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Thread: Partner residence vs partner work visa

  1. #1
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    Default Partner residence vs partner work visa

    Assuming that your partner is a NZ citizen/resident, and you have lived together for over a year... is there any reason anyone would need to apply for a partner work visa instead of going directly for partner residence? Is there any difference, such as perhaps partner work visas are more easily approved, or approved quicker, etc?

    Also, I've read a lot on these forums about partner visas needing to 'tick all the boxes' - do they literally mean all, or is cohabitation the most important one? I don't know if we satisfy all the requirements. We have lived together for more than a year, but don't have joint bank accounts (we could make one now, but would that help?). We have some joint bills (telephone), but no joint assets. We have some pictures and bookings of previous vacations together, but not many. As for proof of public recognition of partnership, what exactly does that mean - we need to ask mutual friends to write letters declaring that they believe us to be a genuine couple? Also, how are you supposed to 'prove' that you're in an 'exclusive sexual relationship'? I can think of some ways, but I doubt immigration would be too happy with them, haha.

    Given those circumstances, do you think it would be worth it for us to try applying for partner residence? Or should we give it more time while making sure we collect more evidence? Would it help to apply for partner work visa first? Does it matter if my partner is a 'resident' but not yet a 'permanent resident'?
    Last edited by elswyth; 18th July 2012 at 10:00 PM.

  2. #2
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    Hello and welcome.

    is there any reason anyone would need to apply for a partner work visa instead of going directly for partner residence?
    No, it's fine to go straight for Residence. As far as I'm aware, the proof factors are very similar, and the only difference from a work visa application is the length of time you can prove.

    do they literally mean all, or is cohabitation the most important one?
    Definitely cohabitation is the most important proof of partnership, then the mutual support and joint responsibility. All the other things are just different possible kinds of evidence. Just about nobody can put up something under ALL the headings suggested.

    As for proof of public recognition of partnership, what exactly does that mean - we need to ask mutual friends to write letters declaring that they believe us to be a genuine couple?
    Pretty much. When my son was going through this, I, and a family friend, wrote letters about when we first met his by then wife (a NZer), things we knew about her (proving that we really knew her as a person), occasions she'd joined in with as a member of the family - both letters entirely chatty and personal, giving circumstantial evidence of our being real people who really knew her - and her father and a family friend in NZ did the same about my son.

    Another thing you might have is letters addressed to each one of you, at your joint home, over the last 12 months - if you've got things from anything official such as the Inland Revenue, banks, insurance companies, utility bills, etc., who have you, each, living at that home, this is good proof that you really live there.

    With a reasonable spread of such things, you can probably satisfy INZ for Residence. They may ask supplementary questions, but that's something to react to as/if it happens. They have even been known to make home visits and/or interview a couple, but basically, they are very much 'for' genuine people in a partnership.

    Does it matter if my partner is a 'resident' but not yet a 'permanent resident'?
    Being a Resident is fine. You'll find quite a lot of old mentions of PR, though, for instance on old threads on this forum, because INZ changed the names of things, but don't worry.

  3. #3
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    Quote Originally Posted by JandM View Post
    No, it's fine to go straight for Residence. As far as I'm aware, the proof factors are very similar, and the only difference from a work visa application is the length of time you can prove.
    Hi, thank you! What is the advantage of applying for a work visa then? Since I see people on these forums applying for that even though they have lived together for over a year. One that I can think of is that maybe if you want to stay in NZ, you can extend your stay with an application for a work visa first, since residence applications don't grant interim visas? Also why is it that partner residence applications take longer? I read that partner work visas take about 4 weeks to decide and partner residence takes 6-18 months. Would that be about right?

    Definitely cohabitation is the most important proof of partnership, then the mutual support and joint responsibility. All the other things are just different possible kinds of evidence. Just about nobody can put up something under ALL the headings suggested.
    Great.

    Pretty much. When my son was going through this, I, and a family friend, wrote letters about when we first met his by then wife (a NZer), things we knew about her (proving that we really knew her as a person), occasions she'd joined in with as a member of the family - both letters entirely chatty and personal, giving circumstantial evidence of our being real people who really knew her - and her father and a family friend in NZ did the same about my son.
    Would it make a difference if we got the letters from mutual friends instead? Would prefer immigration to not contact our family at all, as we have tenuous ties with them.

    Another thing you might have is letters addressed to each one of you, at your joint home, over the last 12 months - if you've got things from anything official such as the Inland Revenue, banks, insurance companies, utility bills, etc., who have you, each, living at that home, this is good proof that you really live there.
    Yes we do have those. Though I need to make my partner start keeping his instead of throwing away...

    With a reasonable spread of such things, you can probably satisfy INZ for Residence. They may ask supplementary questions, but that's something to react to as/if it happens. They have even been known to make home visits and/or interview a couple, but basically, they are very much 'for' genuine people in a partnership.

