Partnership residency... and then divorce

[Danger Mouse]

Hi All,

Been reading the board, looking for a similar thread, but happily most of the discussions on here are about successful applications for residency and a new life in NZ. My issue is one that's not quite so positive, although parts of it are definitely a good thing.

My wife and I moved from the UK to NZ about 4 1/2 years ago, I'm a Kiwi (born in Nelson) and she applied for and gained residency through a partnership application. We'd been married for over 2 years when she applied and we'd been together for about 5 years. Sadly, things did not work out between us and we have seperated. She had already settled well into NZ life by the time we seperated, has a good job, a new bloke (who she's living with) and is generally happy to continue living in NZ. I have also moved on and have met a great new girl, who I definitely see a long-term future with...

But here is the issue. We've gone past the 2 year seperation requirement for filing for divorce, I am happy to just get it signed, filed and done, so we can both just get on with our new lives with our new partners. However my wife is concerned that, as her residency is based on a partnership application, if we file for divorce, she will have to re-apply for residency. Not that this would be a problem, as said she has a good job, excellent education background and is easily of value in NZ. She wants me to instead wait another 7 months, so she can apply for citizenship, before proceding with divorce (it is a condition of her residency that she must inform immigration of any change in circumstance).

I don't think this will be an issue, but I understand her concern. However, while we had a pretty clean seperation, no real bad feelings towards each other, I don't want to stall it unecessarily and part of me thinks that she's using it to mess me around (something she enjoyed doing when we were together, but I won't get into that now... )

Does anyone know anything of what might happen? I would think that this is not the first time this kind of thing would have happened, but there's very little information on the internet, or the immigration website.

Thanks in advance for any advice!

Jason

[ralf-nz]

(it is a condition of her residency that she must inform immigration of any change in circumstance)

What is the exact wording of this condition? Are there more conditions?

[Danger Mouse]

What is the exact wording of this condition? Are there more conditions?

I can't find the specific information on the Immigration NZ website, but I was told it was along the lines of "You must inform Immigration NZ of any change in circumstances". This may not actually be true, I am taking my wife's word here...

I was under the impression that she needed to inform Immigration of her no longer being in a relationship with me, she was concerned that she would then have to apply for residence again under her own merit. I don't believe this to be the case and now that I've spent a good amount of time looking at the website and not finding any evidence of her needing to inform Immigration NZ, I am slightly suspicious of this.

[JandM]

Hello and welcome.

Obviously, I don't know if it will be exactly the same, but I'm on my way to visit my son in NZ right now, who also has residency on the basis of partnership, having married a Kiwi. When I get there, I'll have a look at his paperwork and see what it says. (I've always believed that once you get residency and then IRRV, you are 'in' for as long as you want to be, unless you commit some dreadful crime and get your residency revoked.)

Another thought - you could Google 'Immigration NZ contact us', and put this question directly to INZ - they answer within a very few days.

[Danger Mouse]

Hello and welcome.

Obviously, I don't know if it will be exactly the same, but I'm on my way to visit my son in NZ right now, who also has residency on the basis of partnership, having married a Kiwi. When I get there, I'll have a look at his paperwork and see what it says. (I've always believed that once you get residency and then IRRV, you are 'in' for as long as you want to be, unless you commit some dreadful crime and get your residency revoked.)

Another thought - you could Google 'Immigration NZ contact us', and put this question directly to INZ - they answer within a very few days.

Thank you for the welcome!

Also, thank you for looking into it for me, my wife has all the paperwork, so I can't check for myself. I also believe that once you're in, you're in and as long as the application was made in good faith (we were in a genuine, stable relationship at the time of application), then there would be no issues if circumstances later changed.

I have already considered the Immigration NZ Contact Us, I do need to provide a certain amount of personal detail and am, or at least was, reluctant to ask as I would basically be informing them of the seperation by asking. I may well ask anyway.

[redsheesha]

Thank you for the welcome!

Also, thank you for looking into it for me, my wife has all the paperwork, so I can't check for myself. I also believe that once you're in, you're in and as long as the application was made in good faith (we were in a genuine, stable relationship at the time of application), then there would be no issues if circumstances later changed.

I have already considered the Immigration NZ Contact Us, I do need to provide a certain amount of personal detail and am, or at least was, reluctant to ask as I would basically be informing them of the seperation by asking. I may well ask anyway.

I think you're right about this, and your wife is thinking of the initial letter you get from INZ once your application has been approved. We had to notify them of our marriage before we got to NZ, but here's the actual relevant section from INZ:

CHANGES TO YOUR DETAILS

Although I have approved your application and issued your visa, it is still important that you tell me of any changes to your personal circumstances, such as:
change of marital status
change of address
any legal liabilities or disqualifications that you receive
changes to your qualifications or professional license

The Immigration Act 1987 requires you to advise INZ of any changes to your cirumstances that may affect your application. Not adhering to this requirements may affect the outcome of the application and any further applications that you may make to INZ. This requirement remains in effect until your Residence Permit is granted by arriving in New Zealand

So, as per the above sentence (which is actually bolded in the letter), there shouldn't be any problem with applying for divorce. Hope this helps.

[Danger Mouse]

I think you're right about this, and your wife is thinking of the initial letter you get from INZ once your application has been approved. We had to notify them of our marriage before we got to NZ, but here's the actual relevant section from INZ:

CHANGES TO YOUR DETAILS

Although I have approved your application and issued your visa, it is still important that you tell me of any changes to your personal circumstances, such as:
change of marital status
change of address
any legal liabilities or disqualifications that you receive
changes to your qualifications or professional license

The Immigration Act 1987 requires you to advise INZ of any changes to your cirumstances that may affect your application. Not adhering to this requirements may affect the outcome of the application and any further applications that you may make to INZ. This requirement remains in effect until your Residence Permit is granted by arriving in New Zealand

So, as per the above sentence (which is actually bolded in the letter), there shouldn't be any problem with applying for divorce. Hope this helps.

That is awesome, thank you for posting that, just as I had thought. I shall contact my wife and arrange the next step in the divorce...

[ralf-nz]

(I've always believed that once you get residency and then IRRV, you are 'in' for as long as you want to be, unless you commit some dreadful crime and get your residency revoked.)

You haven't needed IRRV to be 'in' - PR only has been sufficient; IRRV is only necessary when leaving NZ and wishing to return

[Flutterby]

I'm not sure where i read it but i was under the impression that if our relationship ended i would have to return to my birth country.

[Danger Mouse]

I'm not sure where i read it but i was under the impression that if our relationship ended i would have to return to my birth country.

Interesting you have that impression, would love to know where you read it, as there is absolutely nothing I have found so far that indicates that is correct. I would assume that if that were the case, it would be clearly defined as part of the application process.

Oh sorry, just noticed you have a temporary work visa according to your sig. My wife has full IRRV, so I guess that the conditions are different?