What to Do if Your Partnership Visa is Declined

If you are in New Zealand, Immigration New Zealand must give you written reasons for the decline. Read them closely, because the exact reason shapes which option is right for you.
From what we see, partnership visas are most often declined for these reasons:
• The relationship was not accepted as genuine and stable.
• There was not enough evidence that you are living together, or the evidence did not cover the whole period.
• The evidence was inconsistent, or did not meet the standard INZ expects.
• Character or health requirements were not met.
• The supporting partner was not eligible to support the application.
• Immigration New Zealand was not satisfied about your bona fides.

This is where INZ has concerns that an applicant has few ties to their home country and might stay in New Zealand unlawfully in future. It can apply even when the relationship itself is genuine.
Understanding which of these applies to you matters, because the reason for the decline usually points to the right way forward.

What to do first
• Read your decline letter closely. It sets out the reasons for the decision and the options available to you.
• Note the deadline. If you are in New Zealand holding a temporary visa, you can apply for reconsideration within 14 days of Immigration New Zealand’s decision to decline your application.
• Get advice quickly, because the right route depends on the reason for your decline and your current situation.

Depending on your visa type, where you are, and whether you are still lawful, the main options are:

• Reconsideration: for temporary visa declines, if you are in New Zealand and still lawful. Strict 14-day deadline.
• Appeal to the Immigration and Protection Tribunal: for residence declines. 42-day deadline.
• A fresh application: sometimes the cleanest route is a new, stronger application that addresses the reasons for the decline.
• A Section 61 request: only if your visa has expired and you are now unlawfully in New Zealand.

Which of these is the right option may not be obvious, and it is the most important decision you will make here. We come back to that below.

Only if two things are true: the decline was on a temporary visa, and you are still in New Zealand lawfully. If both apply, you have 14 days from being notified to make the request.

A different immigration officer, of equal or more senior grade, reviews the decision. Two things are important to know. First, you only get one reconsideration, and its decision is final. Second, lodging a reconsideration application does not extend your current visa while the application is being processed, but you cannot be deported before it is decided.

If you applied from outside New Zealand, you generally do not have a right to reconsideration, though an officer may reassess a decision if you provide new and compelling information quickly.

How long do I have to act?

Reconsideration of a temporary visa must be requested within 14 days of the decision. If your residence application was declined, the route is different and the deadline is 42 days. Check your decline letter for the exact dates and act quickly, because these deadlines are firm.

Can I stay in New Zealand while I sort this out?

While your reconsideration is being decided, your visa will not be extended, but you cannot be deported. If your visa has already expired, you may already be unlawful, which changes your options. Checking this is one of the first things to do, and a reason to get advice quickly.

Usually yes, and it goes to the Immigration and Protection Tribunal rather than back to INZ. You have 42 days from the decision.

An appeal can consider whether the decision was correct under the residence instructions, and whether your circumstances are special enough to justify an exception. It is a formal, legal process, and the way the appeal is prepared matters a great deal.

There is more detail on how the Tribunal works in our IPT Appeals Guide.

Then you are unlawful, and your options narrow to one: a request under Section 61.

A Section 61 request asks Immigration New Zealand to grant you a visa. This is entirely at their discretion. They do not have to consider the request, they do not have to give reasons if they decline it, and there is no right of appeal against a refusal.

Because of that, Section 61 is a last resort, and how the request is put together matters. If this is your situation, get advice as soon as you can, and read our Section 61 Requests Guide.

The answer turns on four things: your visa type, whether you are still lawful, the specific reason for the decline, and the strength of what you could add to a fresh application. Get any one of those wrong and you can spend your deadline on the weaker route.

Sometimes reconsideration is the right move. Sometimes a fresh, stronger application is cleaner and more likely to succeed. Sometimes an appeal is the only route left. Choosing the wrong one, or letting a deadline pass while you decide, can close off a better option that was available to you at the start.

This is exactly the point to involve a licensed immigration adviser. We can look at your decline letter, tell you which routes are genuinely open to you, and help you choose the one with the best chance, before the clock runs down.

• Do not ignore the decline or wait to think about it. The deadlines are short and they do not pause.
• Do not let your current visa lapse if you can avoid it. Becoming unlawful removes options like reconsideration.
• Do not simply lodge the same application again with the same evidence. If it did not satisfy Immigration New Zealand once, it is unlikely to succeed the second time unless the reasons for the decline are properly addressed.

You will need to declare a previous decline in future applications, and being honest about it matters. A decline does not automatically bar you from applying again, but future applications need to address the reasons the earlier one was declined.

Possibly. Even where one door has closed, there may be other options depending on your circumstances. It is always worth asking rather than assuming nothing can be done. Contact our team and we will tell you honestly where you stand.