Widow refused residency after husband's drowning now faces cultural persecution
Friday, 13 April 2018
The widow of a Hawke's Bay drowning victim fears cultural persecution in her native India, after her New Zealand work visa was cancelled.
Hemin Limbachiya used his last breath to plead for Tanvi Bhavsar to be rescued in January – the drowning unfolding a few weeks after the pair's wedding in India.
Limbachiya's death meant the couple's residency application was refused and spelled the end of Bhavsar's work visa and future in New Zealand.
She's now back in India, but friends say she is now seen as a bad omen and 'husband killer'.
**READ MORE:
* Family of drowning victim plead for body to be returned to India
* 'I was at the point where I was going to let go and fall to the bottom of the ocean'**
Immigration New Zealand (INZ) has granted Bhavsar a three-month visitor visa, which she will spend petitioning to remain in the country.
Bhavsar said officials had failed to understand her tragic circumstances, and was frustrated at being compelled to apply for a visitor's visa.
While she applied for a nine-month visitor visa to return to New Zealand next week, INZ's Mumbai office only approved a three-month visit.
'I'm not happy about that, because I had a good job over there and they didn't even approve my remaining work visa, so it's not good.'
She had received 'good support' from friends, family and local politicians and hoped New Zealand would act compassionately.
'I spent two or so years in New Zealand, I had good memories, I had my career over there. All mine and Hemin's future plans are in staying in New Zealand. My family is over there.
'It was not my fault, or Hemin's fault. We were on the last stage to get our residency, so they should understand it is already a tragic situation that happened to me.
'Not allowing me to stay in New Zealand, is again giving me a tragic situation.'
Bhavsar was reluctant to comment on the cultural persecution a widow faced in India.
'I'm scared to comment on this further because I'm still in India. But, it's the main reasons I want to come over there. I see my future in New Zealand, not in India.'
Bhavsar's friend, Prashin Kumar, elaborated on a widow's life in India, saying Bhavsar was considered 'inauspicious' to those outside her close family.
'Everyone does see her as a person who killed her husband. Unfortunately, that is the way our culture is … she will always be looked upon as that.'
In a letter to a lawyer, Kumar described Bhavsar's plight as 'living multiple deaths' and said: 'I am sure you agree that no-one should go through these atrocities in a given life.'
Limbachiya and Bhavsar were in the process of applying for permanent residency when the 26-year-old died at Waimarama Beach.
The couple, who had a civil wedding in Wellington in 2016, had been living here on work visas for about two years – Limbachiya the principal applicant, and Bhavsar on a partnership visa.
On January 14, Limbachiya's death derailed these plans.
While Limbachiya satisfied the resident visa points requirements under the Skilled Migrant category through an accountancy job, Bhavsar's retail job in Napier did not.
A Media Design School graduate, she had been unable to find animation work during their time in Napier.
Her work visa was cancelled in February.
A week later, Bhavsar was told there was a problem with her residency application. Despite pleading for her case to be considered on 'humanitarian grounds', her residency application was declined in March.
In a written statement on Friday, INZ manager Stephanie Greathead reiterated the organisations condolences to Bhavsar for her loss.
'INZ was unable to award any of the points that Ms Bhavsar's husband had claimed as a result of his death and, as he was the principal applicant, there was no other option but to decline the application.
'INZ assessed whether Ms Bhavsar met the criteria for any other resident category but she did not do so.'
Bhavsar has not yet challenged the decision at the Immigration and Protection Tribunal, and her friend Kumar has been lobbying local politicians for support.
Tukituki MP Lawrence Yule wrote to Associate Minister of Immigration Kris Faafoi, but was told 'all appeal avenues must be tested' before requesting ministerial intervention.
Kumar met with representatives from Napier MP Stuart Nash on Thursday to discuss the issue.
A spokeswoman said Nash was yet to be briefed on the technical aspects of Bhavsar's case.
'He will look closely at the circumstances of the family's request for assistance and give some thought about how to best progress Tanvi's application through the right channels.'