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Thread: Help! Work Visa under partnership

  1. #1
    Join Date
    Feb 2011
    Location
    New Zealand
    Posts
    12

    Default Help! Work Visa under partnership

    Hey guys, just a question about work visa under partnership.

    Im a NZ citzen and my partner is from overseas. He came to NZ last year on a working Holiday & we have been together 7 months. He is back home at the moment and left just before xmas, and because his visa was due to expire. We are still in a relationship and im hoping he can come back under the working (partnership) visa. While he has been away I found out I was pregnant, and I am hoping he can come back for the birth and be here with us etc.

    Now I know the requirements for a partnership visa is that we have had to be living together , which we didnt , do you think we would still have a possible chance of still getting the visa?? the only factor is that we didnt live together, but I did write in the letter about our relationship why we didnt live together.But when he returns we will be living together with my family.

    The only evidence we have of our relationship are:

    Photos
    Joint Bank account
    Support letters from friends
    Letters from the both of us
    Communication between us via msn & emails while we have been apart.
    Proof of my pregnancy

    I dont know if this will be enough but yeah any advice would be great

  2. #2
    Join Date
    Sep 2009
    Location
    Auckland, NZ
    Posts
    119

    Default

    Haven't been in your situation myself, but have you considered applying for a temporary work permit or visa for your partner? From what I've understood (and someone please correct me if I'm wrong), you can get that for upto 12 months even if you haven't been in a relationship for a whole year, and can then go on to apply for a more permanent visa once you meet the conditions?

    Hope it all works out for you, and cogratulations on your pregnancy.

  3. #3
    Join Date
    Jan 2011
    Location
    United Kingdom
    Posts
    119

    Default

    Hi, that is my understanding as well. If your partner can enter under a temporary visa then once they are in NZ they can apply under the Partnership Temporary entry. As you have been together less than a year they will likely only be given an initial year on their visa but could then apply for full residency under partnership later on.

    Good luck with everything.

  4. #4
    Join Date
    Feb 2008
    Posts
    37,822

    Default

    Hello and welcome.

    Here's the necessary information about partner-sponsored temporary work permits. http://www.immigration.govt.nz/migra...milystream.htm

    I think the hitch may still be that you haven't yet lived together, as that is a basic of the 'partnership' definition. But maybe you could go to join him for a few weeks, if it proves to be a problem? Even a small amount of time that you can prove has been enough to satisfy the requirement for other forumites.

  5. #5
    Join Date
    Feb 2011
    Location
    New Zealand
    Posts
    12

    Default

    Hey everyone, thanx for your responses. While he was here in New Zealand, he wanted to get a work visa, he spent alot of time looking for a job, he had a few responses but they asked him if he had a permanent residence which he didnt have. so his hope was lost on that. we considered brining him bakc on a tourist visa, but he dosent want to come back as a tourist because he cant work & he wants to work and his main priority now for him is to work and provide for his new family. so our only shot really is the temporary work visa under partnership, Im also worried about the not having lived together part, but im really stuck on what we can do about that.

  6. #6
    Join Date
    Feb 2008
    Posts
    37,822

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    As he's eligible to come back in on a tourist visa, he could immediately clock up the proof of living with you, and THEN start the application process for the temporary work visa. It's commendable that he wants to work straight away, but it might be a matter of holding onto his provider's pride for a few weeks in order to kick-start the official process properly.

    (If he can't get the temporary work visa because of lack of the qualifying 'living together' proof, it ISN'T a shot at all.)

  7. #7
    Join Date
    Feb 2011
    Location
    New Zealand
    Posts
    12

    Default

    Thanx i guess we might have to do that

  8. #8
    Join Date
    Feb 2011
    Location
    New Zealand
    Posts
    12

    Default

    I called immigration and explained my situation and they said we had 2 options visitors visa under partnership and work visa (temorary) under partnership, i stressed to her that we hadnt lived together when he was here, and was concerned and asked her if thats ok and she said it was fine and that alot of people dont live together...just as long as we can show we are genuine...ughhh im sooo confused :s

  9. #9
    Join Date
    Oct 2006
    Location
    Waterloo, Lower Hutt
    Posts
    505

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    That certainly is a very pragmatic response for Immigration, though different staff can have different views.
    Based on my discussions with Immigration living together is a requirement they place a lot of focus on. From memory they also ask you to explain any absences or special circumstances you may have (e.g. cultural or religious); so possibly the person you spoke to used their using their discretion to accept in principle your situation.

    Hopefully the application process goes smoothly for you

  10. #10
    Join Date
    Feb 2008
    Posts
    37,822

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    Sorry to be picky, when what has been said to you by this one employee at INZ is just what you want to hear, but...

    Here are some quotes from INZ's operations manual http://www.immigration.govt.nz/opsmanual/, the instruction book by which they function. I SERIOUSLY would doubt the information you've been given, and query it again with someone else, in the light of the very clear rules set out here.

    E4.1.20 Definition of 'partner'

    See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 4, reg 20

    For the purpose of inclusion in an application, or where a person otherwise relies on such a relationship for the purpose of obtaining a temporary entry class visa, 'partner' means:
    a person who is legally married to; or
    a person who is in a civil union relationship (whether opposite or same sex) with; or
    a person who is in a de facto relationship, (whether opposite or same sex) with
    a principal applicant in an application for a temporary entry class visa; or
    a person who is a New Zealand citizen or residence class visa holder; or
    a person who is an applicant for, or the holder of a student, work, or military visa; and
    they are in a genuine and stable partnership (see E4.5.1).
    Despite the definition of partner contained in regulation 4 of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, references to 'partner' in temporary entry instructions mean 'partner' as defined in (a) above.
    E4.5.5 Evidential requirements

    If a partner or dependent child is included in an application, or is applying in their own right as the partner or dependent child of a student, work or limited visa holder, evidence of their relationship to the principal applicant or student, work or limited visa holder must be provided in the following form:
    for partners,
    evidence of their relationship and evidence that demonstrates they are living together with that partner in a genuine and stable partnership at the time their application is made. (F2.20 sets out the types of evidence that are required);
    F2.20 Evidence

    Evidence supporting an application under Partnership Category for a residence class visa should include as much information and as many documents as are necessary to show that:
    the principal applicant's partner:
    is a New Zealand citizen or resident (see F2.10.5); and
    supports their application for a residence class visa under the Partnership Category; and
    is eligible to support an application under partnership instructions ( see F2.10.10); and
    the principal applicant and their New Zealand citizen or resident partner are living together in a partnership that is genuine and stable.
    Factors that have a bearing on whether two people are living together in a partnership that is genuine and stable include but are not limited to:
    the duration of the parties relationship;
    the existence, nature, and extent of the parties' common residence;
    the degree of financial dependence or interdependence, and any arrangements for financial support, between the parties;
    the common ownership, use, and acquisition of property by the parties;
    the degree of commitment of the parties to a shared life;
    children of the partnership, including the common care and support of such children by the parties;
    the performance of common household duties by the partners; and
    the reputation and public aspects of the relationship.

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