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hlo sir,

i am ravinder . i have open search visa. my husband file has been rejected for 3 times, now i am in india from jan 2019. i want to apply again but i am confused how should i apply again. i am attaching thr 3rd rejection letter . plz suggest me.

Application number: XXXX

Client number: XXXX

22 October 2018

Dear XXXXX SINGH

Application for a visitor visa for:

Applicant:                                                                                                          Date of birth:

XXXX SINGH                                                                                     XXXXXXX

Thank you for your application for a visitor visa – Dependents of long term worker/student. We received your application on 21 August 2018.

Our decision on your application

We have declined your application for a visitor visa because you do not meet the requirements set out in visitor visa immigration instructions.

We have made this decision because:

You are a 22 year old male who has applied for a visa on the basis of your partnership with your partner in New Zealand. We have duly considered the submissions with the application, information available with us and your present circumstances, however, we were not satisfied that the same demonstrates that you and your partner have been living together in a genuine and stable relationship and that the information is credible.

The submissions with your application indicate that you and your partner had a cultural wedding on 22/04/2016. However, we note that the marriage certificate provided in support of your application indicates the date of solemnization of marriage as 09/07/2017. However, with the evidence on file, we are not satisfied that you meet the definition of `living together’ in a genuine and stable relationship. Despite indicating to have been married since 22/04/2016, you have failed to provide any supporting evidence of living together in a genuine and stable relationship for the said period. We have considered the screenshots from Facebook, however, the same are not indicative of you and your partner being in a genuine and stable relationship. We have considered the evidence such as your passport bearing the name of your partner; however, we note that the passport was only issued on 29/12/2017, after your partner went to New Zealand. Further, your partner’s passport issued on 01/12/2016 does not enlist your name, despite that fact that you have indicated to have been married since April 2016. We have considered the evidence of chats, however, the same do not indicate your name or the name of your partner and further, the chats are generic in nature and are not indicative of the depth of your relationship. We note that Punjab National Bank account statement for your partner indicates the account being opened on 28/09/2017. However, we note that the same does not enlist your address. Further, we have considered the UID card for your partner which enlists your name and address. However, the same has been obtained recently in April

2018 and considering that you and your partner have indicated to be married since April 2016, this cannot be considered as evidence of living together in a genuine and stable relationship. We have also considered the medical reports for your partner provided with the application, however, the same are not suggestive of you and your partner having established a life together. We note that your partner was out of New Zealand for a brief period from 7/4/18 till 24/4/18. Notwithstanding, given the above, we are still not satisfied that you and your partner have `lived together’ as required by instructions in a genuine and stable relationship. While the compelling reasons for your  separation have been considered, however, an immigration officer will only consider whether there are genuine and compelling reasons for any period(s) of separation if the couple is able to satisfactorily demonstrate that they have lived together prior to the period(s) of separation. As such, despite indicating to have been in a relationship since 2016, we are not satisfied that you and your partner have demonstrated to have lived together as set out at the immigration instructions.

We have considered the evidence of your joint bank account statement. While you have indicated to have been married since April 2016, we note that the said account was opened on 23/11/2017, about 4 days prior to your partner’s arrival in New Zealand. As such, this cannot be considered as evidence of financial interdependence between you and your partner. Other parameters in assessing the stability of the relationship is the existence, nature, and extent of the parties’ common residence; the common ownership, use, and acquisition of property by the parties; the degree of financial dependence or interdependence, and any arrangements for financial support, between the parties; the degree of commitment of the parties to a shared life; etc. There is limited evidence to suggest that you shared responsibilities as a couple or have established a life together.

We acknowledge that you have provided a marriage certificate but it only establishes that that the marriage has been registered. We have considered the photographs provided with the application, however, the same only establish that you are married. The relationship is established by meeting the four fold test of credibility, living together, genuine and stable partnership. With the information submitted to support the partnership, we are not satisfied of any elements of Credibility, Living together; genuine and stable partnership is sufficiently demonstrated to meet work partnership visa immigration instructions. There is no compelling, cohesive supporting information that links of a genuine partnership. Thus, we are not satisfied that the partnership has been entered into, with the intention of being maintained on a long-term and exclusive basis; and is stable, or likely to endure.

We have considered the letters/affidavits of support, however, they cannot be considered as independently verifiable. We have considered the other evidence as bills/receipts, however, the same do not demonstrate that you and your partner are in a genuine and stable relationship. We have given due weightage to the other evidence on file, however, a temporary entry class visa must not be granted unless the immigration officer is satisfied, having considered each of the four elements in E4.5.35(d) (both independently and together) that the couple is living together in a partnership that is genuine and stable. The overall evidence that has been submitted does not in any way indicate that the relationship has been entered into with the intention of maintaining on a long term and exclusive basis and that it is likely to endure. We have given due weightage to the other evidence on file, however, a temporary entry class visa must not be granted unless the immigration officer is satisfied, having considered each of the four elements in E4.5.35(d) (both independently and together) that the couple is living together in a partnership that is genuine and stable.

We have considered the letter outlining the history of your relationship. However, given the above, we are not satisfied with the credibility of the information regarding the inception and progression of the relationship and that the relationship being a genuine one and that you have demonstrated to be living together in a partnership that is genuine and stable. The overall evidence that has been submitted does not in any way indicate that the relationship has been entered into with the  intention of maintaining on a long term and exclusive basis and that it is likely to endure.

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