Kiwi Hubby Leaving NZ - am I allowed to stay here without him on partnership visa?

[timetogo]

We're thinking of jumping ship to Oz. After the upheaval of moving from UK to here in Dec 2010 we want hubby to go first to get job sorted, rental house etc and me and the two kids (both kiwi citizens) will follow in a couple of months.

Does anyone know off hand if I'm allowed to stay in NZ without him? I'm on a two year partnership visa (PR).

Thanks

[JandM]

You have Residence. You could stay for ever. Being his partner was what qualified you for it, but once it's granted, it's yours, unless you let it lapse, see my next point.

A thought - at the moment you have Residence, with travel conditions. If in the future you want to be able to come back to live in NZ - or you MIGHT want to at some time, given that the rest of your family are citizens - it may be worth making sure that you stay in the country long enough to fulfil the conditions for getting Permanent Residence without travel conditions at the end of two years. You need to have spent at least 184 days in NZ, during EACH of the two 12-month periods leading up to applying, and you can only apply two years after activating your visa (so, in December of this year, I presume). http://www.immigration.govt.nz/migra...teps/apply.htm

[Jo Jo]

timetogo, have you applied for a visa to go to Australia already? If not, this may affect your plans as I've heard they can take some time to process.

[timetogo]

Thanks for quick responses. That's good news J&M. I came here early December 2010 on a 2 year temporary work visa (through partnership category) as my Residence Visa didn't come through in time for us leaving the UK. Although Residence Visa got approved in principle Jan 2011 I didn't get blue sticker until 7 July 2011 (and as I was already in NZ assume it would have been activated that day?). I'm assuming (once again!) that means I'll need to stay until around about July 2013 to be eligible for residence regardless of the fact I'd have done 184 days per year for 2 years by this coming July as the first 6 months were on my temp visa and wouldn't count and my travel condtions are still valid for another year? My eldest is due to start school here in July and I'd rather make the move before then as I don't want him being moved from school to school. A bit silly to lose the PR for the sake of a year I know and although I'll probably regret it I'm one of those people that once I've got an idea in my head I want it to happen as quickly as possible!

At Jo Jo... I'll be applying for 5 year work visa 461 - specifically for partner's of kiwi citizens. Aussie Immigration website says it takes 2 to 3 months so that timing should work fine for us.

[JandM]

and as I was already in NZ assume it would have been activated that day

Yes.

the first 6 months were on my temp visa and wouldn't count

Yes.

Obviously, the rest of it is your business to decide upon. I didn't want to think you might have wasted the money you spent getting Residence in the first place without realizing.

BTW, 'don't want him being moved from school to school' - this can happen for all sorts of reasons even when moving country is not in the parents' plans at all. (I went to five different schools in my time, due to one house move, a school closure, a change in the transport system, then getting to secondary age.) And anyway, not wishing you problems, but how do you KNOW that the first school he goes to will suit him better than any other? - with all the best efforts in the world, nobody CAN know that till they and the child are into the experience. Whenever there has to be a move, decent teachers are very used to easing the way when they get a newcomer, and if the parents don't talk about it as if it were the end of the world, the child will accept moves as just a normal part of life.