reconsideration, and a fresh case officer will review your reconsideration request.
- You must meet the following essential requirements to apply for reconsideration.
- You are in New Zealand when you make your request
- You still hold a valid visa including an interim visa, and
- You make a request no more than 14 calendar days after the declined decision and
- You must pay the required request fee to INZ
The most crucial components of a reconsideration request are the provision of all previously submitted information once more, provided that it can help increase the likelihood of favourable consideration, and the provision of any fresh, compelling information that was available during the handling of the previously declined application matters but was not considered.
Any additional information that has come to light since the decision to decline can be presented, though INZ is less likely to consider this.
That you simply do not agree with INZ’s decision without any evidence would not be a valid ground to apply for reconsideration and you are most likely to have the same decline decision.
There is no option to request a reconsideration of a rejected decision for offshore applications. (Still, INZ may consider such a request if new and compelling information is promptly provided.) If you are outside New Zealand, the only real option is to apply again for the same or a different type of visa with more persuasive and new evidence to strengthen your case.
What You Need to Do?
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The most crucial thing to do if your temporary visa has already expired or is about to expire, or if you are currently in New Zealand with an interim visa, is to speak with an experienced adviser who will give you the best course of action for your circumstances.
Because only one reconsideration application can be made after a partnership residence visa in New Zealand is declined, it is imperative to seek professional assistance from an immigration professional such as a licensed adviser, to ensure you are effectively represented.
Additionally, if the applicant’s visa expires midway through a reconsideration, it is rendered void as the applicant is now unlawfully residing in the country. Therefore, it is imperative that upon refusal of your application you start the reconsideration process immediately. The key to a successful reconsideration is a strong argument, backed up by evidence proving the initial refusal incorrect. NZ Visa Partner has successfully overturned many refusals, thanks to our proficiencies in the aforementioned skills of arguing in a convincing manner and presenting evidence clearly, as well as the cover letters we write for our clients that explain in detail exactly why the refusal of their visa application should be overturned.
Some of Our Successful Reconsideration Cases
- Approved application for an Essential Skills Work Visa after being rejected for “not having the necessary work experience'”
- Approved application for an Essential Skills Work Visa that had been refused due to alleged breaches of employment law.
- Approved application for Visitor Visa after being rejected for not meeting the requirements and threatened with deportation
Rejected Resident Visa Application
Lodge an Appeal
Suppose that your partnership resident visa application is declined. You most likely have the option to appeal to the Immigration and Protection Tribunal (the IPT) to get them to determine if you are entitled to receive a visa.
Any appeal made must adhere to firm guidelines, including a tight timeframe for submission. An NZD700 non-refundable filing cost is associated with filing an appeal, which must be done within 42 days of the decision. There is no option to appear in person before the IPT for Residence Appeals.
There are two grounds for appeal to the IPT
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- You believe the decision INZ made for your application was not correct against the relevant immigration instructions and The Immigration Act
- You believe that there were specialist circumstances that warrant an exception to grant a visa
Incidentally, when looking at the statistics for 2021/22 published by the IPT, among the 270 residence applications, there were 125 appeals allowed, 89 appeals lost and 56 were referred to the Ministry of Immigration. The point here is that there is a relatively high possibility of the decision overturned by the IPT even if INZ initially rejects the application. There is no time to be despondent. If you have a chance of winning, you should act immediately.
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Does Visa Refusal Affect Future Visa Application?
A history of visa refusal may prompt the issuing officer to spend a little more time reviewing your case, even though every application must be regarded as a fresh one.
The history of visa rejections can be mitigated if the grounds for the refusal were minor—for example, inadequate funds, incomplete application forms, insufficient presentations, etc.—as long as you can present persuasive evidence, and make an excellent application.
Bottomline
The best course of action will depend on your circumstances – depending on your current visa status, where you are located (onshore or offshore), how much time you have left on your current visa, whether you are in the country illegally, or how much money you have available to pay for either a new visa application or an appeal to the Tribunal.
It is crucial to ensure that your visa application is submitted with the highest accuracy and validity. Any errors in doing so could have serious repercussions.
Keep all these details in mind if ever your partnership visa is declined in NZ.
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Contact Us
To address all of your worries, we will work with you. Contact us to receive professional immigration law advice or to have us represent you. Visitors must have an appointment.