Arrive as a tourist and apply for work permit

[woodynz]

Has anyone had any experience with arriving as a tourist (visa waiver or with a tourist visa) and then applying for a work permit (partnership-based)?

I'm a New Zealander currently in Brazil, wishing for my Brazilian girlfriend to join me in NZ to work and eventually study. It is clear from the immigration website that one may extend a visa or apply for a different type of visa whilst in New Zealand as a tourist.

The NZ embassy here has said while she can definitely arrive and apply for a work permit afterwards, it would be best to apply here first as it may be denied. But they also said that an application within Brazil will take up to 30 days or more (depending on whether or not they require more information) and may be denied if they feel our relationship or the evidence provided is not substantial enough. If denied, they said they would usually grant a parntership-based visitors visa and then encourage the applicant to apply for a work permit with immigration once in New Zealand, which can also take some time.

I feel that it would be more logical to arrive as soon as possible and apply for the permit in Auckland, meeting immigration officers face-to-face. Obviously, we would state that she came to New Zealand just to check it out and decided she'd like to stay on with me. I'm not sure when it would be best to apply - within a few weeks of arrival or at the end of the 3 month permit duration (she does not need a visitors visa).

I'm a PhD student based in Auckland and feel confident that they would accept our relationship as genuine and hopefully grant the permit. We have sufficient evidence of our relationship and have been living together with her mother in Brazil for the past four months.

Many thanks to anyone who can offer advice.

[sophiedb]

hi woodynz,

I don't know much about partnership-based visitor visas, however I am under the impression that most partnership visas need you to prove that you've been living together for at least 12 months, not 4 - or at least proof of a 12+ months' relationship. I could be wrong though, I'm sure someone will have more info soon.

If that is the case and the tourist visa is all she can get, I seriously recommend a working holiday visa for your girlfriend if she's eligible, at least when applications are reopened.

http://www.immigration.govt.nz/migra.../brazilwhs.htm

In most cases it is the cheapest and simplest visa that they will ever be able to get, and has enabled many a multinational couple to stay in the same country while establishing their relationship (as far as immigration definitions are concerned anyway).

best wishes!

[woodynz]

Hmmmm thanks for your response.

The immigration website does not seem to specify a required length of time to before a partnership can be recognised for a partnership-based work permit - it only states the couple must be living together. Yes there is a 12 month requirement - but I understand that that is specifically for a permanent residence application.

I know for a fact that a working holiday visa is not an option - Brazil's president, Lula would not sign a working holiday agreement with New Zealand, apparently worsening the travel/visa relationship between the two countries. Who knows why he wouldn't agree!

Cheers

[JandM]

Hello.

Here's the page on the NZIS website which deals with this situation. http://www.immigration.govt.nz/migra...milystream.htm There is also the form mentioned in the side-bar on the right, Form for partners supporting partnership-based temporary entry applications, which may help make things clearer.

You're quite right that the 12-month minimum living together proof is only required when applying for PR.

I can see a possible potential drawback in making the application in Auckland, IF NZIS decide they need more proof, documents, etc., which are all back in Brazil. Therefore, if you decide to go for the immediate departure to NZ, I recommend gathering everything you can imagine they would possibly need, and then everything they can't possibly need! (My son went into NZ on PR sponsored by his Kiwi wife, and I was the one dashing around in the UK for extra proofs of the relationship, and another police certificate because NZIS lost his, etc. etc..)

I'm not sure when it would be best to apply - within a few weeks of arrival or at the end of the 3 month permit duration

Allow yourselves plenty of time. You're in the hands of a big bureaucracy, there are NO set times for the processing of an application, and if anything goes wrong, your lady could find herself in the unhappy situation of having to leave the country if her work visa hadn't come through before her visitor's one expired.

I've just thought of another point - if you decide to go to Auckland with her as a visitor, she will have to have a return air ticket.

[KatieBen]

Return air ticket not an issue - get a one way ticket in and a fully flexible / refundable one way ticket back. If visa issues work out you cancel it for a full refund and if they don't, you cancel it for a full refund and buy the cheapest ticket back instead.

We did that for my OH and kids when we arrived here (me on work visa with outward passage waived but them on visitor permits on arrival) - no problems cancelling their tickets when PR came through.

[tweetyhk]

Why don't u try to apply a tourist visa for 6 months or longer in Brazil before coming to NZ? So that u have longer time frame to apply partnership work permit during the time.
Visa wavier only grant u 3 months tourist visa max. Sometimes, the immigration officer in the airport has right to grant u a shorter visa on his/her own discretion. My friend's gf has the similar situation before. She only get one month tourist visa. Actually I have the checklist for documents required for proving partnership status from INZ. That checklist is the same for applying partnership work permit or PR on partnership base. However, I don't know to unload an attachment in the post. PM me if you want me to email u the checklist.

[woodynz]

Thanks very much all. Solid reply JandM - I have all the information from that page already. The only reason I was asking when it would be best to apply was because I have been told that she needs to be clear that she is just there for a holiday when arriving at the airport or they may send her back. Therefore it must be somewhat dodgy to go straight to immigration during the first week and apply for a partnership-based work permit. I guess we'll just wait 3 weeks and then give it a shot.

Actually tweetyk, at least according to immigration officers at the Brasilian embassy, a visitor can extend their visit twice (every 3 months) to a maximum stay of 9 months under the visa waiver program. That likely applies to those from all countries who do not need visas to visit NZ. So a visitors visa (as you suggest) probably doesn't exist as it would be pointless. Not sure.

[tweetyhk]

Actually tweetyk, at least according to immigration officers at the Brasilian embassy, a visitor can extend their visit twice (every 3 months) to a maximum stay of 9 months under the visa waiver program. That likely applies to those from all countries who do not need visas to visit NZ. So a visitors visa (as you suggest) probably doesn't exist as it would be pointless. Not sure.

If u apply for more than 3 months tourist visa from embassy, just to ensure that u can get enough period of time to stay in NZ for doing the partnership WP paper work. As I mentioned, the immigration officer in the airport has the sole discretion to grant u 3 months OR LESS visiting permit when u land NZ airport. And I have a friend's gf from Czech who came to NZ as a tourist and then plan to apply partnership work permit. But when she arrived NZ airport, she told the immigration officer to visit her bf for 3 months and she got return flight ticket, but the officer only grant her 1 month tourist visa even though the officer talked to her bf on the phone and she shown that she has enough money to support her 3 months staying. And I have a german friend who wants to emigrate to NZ and he applied a 9 months tourist visa before he arrive NZ so that he can have time to find a job. He was over 30 years old, so he can't apply WHS. Anyway, I just advise that u can apply a 6 months or more tourist visa to pay safe. Just an advice from what my friends' experience.

[JandM]

Therefore it must be somewhat dodgy to go straight to immigration during the first week and apply for a partnership-based work permit.

Agreed, but there's a happy medium to strike, between going straight there and leaving it till the LAST week.

[woodynz]

Thanks so much tweety. That info is very valuable. Please PM me that checklist you mentioned. I cannot figure out how to send private messages on this forum!