Are there other kiwis in the same position-De Facto

[tobigers]

My british partner and I (Kiwi) have been in a relationship for 3 years. We have spent the majority of time living in NZ in the last 2 years. Immigration in NZ refused him an extension on his visa/permit as he/we could not provide evidence of us actually living together in the first year although we have proof of our tenancy/bills etc in NZ. I have attempted to apply under the unmarried partner section as we would like to go back to London where he is from. The British High Commission in NZ states that the information or lack of once again in the early year of our relationship does not support our claim. They state you must be living together which for us is difficult as we were partly in between his flat and where I was boarding. Many couples live apart and have been in a relationship for years, I just cant see why they cannot be flexible!! Any suggestions on where to ffrom here. Unfortunately I do not have a skilled job and have just finished a short beauty course in NZ. Where to from here...????? Thanks for your advice

[ppron747]

Not a solution, I'm afraid but the following from the UK Visas DSP (= staff instructions) shows what you're up against -

The parties having been living together in a relationship akin to marriage which has subsisted for two years or more
"Living together", should be applied fairly tightly, in that we would expect a couple to show evidence of cohabitation in the preceding 2 year period. Periods apart would be acceptable for good reasons, such as work commitments, or looking after a relative which takes one partner away for up to 6 months where it was not possible for the other partner to accompany and it can be seen that the relationship continued throughout that period by visits, letters etc. Where a couple have been living together for the preceding 2-year period but have been dividing their time between countries and may, for example, have used the "visitor" category, then this will be sufficient to meet the requirement.

"Akin to marriage", is a relationship that is similar in its nature to a marriage which would include both common law and same sex relationships.

In order to demonstrate a 2-year relationship evidence of cohabitation will be needed. In order to show a relationship akin to marriage, ECOs should look for evidence of a committed relationship. The following types of evidence would be useful in this respect:

* joint commitments, (such as joint bank accounts, investments, rent agreements, mortgage, death benefit etc);
* if there are children of the relationship, a record of their birth entry
* correspondence which links them to the same address;
* any official records of their address (e.g. Doctors records, DSS record, national insurance record etc);
* any other evidence that adequately demonstrates their commitment to each other

It will not be necessary to provide all of the above: ECOs are looking for satisfactory evidence of relationship.

I've extracted it from instructions starting at para 13.13 on this page on the UKVisas website.

[tobigers]

Thanks for that,

I produced tenancy agreement, purchase of vehicle documentation in both our names, cards to us both, pictures, letters. Wwhen we first moved to NZ we were staying with my parents. But the British High Commission in Wellington NZ said that my application will be refused as most couples who apply under this section produce a file at least 10 inches thick!! We certainly cant compete with this. Would it be a possibility to appoint a solicitor whilst in the UK, even on a visitors visa?

[John]

most couples who apply under this section produce a file at least 10 inches thick!!

I'm just going to say .... rubbish! Very few people in a relationship .... marriage or akin to marriage ... would be able to produce evidence 10 inches thick!

As long as your evidence proves without doubt that the two of you have lived together for a minimum of two years then you should be OK.

Go for it! Still doubtful? For the last year for which visa statistics are available, 2004-2005, in Wellington there were 1582 successful applications for settlement visas ...... and just 3 rejections!

[tobigers]

Well that is great news, I tend to not like seeing the female counter staff as sometimes they can be judgemental? Maybe be not so in this case but being a female would prefer to see a male staff member!!!

I was advised it would take 6-12 weeks.......at least you have given me some hope...I will think on it tonight!!!

Cheers for that, interesting statistics.