2015-Dec 11: Entry to New Zealand for the purpose of culturally arranged marriage – V3.35

Visa Pak 240 - Advices to staff about when assessing applications submitted for the purpose of Entry to New Zealand for the purpose of culturally arranged marriage – V3.35

Visa Paks

11 December 2015

Entry to New Zealand for the purpose of culturally arranged marriage – V3.35

Although the parties involved with visitor visa applications made under V3.35 are not yet partners, because that is their intention the intended New Zealand supporting partner must meet the requirements below which mirror those for partnership based visa applications providing a pathway to residence:
    a. their intended partner supports the application; and 
    b. their intended partner is an eligible partner under Partnership instructions (see F2.10.10); and 
    c. that their intended partner complies with the minimum requirements for recognition of partnerships (see E4.5.15 and F2.15); and 
    d. their intended partner meets the character requirements for partners supporting 'partnership-based temporary entry applications' set out at E7.45.

Meeting the minimum requirements for recognition of partnerships in (c) above includes a requirement for the couple to have met prior to the application being made.  In this context ‘to have met’ means to have physically met at least once when the couple were adults.

It appears that some offices are not being consistent in requiring applicants under V3.35 and their intended partner to have met prior to the application being made and this has led to a number of complaints.  Please therefore ensure all officers are insisting on this requirement being complied with.

As is the case with any applicant for a temporary entry class visa who does not meet a particular criteria or requirement in instructions, applicants under V3.35 who have not met their intended partner can provide information and evidence, preferably when the application is lodged, which they consider justifies an exception to instructions (ETI) being made.  As required by instructions at E7.10 officers should consider whether an ETI is justified on a case by case basis whether or not the applicant has requested this and/or provided evidence and information in support of an ETI being granted.

Action
Please discuss with your teams and follow the advice above.