Husband entering on tourist visa while I enter on WTR?

[trundlebunny]

Just wondering if anyone has experience of this.

My WTR application has been approved but my husband has been referred to the MA. There is no way his condition will cost the NZ health service more than $25k so we are not concerned on that front, it is just the time delay. We booked our flights a little while ago (on the basis that we could change the dates and pay the fare difference would be no worse off than booking at the last minute) and our departure date is fast approaching. We have been trying to come up with a plan B that allows us to leave on our intended date so I can make my agreed start date with work and save us £££ on not changing flights.

Our thinking is that if his visa is not through, we request his passport back from INZ and depart as intended. We also book him a ticket back out of NZ (probably to Australia) for some point a couple of months after we arrive so he can evidence onward travel (as a UK citizen he can spend up to 6 months in NZ on holiday). If questioned we will be quite open and say that he has come over on holiday to help me look for a house / car etc but will leave again if his visa is not processed - which is the truth. We also have 8 nights of holiday arranged en route to NZ which is another reason why we do not want to go separately.

Clearly he will not be able to look for jobs and he would have no intention of doing so, he also would genuinely leave the country if his visa was not processed in time (we are also applying under SMC so have absolutely no intention of breaching any visa conditions). Once approved, he can either courier his passport back to the UK or possibly get it issued in NZ.

Does anyone have any experience of doing similar and immigration's attitude towards this? We would prefer to be honest and upfront but if they are going to be funny about it, presumably, if he was to go in a different queue to me at the border, they would have no reason to think he was anything other than there on holiday. Providing evidence of funds would not be an issue if they wanted it.

Any thoughts or experiences greatly appreciated.

Thanks!

[IanW99]

...
Our thinking is that if his visa is not through, we request his passport back from INZ and depart as intended. We also book him a ticket back out of NZ (probably to Australia) for some point a couple of months after we arrive so he can evidence onward travel (as a UK citizen he can spend up to 6 months in NZ on holiday). ...

Whilst what you suggest may work, please be aware that it is fraught with problems.

The first problem that you have is that now that your husband has applied for a visa, he must meet standards of good health which he doesn't - until he has passed the MA. see Refusal of a visa. There has been someone else on the forum who hit this issue.

The second problem is that it isn't acceptable to just book a outward bound ticket from NZ, you must book to a location where you can reside permanently. Just going to Oz isn't good enough unless of course you have a visa to remain in Oz permanently. Now as it is the airlines that will be fined if they allow your husband to board the plane to NZ without a suitable outward bound ticket, you can expect them to check.

Ian

[trundlebunny]

Rats.

Thanks Ian, very helpful and valid points - not ones I wanted to hear but better to know now than find out at the airport!

On to plan C.......................

[Sun777]

Rats.

Thanks Ian, very helpful and valid points - not ones I wanted to hear but better to know now than find out at the airport!

On to plan C.......................

You may want to speak to your Case Officer and explain the situation.

In our case, our PR application was under process while I was working in UK (OH was referred to MA) and I had a job offer from NZ. When I spoke to our Case Officer, she suggested that I could apply for Work Visa (excluding my wife) in that application and later on she applies for Visitor Visa to enter NZ. Perhaps it will help if you speak to your CO as well. All the best!

[trundlebunny]

Thanks Sun777

As it happens, against all odds his visa was approved yesterday. For whatever reasons the CO didn't feel the need to refer him back to the MA following the change in diagnosis. Phew!

Had this not been the case then yes, I think we would have definitely spoken to our CO on the grounds that we had nothing to loose by asking.

Thanks guys!

[G-Mo]

The second problem is that it isn't acceptable to just book a outward bound ticket from NZ, you must book to a location where you can reside permanently. Just going to Oz isn't good enough unless of course you have a visa to remain in Oz permanently. Now as it is the airlines that will be fined if they allow your husband to board the plane to NZ without a suitable outward bound ticket, you can expect them to check.

The above information is completely inaccurate.

Proof that you plan to leave New Zealand

You will need to show us that you intend to leave within the period of your visa. For example:
- travel tickets (confirmed or open-dated) out of New Zealand to a country which you have the right to enter; or
- written confirmation from an airline or travel agency that onward travel has been booked and paid for; or
- evidence of sufficient funds to purchase a ticket to a country which you have the right of entry.

http://www.immigration.govt.nz/migra...isit/visitors/

Note: "Right to enter/right of entry" includes as a tourist.

I know this doesn't matter now to trundlebunny (congratulations!!), but I thought I would clear that up for anyone else who stumbles upon this thread.

[dede]

Congratulations! What a relief for you both.

[Sun777]

Wonderful news !! Congrats and all the best with planning & journey ahead !!

[IanW99]

The above information is completely inaccurate.



http://www.immigration.govt.nz/migra...isit/visitors/

Note: "Right to enter/right of entry" includes as a tourist.

I know this doesn't matter now to trundlebunny (congratulations!!), but I thought I would clear that up for anyone else who stumbles upon this thread.

When you say the information above is completely inaccurate, what do you find inaccurate?

Whilst you are correct that right of entry includes as a tourist, you have to be a bona-fide tourist and one condition of this that they may check is that you have an outward ticket just as they do if you want to enter NZ.

There have been other posters on this forum who were denied check-in to board their plane until they could prove onward travel to a country that they were allowed to legally reside in.

I'm not saying that you can't try this approach, just that regardless of whether it is 'legal' or not, you may be denied at check-in.

Ian

[G-Mo]

When you say the information above is completely inaccurate, what do you find inaccurate?

Everything.

You do NOT have to have an onward ticket to a location where you can reside permanently.
You do NOT have to have a ticket at all, just proof of funds to buy an onward ticket.

Until recently, wife worked for QANTAS, previously worked for QANTAS UK, previously worked for QANTAS NZ, and was in a senior position dealing with these sorts of things.