    Being a Resident is fine. You'll find quite a lot of old mentions of PR, though, for instance on old threads on this forum, because INZ changed the names of things, but don't worry.
    Thank you for all your advice.

  4. #4
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    Quote Originally Posted by elswyth View Post
    Hi, thank you! What is the advantage of applying for a work visa then? Since I see people on these forums applying for that even though they have lived together for over a year. One that I can think of is that maybe if you want to stay in NZ, you can extend your stay with an application for a work visa first, since residence applications don't grant interim visas? Also why is it that partner residence applications take longer? I read that partner work visas take about 4 weeks to decide and partner residence takes 6-18 months. Would that be about right?
    I'm not sure - I certainly never considered a partner work visa, but they're certainly useful for partners of non-Kiwis who have a temporary visa also

    My partnership PR came through in about 9 months, and most of that time was the needed to bounce info back and forth with the medical assessor (to prove I'm no longer cancerous). Some lucky people get theirs within 2 weeks!

    Quote Originally Posted by elswyth View Post
    Would it make a difference if we got the letters from mutual friends instead? Would prefer immigration to not contact our family at all, as we have tenuous ties with them.
    Not sure about NZ immigration, but we asked several mutual friends to write formal statutory declarations (witnessed by a JP or notary) when we applied for my Aussie visa, many moons ago. NZ should have something similar.

    Quote Originally Posted by elswyth View Post
    Yes we do have those. Though I need to make my partner start keeping his instead of throwing away...
    Definitely. Bureaucratic evidence of cohabitation is very handy!

    Best wishes

  5. #5
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    Would it make a difference if we got the letters from mutual friends instead?
    That's fine, and/but I have a feeling that it may help if you can dig up some people to write letters for you who have a bit of weight in the community - not saying that your friends haven't. I'm thinking like this - if e.g. the local doctor who's been in practice in the area for years, or somebody with a civic position, will testify for you, these are people who are automatically trusted.

    Yes we do have those. Though I need to make my partner start keeping his instead of throwing away...
    For preference, have something from 12 months ago, then at intervals since. You're trying to prove you were already together at the beginning of the last twelve months, have continued living together, and still are.

  6. #6
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    Hey guys,

    Still collecting information... there's a whole LOAD of correspondence tucked away there! Wonder if I should pick and choose or just send the entire sheaf of papers to them? Could I send it to them inside a multi-section file just for clearer organization?

    The Family Stream applications page says

    Your partner is a New Zealand citizen or resident
    You must show that you are living together with your partner in a genuine and stable relationship at the time the application is made. Your partner must:
    be eligible to support your application under our Partnership category within 12 months of your intended date of arrival in New Zealand
    What does the 'within 12 months' mean? If he has received Residence less than 12 months ago is that okay?

  7. #7
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    I think it means that if you were applying when you'd only been living together for, e.g., one month, then you'd only be eligible for a short work visa, and renew it and renew it up to a total of 12 months (as long as you were still together), by which time they'd expect you to apply for the Residence visa.
    If he has received Residence less than 12 months ago is that okay?
    No problem as long as he fits with the regulations. See F2.10 here. Residence » Family Categories » F2 Partnership Category » F2.10 Definitions http://www.immigration.govt.nz/opsmanual/

    About the correspondence, you need to cover the spread of your 12 months, so choose enough to show you were both there every month or two for the whole of the time - no need to bury the CO! They can always ask for more if they want it.

    And the word is, it's best not to send any files or folders, because of the extra bulk to be accommodated in the offices if every applicant did it. Many people talk about having done a cover letter with a kind of index to the papers they're giving in evidence, arranging them in order as to how they relate to the application form, numbering each paper, and describing what each one proves. (You can always put a big elastic band round the bundle.)

    Are you going straight for Residence, in the end?

  8. #8
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    I think I will if my current temporary visa will allow me to stay in NZ long enough for the residence application to be processed, since residence applications don't allow me to remain here. Depends on how long the residence application will take I guess. If I submit once for a work visa, can the same proof of partnership be used for the residence application?

  9. #9
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    If I submit once for a work visa, can the same proof of partnership be used for the residence application?
    In general, yes. I don't know how it would work if you were trying to apply for two kinds of visa at once, though. It might be a good idea to go into an INZ office and tell them what you have in mind (i.e., from what you're saying here, you want to go for Residence, partner sponsored, but you don't want to have to leave the country, so you wonder if you might need to go for a partner-sponsored work visa because of the time factor). Could be someone will helpfully wave a bureaucratic magic wand and tell you exactly what to do, in what order.

  10. #10
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    Thanks for all the help. Just one more thing... when he applied for residency last year, he didn't declare me as a partner, because we hadn't been living together for a year yet at the time of application so we thought I didn't qualify as a 'partner' in legal terms. Will that pose a problem? Do you think it would help my chances at all if we got an immigration advisor to work with us?

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