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Thread: Partnership Visa Query

  1. #1
    Join Date
    Jul 2011
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    New Zealand
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    Default Partnership Visa Query

    Hey everyone, I had a few questions about the partnership visa and my fiance's eligibility for it.

    I met my fiance in 2009 and we started dating in October of that year. We started living together in February of 2010 and are both signed on the tenancy agreement for the flat we lived in. We stayed living together till November then I went with her to live with her parents for a month in Malaysia. We then came back and lived with my parents till February 2011. She then went back to Palmerston North for university and I stayed in Christchurch for my studies, we made serious efforts during this time to see each other whenever we had the opportunity and kept in frequent contact. We have all the following evidence that our partnership is genuine and stable and were wondering if it would be enough for her to either get a PR or get the visiting visa as I am able to financially support her.

    Engaged with the intent of marriage at a later date.
    Joint tenancy agreement for flat (Living Together)
    Provide evidence of letters, emails, and Skype/ MSN conversations for the period when we are apart (Living Together)
    Evidence of communication between parties (Genuine and Stable)
    Photographs of the parties together (Genuine and Stable)
    Documents indicating public recognition of the partnership (Genuine and Stable)
    Sharing of household activities (Genuine and Stable)
    Sharing of Companionship and Spare Time (Genuine and Stable)
    Sharing of leisure and social activities (Genuine and Stable)
    Presentation to outsiders as a couple (Genuine and Stable)

    Any comments would be appreciated

  2. #2
    Join Date
    Jun 2010
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    Ōtepoti, Aotearoa
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    Default

    I personally am not sure and would think it is up to the discretion of your CO. Apparently you managed the first threshold of having lived together for twelve consecutive months. You havn't broken up since but lived in separated locations; you weren't separated ad such. That seems to he positive in my eyes and worth pursuing. You might also just ask INZ about it before formally applying.

    Good luck!

  3. #3
    Join Date
    Feb 2008
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    37,824

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    Hello and welcome.

    You don't say, but it sounds as though you yourself are a New Zealander, or have Residence? One or other of those is necessary.

    Given that, though, on the question of your separation, you should be fine if you meet all the other criteria - see my bolding in this quote from the INZ operations manual. http://www.immigration.govt.nz/opsmanual/

    F2.20.15 Evidence of living together in partnership that is genuine and stable

    Evidence that the principal applicant and partner are living together may include but is not limited to original or certified copies of documents showing shared accommodation such as:
    joint ownership of residential property
    joint tenancy agreement or rent book or rental receipts
    correspondence (including postmarked envelopes) addressed to both principal applicant and partner at the same address.
    If a couple has been living separately for any period during their partnership, they should provide evidence of the length of the periods of separation, the reasons for them, and how their relationship was maintained during the periods of separation, such as letters, itemised telephone accounts or e-mail messages.
    Evidence about whether the partnership is genuine and stable may include but is not limited to, original or certified copies of documents and any other information such as:
    a marriage certificate for the parties;
    a civil union certificate for the parties;
    birth certificates of any children of the parties;
    evidence of communication between the parties;
    photographs of the parties together;
    documents indicating public recognition of the partnership;
    evidence of the parties being committed to each other both emotionally and exclusively such as evidence of:
    joint decision making and plans together
    sharing of parental obligations
    sharing of household activities
    sharing of companionship/spare time
    sharing of leisure and social activities
    presentation by the parties to outsiders as a couple.
    evidence of being financially interdependent such as evidence of
    shared income
    joint bank accounts operated reasonably frequently over a reasonable time
    joint assets
    joint liabilities such as loans or credit to purchase real estate, cars, major home appliances
    joint utilities accounts (electricity, gas, water, telephone)
    mutually agreed financial arrangements.

  4. #4
    Join Date
    Jul 2011
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    New Zealand
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    Default

    Quote Originally Posted by JandM View Post
    You don't say, but it sounds as though you yourself are a New Zealander, or have Residence? One or other of those is necessary.
    I am a New Zealand citizen by birth so I should be fine
    We have kept in touch through skype conversations, not too sure if those count. We see each other every couple of months for a few weeks which is the best we can do. Hopefully that doesn't lower my chances.

    Are you saying what I have in terms of evidence may be enough for a PR? or should we apply for the visiting visa first?

  5. #5
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    Jun 2010
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    Quote Originally Posted by DavidHansen View Post
    I am a New Zealand citizen by birth so I should be fine
    We have kept in touch through skype conversations, not too sure if those count. We see each other every couple of months for a few weeks which is the best we can do. Hopefully that doesn't lower my chances.

    Are you saying what I have in terms of evidence may be enough for a PR? or should we apply for the visiting visa first?
    You could have written it earlier: However, that reads good.

  6. #6
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    Feb 2008
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    If you have evidence of a full 12 months of living together - if - and if you can add, for instance, letters from family and friends saying that they consider you a couple, and know how you are visiting one way and the other (or other evidence that you are in contact, shown preferably through third parties, as well as e.g. printed off emails), then you could try for Residence straight off. If you can also prove the several weeks at a time when you get together, then don't forget, those add up, too.

  7. #7
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    Jul 2011
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    New Zealand
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    Quote Originally Posted by JandM View Post
    If you have evidence of a full 12 months of living together - if - and if you can add, for instance, letters from family and friends saying that they consider you a couple, and know how you are visiting one way and the other (or other evidence that you are in contact, shown preferably through third parties, as well as e.g. printed off emails), then you could try for Residence straight off. If you can also prove the several weeks at a time when you get together, then don't forget, those add up, too.
    Would the joint tenancy agreement for the flat, the flight ticket emails for the trip to Malaysia and a written document from her parents, and a written document by my mother where we lived after which added up to 12 months, be enough evidence for living together?

    Would emails, Skype and MSN conversations for the period when we were apart plus written documents from friends and family and flight tickets emails on our trips to see each other be enough evidence for how we kept the relationship going when we were apart?

    If so, I think she may initially apply for the visitor visa unless the PR is a sure thing. As the fee for a PR is $1,350 and a visitor visa is only $140. Plus if she obtains a visitor visa we can collect further information and maybe even be married by the time we apply for the PR.

    Any comments on this "plan" would be appreciated

  8. #8
    Join Date
    Feb 2008
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    I think (but I'm not INZ, of course, so my opinion isn't the last word) the evidence you've got sounds as though it would serve the purpose - it's what many people have had for their Residence. (Notice, the first stage forever visa isn't called PR any more - the names were changed last November. http://www.immigration.govt.nz/migra.../residence.htm) You could maybe add into the mix photos of you together, invitations to you as a couple, any financial arrangements in common (e.g. bank accounts, insurance policies), and mail addressed to you both.

    Of course it's up to you what you do about the choice of visa to go for. Notice, though, that being married is not any advantage over partnership for INZ purposes. I really can't see why you wouldn't get Residence straight off, and by going for that visa, you'd potentially save the $140.

  9. #9
    Join Date
    Nov 2011
    Location
    philippines
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    12

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    to david hansen:

    any news with your application? please share with us...

    thanks and cheers!

  10. #10
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    This forum member has not posted any more since this thread, so may not still be visiting the site to see your question.

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