2014-May 09: Partnership Applications – Cultural Differences

Visa Pak 161- Guidelines to staff about managing partnership applications where there are cultural differences

Visa Paks

9 May 2014

Partnership Applications – Cultural Differences

INZ has recently received a complaint about the following request in a letter from an immigration officer "I note that X and Y come from different cultural backgrounds. Therefore, please provide us with a signed letter from X and Y that explains how their cultural differences affect their relationship and how they overcome problems caused by their cultural differences". Both the adviser and the customer complained that the request was racist and unacceptable.

Concerns about the format of this question

  • there is an underlying assumption that unspecified cultural differences will cause problems
  • although the question is "open ended" as usually recommended, the topic is so large that it cannot readily or satisfactorily be answered by letter
  • although cultural differences may pose challenges in a relationship, this won’t always mean that it isn’t genuine and stable as genuine partners will find ways to overcome such difficulties and differences

Managing applications where there are reasonably significant cultural differences

It is acknowledged that cultural differences may have some impact on whether a partnership will be stable and likely to endure, but this will usually depend on other factors such as having a common language to adequately communicate in and whether or not there is a wide disparity in religious beliefs, customary practices etc. Any concerns arising from the existence of such factors might be mitigated by evidence of a lengthy formative relationship especially where the N.Z. supporting partner has spent time visiting their partner in their home country, or has lived there or in a country with a similar culture etc in the past.

If this question is being asked because the officer doesn’t think that the relationship is genuine and stable due to significant cultural difference this can be better addressed by talking to the couple and asking a range of questions in an interview which covers things like common interests, their families, how they met etc.  Where cultural differences are less significant it may be reasonable to raise and address these by a carefully worded letter which sets out the reason for asking and specifies the perceived concerns we have which need to be dispelled.

Action

Do not use the question above in template letters. Instead, consider an interview or identify specific areas of concern that can be answered by letter.