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Thread: please help me letter from CO

  1. #1
    boinkyKA is offline Junior Member
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    Default please help me letter from CO

    We have completed a first assessment of your application. At this point we are not satisfied that your application meets partnership instruction V3.15 because of the following reason:



    We note that your sponsor was granted residency as a dependant child on the 18th of December 2009. However the documents, your own comments, and the letters of support in your application verify that youwere living together during this time. As instruction F5.1 states that a dependant child must be single in order to be granted residency, it appears that your partner should not have been granted residency as a dependant child, and is therefore not eligibleto sponsor your application.



    Please note: F5.5 defines single as: ‘A person is single if they are not living with a partner in a genuine and stable partnership’



    We cannot give you an indication of the outcome of your application at this stage.

  2. #2
    SteveyC's Avatar
    SteveyC is offline Right Royal Pain In The Posterior
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    Hmm this seems really strange, can you provide some more background, in terms of your case? It doesn't seem to make sense, how can a dependant child not be single.
    I'm guessing from your post that your partner was 17 when first granted residency now they've become independant and they're sponsoring you to go out to NZ.

    Is that right? Or am I missing something?

  3. #3
    boinkyKA is offline Junior Member
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    In Dec 2009, he was granted PR. They applied on April of 2009.
    These are the requirementsof the dependent child:
    >You are aged between 17 and 24 years;
    >You are single; (not in a genuine and stable relationship, not married or in civil)
    >You have no children of your own;
    >You are totally or substantially reliant on an adult for financial support (whether or not that adult is your parent, and whether or not you are living with that adult); and
    >Your parent(s) are lawfully and permanently in New Zealand.

    From the time he applied for a dependent resident visa, we were in a relationship. But the only requirement was to be single ( not living in a stable and genuine relationship).

    we did not consider our partnership as genuine and stable from the time oh his application although we stated on my application for visit visa under partnership that we have been in a relationship since 2008. I wrote their on my synopsis that we moved in with me in may 2008, still we did not consider it as stable because:

    1. he's was 20, i was 18
    2. we were both students from the time of application, we still ask money from our parents
    3. we stated at our letter that he started to move in with me may of 2008 but is not official.( He still lives with his brother and will just come to my flat from time to time, i just did not put this in the letter. my mistake! i was so desperate to prove we were i a genuine and stable rel)


    Now im really worried, i dont care anymore about a visit visa. I just want his PR not be revoked :(

  4. #4
    Taffy's Avatar
    Taffy is offline He who shall be ignored
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    I think the only option you may be left with is an appeal if your application is rejected. You've proved to them that you were together in May of 2008, and he wasn't granted residency until December 2009 which means by that point you had already been in a relationship for at very least 18 or 19 months, but most likely longer, which would make it a stable relationship.

    I wouldn't like to say whether his residency will be affected or not.
    Taffy

    The greatest mistake you can make in life is to be continually fearing you will make one.

  5. #5
    boinkyKA is offline Junior Member
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    What can I do to make it look like it wasnt STABLE or to prove that he is single

    im really confused :( i really hope someone could enlighten me

  6. #6
    SteveyC's Avatar
    SteveyC is offline Right Royal Pain In The Posterior
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    I agree with Taffy.

    From the INZ site.
    "We need to be satisfied that you and your partner entered your relationship with the intention of it being maintained on a long-term and exclusive basis. We also need to be satisfied that your relationship is stable and likely to last."

    It think you have fair ground for appeal on the basis that it was impossibly to know it was to be maintained in the long term, nor did you have any means of financial security so you could never have known what the furutre holds. You were as good as 'Dorm buddies' which means the above staement is hardly applicable.

    I would write a letter back to that effect, and if neccessary appeal on the same grounds.
    It would take a harsh case officer to deny a case based on 'young love' turning out to be 'lasting and stable relationship'. Also if you have both qualified now, they get two highly qualified people, plus a stable relationship. Perfect for the big picture of the profile NZ is targetting for immigration.

  7. #7
    boinkyKA is offline Junior Member
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    Default thank you

    a big thanks to you steveyC for the heads up. thats what we thought, we should also tell our attorney what you've said.. thank you guys for the big help, this really means a lot. i'll update you guys with my case. our atty will help us formulate a response to my CO. :(

    wish me good luck

  8. #8
    boinkyKA is offline Junior Member
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    Default :(

    i really dont know what im gonna do now.. we still havent heard from our lawyer on what to reply on my CO's letter :(

  9. #9
    Taffy's Avatar
    Taffy is offline He who shall be ignored
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    Contact your lawyer again and chase them up! If they don't make it a priority, get a new lawyer that will!!
    Taffy

    The greatest mistake you can make in life is to be continually fearing you will make one.

  10. #10
    boinkyKA is offline Junior Member
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    can you give me some contact numbers of a good lawyer you know in auckland?

    is there a chance we could prove it that it wasnt stable from the time of he applied for PR under dependent child?

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