McSweeney Immigration Lawyers Assist To Turn Around A Declined Application.
Overview.
At McSweeney Immigration Law (MILNZ), we pride ourselves on achieving results in even the most challenging cases. Recently, we assisted a Ukrainian citizen in obtaining a partnership-based resident visa after their initial application, lodged by another agency, was declined. With our expertise, the visa was not only approved but also set the stage for a future partnership-based work visa.
The Situation.
Our client, a Ukrainian national, was in a committed relationship with a New Zealand citizen. They had been in a relationship for about two years but had only spent time together on several occasions – offshore - due to work and family commitments in their respective home countries. The Ukrainian partner applied for a partnership-based visitor visa with the assistance of another agency, but the application was declined by Immigration New Zealand (INZ).
The reasons for the decline included:
Insufficient evidence of the relationship’s genuineness and stability.
Inadequate documentation explaining the period of separation.
Lack of clarity around the couple’s future plans to live together.
Insufficient incentives for the applicant to return to their home country.
Feeling disheartened, the couple approached MILNZ for assistance.
Our Approach.
We began with a thorough review of the previous application and the reasons for its rejection. It was clear that additional evidence and detailed explanations were needed to convince INZ of the relationship’s authenticity. Here’s what we did:
Strengthened Evidence of the Relationship:
We helped the couple compile a comprehensive portfolio of evidence, including:
Photographs from their time together.
Travel itineraries showing their visits to each other’s countries.
Communication logs, such as emails, messages, and call records.
Joint financial commitments, such as shared expenses and gift receipts.
Affidavits were obtained from friends and family who could attest to the relationship’s authenticity.
Explained the Period of Separation:
A detailed letter was prepared to explain the temporary nature of their separation.
We highlighted the impact of external factors, including global travel disruptions, family obligations and the war in Ukraine.
Outlined Future Intentions:
The couple’s plans to live together in New Zealand were articulated clearly, including details about housing arrangements, employment plans, and the eventual transition to a partnership-based work visa.
Addressed INZ Concerns:
We presented a reasoned and legally sound argument addressing INZ’s initial concerns, supported by additional documentation that directly countered the reasons for the first application’s refusal.
Outcome.
Our meticulous preparation and comprehensive submission convinced INZ that the relationship was genuine, stable, and long-term. The partnership-based visitor visa was approved, allowing the Ukrainian partner to join their New Zealand citizen partner. The couple is now living together in New Zealand, and we are assisting them with the transition to a partnership-based work visa.
Key Takeaways.
A declined application is not the end of the road. With the right legal support, a well-documented and reasoned case can turn things around.
INZ places significant importance on detailed evidence and clear explanations, particularly in cases where couples are temporarily separated.
Professional guidance can make all the difference in ensuring applications meet INZ’s stringent requirements.
Let Us Help You:
At MILNZ, we specialise in resolving complex immigration cases. If you’ve had a visa application declined or face challenges proving your partnership’s authenticity, contact us. We’ll work tirelessly to help you achieve your immigration goals.