The Indian Weekender, Friday 18 September 2020

The Indian Weekender Friday, September 18, 2020
NEW ZEALAND 3
Are Indian marriages set to be disadvantaged again
from relaxation on partnership visa applications?
SANDEEP SINGH
Indian marriages are likely to be again
disadvantaged and miss out from the recent
relaxation announced by Immigration
Minister Kris Faafoi on restarting the processing
of some partnership-based visa applications.
Minister Faafoi had told the Indian
Weekender in an exclusive interview on
Monday, September 14 that Immigration
New Zealand will be re-opening partnership
visa application processing on Wednesday,
September 16.
In a news that can once again shatter hopes
and cause much frustration amongst thousands
of New Zealand citizens and residents who are
in relationship with Indians, and their spousal
relationship largely forged under the traditional
Indian cultural marriages, can potentially miss
out from the recent relaxation.
The Indian Weekender has seen letters sent
out to Immigration lawyers and advisers by
the Immigration New Zealand advising them
about the decision to restart the processing of
partnership related visa categories which when
approved can allow the applicants to join their
families in New Zealand without the need of
any “exception.”
“We have resumed processing some visa
applications from people who are currently not
in New Zealand.
We are now processing and deciding offshore
applications for some relationship-based visas,
if they are supported by a New Zealand citizen
or resident
We are also processing, but not approving,
offshore applications for selected visa
categories. We understand your clients want
certainty about their ability to enter New
Zealand. COVID-19 has impacted people
in many ways and New Zealand’s border
restrictions have resulted in hardship for many
migrants, including those separated from their
loved ones,” the letter sent out to immigration
advisers and lawyers said.
No respite to partnership based
on Indian marriages
However, what can potentially break many
hearts is the categoric statement in the same
letter that partnership based general visitor visa
applications will not be considered.
“The list above does not include General
Visitor Visa applications made on the basis of
a relationship which does not meet immigration
partnership requirements,” the letter said.
For uninitiated, the manner in which
Immigration New Zealand responds to the
majority of partnership visa applications from
Indian spouses of New Zealand based partners
is that it issues “General Visitor Visa” for the
purpose of allowing them to enter the country
and join their partners.
The issue of partnership based visas for
the Indian marriages has first emerged in mid
2018 when the INZ Mumbai office
had arbitrarily changed the manner
in which it was traditionally
assessing partnership visa
applications by exercising
irrational emphasis on the
requirement of “living
together,” and resulting in
mass-rejection of thousands of
applications.
The Kiwi-Indian community was
incensed with the prolonged delays,
which were followed by mass rejection of
partnership visa applications resulting in
forced separation of families on the basis of a
seemingly racist interpretation of partnership
without reflecting upon cultural sensitivities of
minority groups in the country.
The issue was further exacerbated by an
"The
list above does
not include General
Visitor Visa applications
made on the basis of a
relationship which does
not meet immigration
partnership
requirements"
opportunistic plunge by a Minister in the
government Shane Jones, who sought to gain
some brownie points for his political party
New Zealand First at the cost of genuine
and legitimate concerns of the Kiwi-Indian
community.
The issue had then snowballed in a big
community resentment and protests leading to
immediate intervention by the Prime Minister
Jacinda Ardern assuaging concerns around any
racial bias against the Indian marriages.
Apparently, the then Immigration Minister
had made some changes under the category of
“Culturally arranged marriage visa” to fix the
problem, which most industry experts had then
argued was a mere cosmetic change without
addressing the main problem.
Immigration NZ had then reverted to previous
standard practice of issuing “General Visitor
Visa” in response to couple’s applications for a
“partnership based visa”.
Unfortunately, many clueless
recipients of such “general
visitor visas” who were under
impression that they had applied
and got partnership visa were
traveling overseas when borders
were closed and since then have
been locked out of the country
as they do not qualify for an
“exception.”
In that regard the latest relief announced
by the Immigration Minister is once again
leaving out the thousands of Indian marriages
from the relaxation offered to partnership visa
applications.
An enquiry has been sent to the office of the
Minister of Immigration and Immigration New
Zealand for further clarification.
Kanwaljit Singh Bakshi
National List MP based
in Manukau East
1/131 Kolmar Road, Papatoetoe, Auckland
09 278 9302
bakshi.mp@parliament.govt.nz
bakshiks
bakshi.co.nz
For JP services please contact
Rahul Chopra on 09 278 9302
Funded by the Parliamentary
Service. Authorised by
Kanwaljit Singh Bakshi MP,
1/131 Kolmar Road,
Papatoetoe.
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