Permanent Residency for non-principal applicant

Hi,

I'm going to apply for Permanent Residency. I was non-principal applicant on the original residency application and we've separated since. I have three questions regarding the process:

1. What kind of evidence of separation INZ requires? We were not married so I don't have any divorce documents or anything like that. The only thing that comes to my mind is just statements from us confirming that plus maybe my rental agreement with only my name on it (+statement from the landlord?). Would something like that be enough?

2. Can I be refused PR on the basis that we've separated only 4 months after receiving residency?

3. From INZ website I got the impression that you need to provide all that separation evidence only if you apply before principal applicant. What if principal applicant gets PR first? Can I apply then without all the hassle with separation evidence?

Thanks in advance

As you may already have found, RV1.20.1 is the regulation covering this. https://www.immigration.govt.nz/opsmanual/#45650.htm

1. From what other people have said, those are the kinds of things used, together with evidence that your financial arrangements are entirely personal to you, not shared any more.

2. No, there will be no problem on that score. When you were granted Residence, it's YOUR residence, with all the same rights and privileges as if you'd applied on the basis of skilled work, and no dependence on your partner any further forward. You had to prove a reason to be granted it beforehand, namely in your case the fact of living together during at least 12 months, but once the proof is accepted and the visa is granted, there are no requirements on you any longer.

3. Probably strictly speaking, a statement about being separated would be what would trigger the requirement for proof, or if you applied individually, someone would say, 'You don't need to apply - your partner does,' so a reply from you saying, 'But we're separated,' would start it all off. Or if your former partner applied, not mentioning including you, ditto. Did either of you ever tell INZ that you had separated? Are you still in touch with your former partner, so do you know if s/he would object if you were getting PR on the basis of hers/his? As in answer #2, there's no requirement on you still to live together once you both have residence, so certainly the least hassle for you would be if one application went in from the main applicant that covered you both.

Thanks a lot for your help.

3. That's what I thought. As for applying with one application I think that might be risky since I think on application they ask you for your partner details and if I'm not a partner anymore wouldn't that be lying?

I don't think this applies, because you could interpret INZ 1175 Section C as meaning, 'Who was your partner on the Residence application?' rather than, 'Who is your live-in partner now?' As long as this section matched with the original Residence application, I very much doubt anyone would give it a second glance, anyway. BUT... it's arguable.

Quote:

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Partner’s and children’s personal details
Only people included in the original resident visa application may be listed here.
C1 Partner
Family/last name
Given/first name(s)
Date of birth D D M M Y Y Y Y
Passport number
Expiry date D D M M Y Y Y Y
Country Relationship to applicant

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Obviously, this would all depend on the terms you are on with your ex-partner, and your own gut feeling about what you should do. If you aren't happy about it, you'll need to tell INZ, apply individually, and supply evidence.