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Thread: Work Visa under Family stream (Partnership - de facto) - Help!

  1. #1
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    Default Work Visa under Family stream (Partnership - de facto) - Help!

    Hi,
    According to some research i have done, i just want to make sure if i am right in my findings.

    My boyfriend and I have been together on a long distance relationship for about 3 years now and we are getting married here in NZ next year May. I am an NZ citizen and he is not. He lives overseas and i live here in NZ. We have only been able to visit each other a few times over the period for 3 weeks or less on each visit. So we have not been living together because it's against our beliefs and we have to get married first before we do that.

    So, since our marriage is planned for May next year, I want to sponsor/support him to come here and start working etc. Our EOI is taking forever because he doesnt have 140+ points (but >100) and it's been in the pool for over 4 months now. According to what i''ve found online from the immigration site, i find the following under temporary work visa:

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

    Joining your partner in New Zealand
    "If you want to join your partner in New Zealand and work, you may be eligible for a work visa under our Family Stream."

    And on the form "Form for Partners Supporting Partnership-Based Temporary Entry Applications" (INZ 1146), it states the following:

    http://www.immigration.govt.nz/NR/rd.../0/INZ1146.pdf

    ************************************************** ************************************************** ********
    About this form
    ‘Partnership-based temporary entry applications’ are applications made under the following instructions:
    • Partners of New Zealand citizens or residence class visa holders
    • Partners of holders of work or student visas
    • Entry to New Zealand for the purpose of a culturally arranged marriage.
    ************************************************** ************************************************** ********
    Genuine and stable partnership
    The principal applicant (the person applying for the temporary visa) and the partner (generally a New Zealand citizen, residence class visa holder, or holder of a current student or work visa) must be living in a genuine and stable relationship, unless the principal applicant is the intended partner applying to enter New Zealand for a culturally arranged marriage."
    ************************************************** ************************************************** ********

    So, based on the above criteria, is it possible for him to be able to get a temporary work visa under partnership because we are planning getting married in May? If so, what kind of evidence would i have to supply etc to show that we are planning to get married?

    Are there any other options we can take? He came here on a recce trip last year but no luck in landing a job offer to bump his points up for the EOI and we need to be together here in NZ but we cant take the risk of him moving here with no job.

    Thanks for anyone and everyone who is able to help!
    Last edited by meme; 23rd February 2012 at 08:21 PM.

  2. #2
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    Here is the section from the INZ Operational Manual covering culturally arranged marriages. You will know whether your situation comes under these rules, or not.

    V3.35.1 Evidence for people intending to enter New Zealand for the purpose of a culturally arranged marriage with a New Zealand citizen or residence class visa holder

    Immigration officers must establish (through interview and/or documentary evidence), and be satisfied that:
    there is a genuine intent to marry and that it is intended the marriage be maintained on a long term and exclusive basis; and
    the person the applicant intends to marry in New Zealand is a New Zealand citizen or residence class visa holder; and
    the marriage follows an identified cultural tradition where the arrangements for the marriage, including the initial selection of the persons to be married, have been made by persons who are not parties to the marriage; and
    the couple intend to marry within 3 months of the applicant's arrival in New Zealand; and
    in the event the marriage does not take place the applicant will leave New Zealand.
    The applicant must provide the Form for Partners Supporting Partnership-Based Temporary Entry Applications (INZ 1146) completed by their intended New Zealand partner confirming that:
    their intended partner supports the application; and
    their intended partner is an eligible partner under Partnership instructions (see F2.10.10); and
    that their intended partner complies with the minimum requirements for recognition of partnerships (see E4.1.30 and F2.15); and
    their intended partner meets the character requirements for partners supporting 'partnership-based temporary entry applications' set out at E7.45.
    Substantive evidence must be provided to demonstrate that the marriage follows an identified cultural tradition where the arrangements for the marriage, including the initial selection of the persons to be married, have been made by persons who are not parties to the marriage. Such evidence may include but is not limited to:
    communication between the parents of the couple, or a person acting as a go-between or matchmaker, or both;
    other documents indicating public recognition of the arrangement, or ceremony, or both;
    confirmation from independent sources that such arrangements or ceremonies, or both, are in accordance with the cultural custom of the parties concerned.
    http://www.immigration.govt.nz/opsmanual/i34382.htm

    If you don't qualify under this regulation, the only thing I can suggest you look at is as follows. Presumably it is all fixed for your partner to come over for the wedding - visitor's visa? Once you are married and begin living together, start to gather evidence of this IMMEDIATELY - you will see the kind of thing required on links from that page about partnership visas, and old threads on the forum here - and then after a few weeks, apply for a partner-sponsored work visa. Even just a few weeks' evidence will get you your first of these visas, which can then be renewed until you have the 12 months' partnership evidence that will qualify him for Residence as your partner. This way, he would have no need to prove any work qualifications, such as are required for the EOI, and the visa would be open, so he could take any job, not just one in line with his skills.

