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APRIL 15, <strong>2018</strong><br />
04 Homelink<br />
Premise for Temporary Entry Visa fails INZ test<br />
Jayendran Govindan<br />
The law is clear on the basis of<br />
issuing a partnership-based<br />
Temporary Entry Visa.<br />
It states that a marriage,<br />
civil union or de facto relationship<br />
must be of genuine and stable<br />
relationship.<br />
A partnership is genuine if it is<br />
with the intention of being maintained<br />
on a long-term basis and it is<br />
stable because it is likely to endure.<br />
Steve & Krystel Razos<br />
In a recent case of Steve Razos<br />
reported by the New Zealand media,<br />
the Temporary Entry Visa for Steve’s<br />
wife Krystel was declined.<br />
Based on the facts as stated in<br />
the media, it was reported that the<br />
couple had legally married. Krystel<br />
is now in the Philippines and the<br />
husband’s attempt to get a visa for<br />
his wife had not been successful.<br />
Her application for a visitor’s<br />
visa was declined three times and<br />
one partnership work visa was<br />
also declined. The reason was that<br />
Immigration New Zealand (INZ) was<br />
not satisfied that the couple was in a<br />
genuine and stable relationship.<br />
In this case, the couple had a twoyear-old<br />
son and because she could<br />
not get a temporary stay in New<br />
Zealand, she is in the Philippines<br />
with her child.<br />
United Nations Convention<br />
Under Article 9 of the Convention<br />
on the Rights of the Child ratified<br />
and acceded by General Assembly<br />
which came into force on September<br />
2, 1990, says that the State’s Parties<br />
shall ensure that a child shall not be<br />
separated from his or her parents<br />
against their will, except when competent<br />
authorities subject to judicial<br />
review determine, in accordance<br />
with applicable law and procedures,<br />
that such separation is necessary for<br />
the best interests of the child.<br />
Therefore, in Krystel’s case, INZ<br />
could have used their discretionary<br />
powers to look at the child’s welfare<br />
and not separate the family from the<br />
father.<br />
The child would be missing his<br />
father’s love and affection as well.<br />
Determining bona fides<br />
I agree that for purposes of a<br />
partnership-based Temporary<br />
Visa, it is pertinent that the couple’s<br />
relationship is genuine and stable.<br />
However, if there is sufficient<br />
evidence such as aMarriage Certificate,<br />
evidence of joint ownership of<br />
a house, joint bank account, letters<br />
of support from the couple’s parents<br />
and friends and neighbours together<br />
with photographs, then perhaps due<br />
consideration could be given to these<br />
documents.<br />
It is agreed that it is not always<br />
easy to establish whether a relationship<br />
is genuine and stable. However,<br />
some benefit of the doubt must be<br />
Auckland seems to be the first and last choice (Picture Courtesy: Education New Zealand)<br />
given where there is ample evidence to the marriage and she had been in<br />
to establish a genuine and stable New Zealand for one year.<br />
relationship.<br />
They had letters of support from<br />
In Krystel’s case, while it was friends, but her application was<br />
alleged by INZ that there was some declined.<br />
misleading information in her application,<br />
the real reason appears to be though the couple jointly owned<br />
INZ was of the view that even<br />
that the officials were not satisfied a property, there was no evidence<br />
that they were in genuine and stable that the decision to own a property<br />
relationship.<br />
was a joint decision, that their living<br />
David & Amy Smith<br />
together was not a genuine and<br />
In another recent case, also<br />
stable partnership and hence their<br />
reported in the media, a 78-year Kiwi marriage was not likely to endure.<br />
man named David Smith and the She had to return to Hong Kong.<br />
wife Amy Smith from Hong Kong had David says that his marriage to<br />
married in a Church in New Zealand. Amy is only through Skype.<br />
She had spent more than $400,000 Unendurable Marriage<br />
in New Zealand and purchased a car In my view, the only reason the<br />
and a home and married the man she marriage is not likely to endure is<br />
loved.<br />
because of his age (78 years) and<br />
The couple had been in contact for that the couple need to spend time<br />
two years through Facebook prior together.<br />
Whilst we agree that a certain<br />
amount of discretion may be given<br />
to the case officers to ascertain<br />
whether a relationship is stable and<br />
genuine, this discretion should be<br />
judiciously used.<br />
In Smith’s case, how else are the<br />
couple to prove that they are in a<br />
stable and genuine relationship?<br />
It appears that ample evidence<br />
had been given to the Immigration<br />
officials, and yet her application for<br />
a visa was declined.<br />
Entrepreneur Visa<br />
At a recent Immigration Seminar,<br />
it was reported that the success rate<br />
for an Entrepreneur Visa was about<br />
20%.<br />
Reports in media now state that<br />
only one in three Partnership-based<br />
Temporary Visa was approved in<br />
which case there is only about 30%<br />
success rate.<br />
As for the skilled migration category,<br />
the salary requirement has been<br />
raised to $50,523.20 per annum.<br />
However, employers sometimes<br />
cannot afford to pay that amount of<br />
salary.<br />
In short, it is getting tough to get<br />
an Entrepreneur Visa, a Partnership-based<br />
Residence Visa and a<br />
Skilled Migrants Visa.<br />
What next?<br />
Jayendran Govindan is an Advocate<br />
and Solicitor in Malaysia.<br />
He is currently practicing as a<br />
Barrister and Solicitor based<br />
in Takapuna, Auckland. Email:<br />
sjlawyers.jay@gmail.com<br />
‘Fraudulent relationships challenge<br />
Immigration New Zealand’<br />
on Page 3<br />
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