An Indian couple have been separated against their wishes after the husband was denied a visa by New Zealand Immigration who cast doubts on their relationship inspite of granting him a visitor’s visa twice before.
Indian national Rutika Gehlot married Haresh Kumar Gehlot in 2011 and applied for a student visa to New Zealand in March 2015.
She was granted a student visa on 20th March 2015 and her husband Hareshkumar's visitor's visa - based on wife's student visa application was approved on 26th March 2015.
The couple moved to New Zealand in April 2015 and extended their student visa and visitor’s visa till September 2016.
Both times, the husband’s visitor visa was approved based on his wife’s student visa.
In September 2016, Rutika’s post study work visa was approved but Haresh Kumar’s work visa - requested under partnership policy - was declined because of insufficient evidence of relationship.
Lawyers for Haresh Kumar then wrote to Associate Minister for Immigration David Bennett asking for ministerial intervention for a visa under partnership policy.
Kumar was asked to provide further information including bank statements and a summary of earnings from Inland Revenue.
He was asked whether he had worked in New Zealand to which Kumar’s lawyers confirmed he had not been working.
In July, Ministry of Business, Innovation and Employment, NZ (MBIE) said the Associate Minister will not intervene and Haresh Kumar must depart New Zealand "at the earliest opportunity" or a deportation order will be served.
Haresh Kumar had to leave New Zealand even as his wife continued to stay in Auckland.
Rutika and Haresh, with the help of Immigration consultant Jig Patel have now taken their case to the Ombudsman after an official information request revealed that Haresh Kumar was ordered to leave New Zealand as Immigration NZ was suspicious that he had been illegally working in New Zealand.
The couple have denied that Haresh worked on a visitor visa.
S reports Rutika has supplied documents showing her legal work and being supported financially by family in India.
Rutika and Haresh discovered NZ Immigration’s concerns only after they filed for an official information request.
Now the couple has gone to the Ombudsman claiming INZ breached procedural fairness in forcing Hareshkumar to leave New Zealand.
While officials asked for documents to see whether Hareshkumar had been working, he was never formally told of that concern, Jig Patel told .
"His visa was declined saying that partnership documents were insufficient – but it is clear this may not be the case as there was enough evidence and previous partnership visas were just fine."
Rutika, who is in Auckland said her arranged marriage was genuine and loving.
"I need my husband back - I am so depressed."