  3. #3
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    "that their intended partner complies with the minimum requirements for recognition of partnerships (see E4.1.30 and F2.15);"

    Isn't one of those requirements that you have lived together for the past 12 months?

  4. #4
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    For partnerships, yes, in the normal way, but this regulation quoted above is specifically for a situation where an arranged marriage is GOING TO happen, and there's no question in that culture of the couple moving in before the marriage. So the partner has to be all the other specified things (like, a citizen or Resident, show their police certificates, etc., and not a close relative), then they can get permission also to follow all the other regulations given. Do look at the operational manual itself if in doubt. This is a special case, not to be confused with normal partnerships.

  5. #5
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    Thanks JandM. I guess we dont qualify because there was no matchmaking and selection making business in our relationship lol i guess we just have to keep praying that his EOI be selected soon or that he gets a job offer as we are still hunting for jobs.

    Just another question, do you know if its common that people who have submitted EOI's with less than 140 but more then 120 points didnt get selected after 6 months and so had to re apply? Or does everyone eventually get selected before the 6 month period ends?

    And i dont understand why the working holiday visa is not permitted in his country (Fiji) ... seems like its only permitted to particular countries ... i guess the only other alternative is the silver fern visa but will have to wait till April ... waiting to apply for a work visa after we get married is too long so i guess we can try what we can while we wait till then. Thanks once again for your help!

  6. #6
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    In your 'I guess we don't qualify' para above, you are missing out what I said above about going for a partner-sponsored work visa, which you would be perfectly entitled to do, and gets round not having the highest number of points on the EOI - there is no qualification needed for this except the partnership itself, as soon as you can show it is genuine, which you can do with only WEEKS of proof to start with, then the visa itself gives you the means to work up to the 12 months' proof needed for Residence under partnership. http://www.immigration.govt.nz/migra...milystream.htm

    There are people who don't get selected within six months, but I don't know how many - it will vary with who else is applying during the six months and how well qualified they are.

    Working Holiday Visas are only allowed with countries which have made an agreement with the NZ government - so many of ours for so many of yours.

  7. #7
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    Hi JandM, i think i understand what you mean. I know he would be eligible for a partnered sponsored work visa AFTER we are married and as you said, we can apply for one just weeks after getting married, as long as we have proof etc. But what i would like is for him to be able to move here BEFORE we get married, preferably very soon, if not as soon as possible. That is why we have applied for EOI because that is pretty much the only choice i am aware of that we can take since work holiday visa is not available to his country and the silver fern is not available till April. Unless what you mean is that i can apply for work partnership right now eventho we're not married yet and dont plan to get married until May next year? I dont think i can do that cos we have never lived with each other and dont plan to till marriage.

    I guess if nothing opens up for us then i'll have to wait till May next year and apply for his partnership work visa once we're married like you suggested, right? I am looking for something that would allow him to come and work here NOW, not later. I hope that helps.

  8. #8
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    Oh, I see... No, I don't know of anything that will allow him to live and work in NZ before the marriage. If you're both very keen to be together earlier, could you consider marrying sooner? - if it's a big family celebration being planned for May of 2013, I suppose you could still have that, but as an extra blessing on the marriage. (I remember going to a wedding blessing in the UK, which was in all respects except a few lines of the service LIKE a traditional English wedding. The couple had actually been married in Australia the year before with the husband's family and friends present, and this was for the wife's family and friends to join in near her home.)

  9. #9
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    Yeah i was thinking the same thing too but from where i come from and with our culture, we only have one ceremony and we only do it once lol. But thank you very much for you help. I didnt know that he could apply for partnership work visa that soon after marriage. It's good to know. Once again, thank you so much for your help! I appreciate it!

  10. #10
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    Hi there,
    I have was introduced to a lovely gentleman by a co.worker two years ago, we been chatting on line since then we finally met in person but I only pens two week on his country during that we had an engagement party , it was love on the first sight. Now I would like to bring my partner home to NZ, I am in a process of applying for a visa for under-cultural based application. This is because it was my co-worker who set us up. Have spoken to family and support him, please help on what to expect and what evidence they will expect us to provide ?
    Sorry I new here l am not sure if place this question in the right forum, if not please accept my apology

    Cheers

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