A partnership visa decline on relationship genuineness grounds is one of the most distressing outcomes in immigration law. You know your relationship is real. INZ has decided, on the basis of documents and an assessment process, that it does not meet the legal test. Those two things can both be true at the same time, and understanding why that happens is the starting point for working out what to do next.
A decline on genuineness grounds is not INZ calling you a liar. It is a finding that the evidence provided did not satisfy the legal test. That distinction matters, because the response to it is different.
Partnership visas require applicants to demonstrate that they are living in a genuine and stable relationship.
INZ assesses genuineness across several dimensions: the history and development of the relationship, evidence of shared life and financial interdependence and living together. Where any of these dimensions raises doubt, INZ can and does decline on the basis that it is not satisfied the relationship is genuine and stable, even where the couple sincerely believes the evidence was sufficient.
The most common reasons for a genuineness decline are not dishonesty, but gaps in documentation, a narrative that does not cohere clearly on paper, evidence that INZ has assessed differently from how the applicant intended, or a relationship profile that does not match INZ’s standard expectations without adequate explanation.
Relationships that developed quickly, relationships conducted largely online or across distance, relationships where the parties have significant age differences, cultural backgrounds that shape how the relationship is expressed and documented, or relationships involving a New Zealand partner who has previously sponsored others are all factors that can trigger heightened scrutiny. None of them should result in a decline where the relationship is genuine and the application is well-constructed. But they can, and do.
The Potentially Prejudicial Information (PPI) process: In some cases, INZ will issue a PPI letter before making a decision. This letter will flag concerns and give the applicant an opportunity to respond. Where this happens, the response to the PPI letter is critical. A poorly constructed response, or one that fails to address the specific concern INZ has identified, can harden a tentative concern into a firm decline. If you have received a PPI letter and have not yet responded, get advice before you do.
A partnership visa decline on genuineness grounds triggers specific rights. Depending on the visa type and the circumstances, you may have the right to appeal to the Immigration and Protection Tribunal (IPT), to request a reconsideration, or to lodge a fresh application with strengthened evidence. The right pathway depends on the specific decision made and the legal basis on which it was reached.
An appeal to the IPT on a residence visa decline is a full merits review of the INZ decision, the Tribunal considers the evidence and identifies whether INZ made the correct decision. This is significant: the Tribunal can reach a different view on the same evidence, and additional evidence may be placed before it that was not part of the original application. The Tribunal has, in many cases, overturned genuineness declines where the relationship was genuine and the evidence, properly presented, supported that conclusion.
For a full overview of the options available after any visa decline, see My Visa Was Declined – What are my Options?”
It is an opportunity to present submissions with your case with the benefit of knowing exactly what INZ found deficient, and to address those specific issues with precision.
The most important thing to do after a genuineness decline is not to immediately reapply. It is to understand, with precision, what INZ found deficient, and to construct a response to those specific findings. This requires a careful reading of the decline decision, an honest assessment of the evidence that was provided, and a clear strategy for what additional evidence would address the concerns identified and whether it is possible to provide this evidence.
Where a fresh application is the right pathway, it should be lodged with materially stronger evidence than the original; not simply more of the same. Where an appeal is the right pathway, the case theory needs to be clear, the evidence needs to be organised, and the submissions need to address INZ’s findings directly.
Time limits apply to appeals. If you have received a decline, do not delay in seeking advice.
Dalley Sundar acts in partnership visa appeals and complex relationship cases. If your application has been declined and you need to understand your options, get in touch.