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