Ex-wife in ‘mum of four NZ kids being denied residence visa’ case says INZ got it wrong - but agency standing by its decision

Sharon Choo moved to NZ with her Kiwi husband Barry Eade mainly for their children. Photo / Sylvie Whinray

A woman is supporting the application of her ex-husband’s current wife who is being denied a residence visa because Immigration NZ says the man had previously sponsored two foreign partners.

Kathryn Stevenson, 52, a British citizen, said she was never a permanent resident of New Zealand and was never sponsored by Eade - and that INZ had got it wrong.

Malaysian Sharon Choo, 40, has four sons aged 5 to 12 and is married to Stevenson’s ex-husband, New Zealander Barry Eade, 56.

Despite all her children being New Zealand citizens, INZ has declined to grant Choo a resident visa because it says Eade had sponsored two foreign partners before.

Eade said he had two failed relationships with foreign partners, one was Stevenson in 1992 and another Malaysian woman in 2003.

Stevenson said in a letter to INZ: “I was never given a permanent residency in 1992, it was only a one-year temporary visa from my recollection, but for however long it was, it was never a permanent visa.

“I am appalled that Sharon’s visa is being denied, due to his previous applications, one of which was for me.”

Stevenson said she lived in NZ with Eade for less than a year and has not returned to NZ since.

“The fact I left Barry, should not affect his right to move on with his life with his wonderful wife, whom I know to have the most loving and special marriage to Barry,” she said.

“The fact that I did not stay in your country, so he was hardly sponsoring me for any ulterior motive, other than the belief we would settle in his home country until events changed things for us and I missed my family being too far away from me.”

Choo said it has been very distressing to not know whether she can be around to watch her children grow up.

Nicola Hogg, general manager border and visa operations, said the agency won’t budge from its original decision.

Sharon Choo says it is distressing to not know whether she can be around to watch her children grow up. Photo / Sylvie Whinray

“We stand by our original decision of declining the application based on Ms Choo not meeting immigration instructions,” Hogg said.

“We have reviewed the file and based on our records, Barry Eade supported two previous partnership residence visa applications and is therefore unable to sponsor any further partners.”

Michael Carley, INZ general manager border and visa applications, said the agency was not able to discuss any further aspects of the case because an appeal was being considered by the Immigration and Protection Tribunal.

He said that immigration instructions stated that for a New Zealand partner to be eligible to support a partnership residence category visa application, they must not have acted as a partner in more than one previous successful residence class application.

Immigration NZ says it is standing by its decision to not grant Sharon Choo a residence visa. Photo / Sylvie Whinray

“For clarification, generally speaking, a New Zealand partner is considered to have ‘acted as a partner’ if they have previously supported a successful partnership category application for a residence class visa,” Carley said.

“A residence class visa that has been granted to the principal applicant under the partnership category is considered a ‘successful application’.”

INZ said it received a residence visa application for Choo under the partnership category in February 2021.

A decision was made in July last year to decline the application as she did not meet the requirements to be granted a residence visa.

Choo holds a current partnership work visa that expires in October next year.

The couple met in Malaysia in 2008 where Eade was working as a boat builder.

Eade said he felt a connection with Choo even though she couldn’t speak English well and wasn’t confident with the language.

The family moved back to New Zealand so their children could have better education and support. Their third son, Nicolas, suffers from autism.

Eade said the entire family had adjusted and were now “well immersed” in New Zealand life.

“This is where I was born, this is where I want to see my children grow up, but I feel it is unfair that INZ has this rule that I cannot support the mother of my children for residency,” Eade said.

“Going back to Malaysia is not an option, neither is having my children grow up without their mother.”

In Malaysia, Choo ran her own souvenir and hospitality business, but is working as a cleaner here.

She said her family and children meant everything to her.

Choo said Nicolas would never get the support he needs for his autism in Malaysia as he does here.

“My children need me, and I need them. All I want is to be here for my kids,” Choo said.

In a support letter Laura Webster, deputy principal of Silverdale School, said Nicolas required one-on-one supervision and struggles to communicate.

“It is very apparent to all those who work with Nicolas that he requires an exhausting amount of time and support, and would regress immensely without a two-parent household,” Webster wrote.