2015-Mar 13: Processing culturally arranged marriage applications

Visa Pak 202: Guidelines for staff when assessing Culturally Arranged Marriage Visitor Visa applications and issues to consider.

Visa Paks

13 March 2015

Processing culturally arranged marriage applications

As per instructions V3.35.1(a)(i-v), there are specific criteria that an applicant must meet in order to be granted a visa to enter New Zealand for the purposes of a culturally arranged marriage. Under these instructions, we require evidence that:

  • There is a genuine intent to marry and that it is intended the marriage be maintained on a long term and exclusive basis; AND
  • The person the applicant intends to marry is a New Zealand citizen or residence class visa holder; AND
  • The marriage follows an identified cultural tradition where the arrangements for the marriage, including the initial selection of the persons to be married, have been made by persons who are not parties to the marriage; AND
  • The couple intend to marry within three months of the applicant’s arrival in New Zealand; AND
  • In the event the marriage does not take place the applicant will leave New Zealand

This advice is to assist in the interpretation of instructions, particularly around whether or not the applicant will leave New Zealand if the marriage does not take place. To clarify, the final point of consideration regarding the applicant leaving New Zealand is not to be considered in isolation, but rather, should be considered in the context of the previous four points of consideration, with the key words “in the event the marriage does not take place” being the main focus.

If an Immigration Officer decides that the culturally arranged marriage is likely to take place, then the question of whether or not the applicant would leave New Zealand ceases to hold weight as visas to enter New Zealand for a culturally arranged marriage are considered a pathway to residence under the Partnership stream. However, if there are reasonable grounds for concern as to whether or not the culturally arranged marriage will take place, then consideration needs to be given as to whether or not the applicant would leave New Zealand in such an event.

Another important thing to remember when processing applications for visas based on culturally arranged marriages, as opposed to standard partnership applications, is the general absence of partnership evidence. In cultures where arranged marriages are still practiced, it is the norm that the bride and groom would have had little to no interaction prior to the wedding, and in a lot of cases would have only met each other one or two times prior to the wedding day.

Action

Please ensure all staff follow this advice when processing applications for visas based on culturally arranged marriages.