The New Zealand Herald

Mum faces deportatio­n as marriage questioned

- Lincoln Tan

A woman is facing deportatio­n from New Zealand and the possibilit­y of splitting up her family because Immigratio­n New Zealand doesn’t believe her marriage is genuine.

Charity Valdez, 31, came here from the Philippine­s in 2019 on a partnershi­p visa with a previous partner, who she claimed ill-treated her.

After leaving that relationsh­ip, she married Jojo Velasco, 58, a New Zealand citizen also originally from the Philippine­s, in 2021 and they have a 1-year-old daughter, Charmaine.

But Immigratio­n New Zealand (INZ) declined her partnershi­p visa applicatio­n because it did not believe her relationsh­ip with Velasco was genuine.

“I came to New Zealand hoping to find a better life, but everything is falling apart and I have hardly been getting any sleep because I don’t know what to do,” Valdez said.

“My daughter, she is born here and her father, my husband, New Zealand is their home.”

Valdez comes from a village in Ifugao, a rural mountain province in the Philippine­s where she was a teacher.

“There is no way my husband can adjust to life in a mountain village so it is impossible to return there, and I don’t want Charmaine to grow up without a dad,” she added.

Valdez met Velasco in 2020 while she was working in a sushi shop in Albany where he was a customer.

“We were just friends at the start, but after I left my ex-partner, we got close and he proposed about a year later.”

After she left her partner, Valdez obtained a new employer-sponsored work visa before applying for a partnershi­p visa supported by Velasco, which was declined.

Following a successful Immigratio­n and Protection Tribunal (IPT) appeal against deportatio­n, Valdez lodged a residence visa applicatio­n last September — but INZ refused to grant her an interim visa as it waits for its decision on that applicatio­n after her work visa expired last week.

Velasco said the INZ decision not to grant the interim visa was “heartbreak­ing” for the family.

“Up to that point, we were still holding on to a dream that maybe, just maybe, we can finally be a happy family with some stability,” Velasco said. “But INZ’s actions are just cruel and cold-hearted, and seem to be aimed at breaking up our family and taking my baby away.”

Valdez’ immigratio­n lawyer Maricel Weischede said she had received an email from INZ last Friday saying it had suspended the residence visa applicatio­n process because Valdez was no longer lawful in New Zealand.

“Now with the couple already struggling with their cost of living, unnecessar­y cost would burden them as Charity needs to now lodge a deportatio­n appeal with the IPT to seek relief for an impending deportatio­n,” Weischede said.

“If INZ had given her [an] interim visa, like they normally do, then the determinat­ion of her work visa could have been left to that assessment process.”

Weischede said it was disappoint­ing that INZ refused to grant her an interim visa, and this ultimately resulted in Valdez becoming an overstayer.

“Issuance of interim visas is discretion­ary, however, where a client has a pending visa applicatio­n, I do not see why they have done so in her case,” said Weischede.

“She is not a threat to New Zealand, she is married to a Kiwi, her daughter is a Kiwi, she applied prior to the visa expiry and she has a job.”

In a letter to Weischede, INZ said Valdez needed to make arrangemen­ts to leave New Zealand immediatel­y or be liable for deportatio­n.

“Normally, if an applicant has a pending applicatio­n with INZ they issue an interim visa, but such is not the case for Charity,” Weischede said.

“Instead INZ refused to give her an interim visa, making her unlawful. This shows unfairness.”

INZ’s Operations Director Dominic Forde said Valdez was granted a temporary work visa on April 6 last year by the IPT, to allow her “time to lodge and progress her residence applicatio­n and allow her, her husband, and their child a further period of stability until the outcome of that applicatio­n is known”.

“Should the appellant’s applicatio­n for residence be unsuccessf­ul (or is still being processed), the 12 months will also have allowed the couple time to save money and make arrangemen­ts to return to the Philippine­s.”

But Forde said that her work visa had now expired and the decision whether to grant an interim visa is a discretion­ary one.

“As Ms Valdez had already been granted a temporary work visa by the IPT, she is not entitled to a further appeal against liability for deportatio­n. If she was granted an interim visa or any other temporary entry class visa, her right of appeal would be reinstated.”

Forde said INZ was also concerned that Valdez may have provided misleading informatio­n in a previous applicatio­n, and a letter noting this was sent to her on March 25.

 ?? Photo / Jason Oxenham ?? Charity Valdez and her husband Jojo Velasco married in 2021 and have a 1-year-old daughter, Charmaine.
Photo / Jason Oxenham Charity Valdez and her husband Jojo Velasco married in 2021 and have a 1-year-old daughter, Charmaine.

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