Partnership work visa - relationship breakup

[Kiwik8]

Hi there, I have searched the forums and found answers to similar question but only regarding partnership residence visas. Also can't find any info on the IMS website.

I'm a NZ citizen and my partner is from overseas and is on a partnership visa (2nd partnership visa as he applied after our first year together, and then recently applied for a 2nd year). He was in NZ for 2 years on a sponsored work visa before we met.

We are having relationship problems, and looks like the relationship will come to end soon (my decision not his, if that makes any difference!). He is about to move to another town to look for work as he has not had much luck in finding employment where we currently are (been here a couple of months). We will continue the relationship long-distance while living in separate cities for a while and reassess the relationship later. Should we inform immigration that he is moving cities? will this affect the current partnership work visa if we are no longer living together?

And if we do officially break up, do we need to inform IMS of this immediately? will he then be liable for immediate deportation, or will he be given an opportunity to apply under a different category? and what would be the chances of him actually obtaining another work visa or even residency (he's been here 3.5 years)?

Should he just try to apply for sponsorship through an employer and only then inform IMS of the situation at that point? What is the process here as he is desperate to stay in NZ and wants to apply for residency. At this point he only has 9 months work experience of a trade listed on the skills shortage list, so I don't think he would be eligible to apply under the skilled migrant category (he is going to look for work in this area as soon as he arrives in the new city)...

Any tips would be very much appreciated, as I don't want contact IMS directly to give details at this point.

[jawnbc]

Lots of couples have one person working in another city--they're still a couple. So unless you split up, nothing has changed. It would make sense that you keep some of your bills etc coming to your current (as primary) residence.

As for the rest, I know couples who have notified immigration (and the other partner has left the country) and some who have decided not so, until the partner got their residence visa. Which isn't to say that's legal...

[Fern49]

Considering he's the one who wants to break up with you, you're going to a lot of trouble on his behalf.!! I hope he's not going to be another law breaker.

[JandM]

I agree with what jawnbc has said.

As far as your partner's situation is concerned, it doesn't sound as though he's yet in a good position to get a visa under some other regulations. (However, you haven't given enough information on his job and qualifications to judge that properly.) Unless and until you formally split (which you've said you're not doing yet) he is fully entitled to his partner-sponsored status, even if he travels to look for work.

Just a thought of what could sort out his situation, since you seem to be anxious to help him, whether or not you remain together long term. It sounds, from his visa point of view, as though it's a shame he didn't apply for partner-sponsored Residence instead of the last partner-sponsored work visa - in fact, considering you've already given INZ evidence of being together for more than 12 months, he could still do that. He would need to account for being in a different place right now (his search for work) and show phone records, emails, etc., that you're keeping in touch, which you would probably be doing anyway, up to the end of processing.

[Kiwik8]

Hi guys, thanks so much for your help.

FYI: I'm the one that wants to end the relationship, he really wants to stay together. We have really been struggling financially, and there has been a lot of stress on the relationship (I wont go into details!). We were unable to pay the fee for residency unfortunately so we had to go with another work visa.

He has about 9 months experience as a painter, and is heading to christchurch and already has a painting job lined up there, but from what I have read he needs 2 years experience in order to get residency on the skills shortage list.

So we are wondering if given the situation in christchurch and thier urgent need for painters, that he may be able to get sponsored for a work visa/ Otherwise I guess our options at this point is to stay together and either apply for residency, or wait until he has more experience as a painter so he can apply for residency that way.


Thanks again

[JandM]

We have really been struggling financially, and there has been a lot of stress on the relationship

That's a bad experience to go through - my sympathies to both of you. Here's wishing you all the best with whatever you decide. I'd say, go one step at a time, and don't rush anything.