URGENT: Kiwi girl pregnant to foreign national

[kiwi_bird]

Hello all,

I hope that someone knows someone who has been in a similar situation and can suggest to me as to what my options are as I cannot currently afford a lawyer nor find answers on any forums.

I have fallen pregnant to my partner ('partner' in the emotional sense, not legal sense, yet) while he was in NZ. I am a maximum of 4 weeks along, though probably less and have decided that even though unplanned, and the circumstances we find ourselves in, we will keep him/her. We have not been together long (in fact a very short time by most people's standards), however it is a serious relationship, which will include marriage once we are together again, this was the plan even before we found out about the pregnancy.

He has now had to leave the country due to an expired visa and we were originally planning for me to go to his country and live there for a little while (I would have supported myself from some of my savings), then to apply for him to come back on one of the partnership visas, preferably work ones as my job prospects are significantly better here than in his home country. If that was to be declined I would have stayed with him there though.

The pregnancy now complicates things in terms of, for example, paid parental leave and if I leave the country I will not be eligible since I only meet the 6month and not 12 month criteria (test) and leaving would nullify even that if I came back for the delivery. I don't think I can get that support over there since I would be there on a visitor's visa. Moreover I would be more or less alone throughout the pregnancy if he is not with me, which is a scary thought.

While we have photos, text messages, shared friends, we do not have shared proof of partnership, eg. we have not really lived together (except for the last 2 weeks of his stay, and stupidly forgot to keep food receipts), therefore no power bills, tenancy, food bills etc... to show...

Also in some of the partnership applications, it requires proof of stable income (eg bank statements) or similar for the partner resident in NZ, my work is currently on the rocks, meaning my proof would not look good to immigration.

He does have some family here but none of them are immediate relatives and as far as the baby and my knowledge of the process goes, he cannot apply for the parent-type visas until after the birth (but I could be wrong?)

I need my partner with me throughout the pregnancy (starting with all that happens in the first trimester) and then for the birth, both emotionally and physically, and as soon as possible since any stress of not having him here could harm my chances of a healthy pregnancy, especially worrying since I've had a history of stress induced ailments.

His work is not on the skills shortage list therefore a straight up work visa is not an option. There is slim chance of him getting the working holiday visa since the competition is enormous for those things.
He could come on a holiday visa perhaps, though it may appear questionable as to the genuine nature if he did that straight away since he only left very very recently. It's also an application process as there is no free travel agreement between the countries.

We need to be together soon as this is causing an enormous strain on me and my well-being (and that of the baby and his/her development). Does anyone have suggestions?

Thank you in advance for any help, advice or pointer you can offer!

PS. i am a newzealander

[JandM]

Congratulations, and ((())) for the life-changing situation you find yourself in.

There isn't a magic wand for this, that I can think of, that will let you have all your wishes. But it looks as though the partner-sponsored temporary work visa will cover quite a lot of them. http://www.immigration.govt.nz/migra...milystream.htm

To qualify for this, you are going to have to spend some time living together (and even a few weeks will be enough to start the process), collecting proof. You are probably right that your partner would not get another visitor's visa so soon after leaving. If he can't travel to you, you will have to travel to him, even if that means foregoing the paid parental leave. (When it comes to the point, you will work out ways of sharing parental duties - it's only very recently and in some countries that paid leave was even an option.) Wherever you do the provable living together - his country, your country, or another country - doesn't matter, as long as you collect evidence such as mail for each of you going to the same address, joint accommodation, etc.. If you decide that you are going to apply from abroad, don't forget to gather any proof you are going to need YOURSELF before leaving NZ, such as everything to do with your ID, and your police check.

This visa does not require him to show any proofs except that of partnership, and the health and character ones in common to all visas. It does not require anything of you, except character, and the sponsorship form (no financial element). http://www.immigration.govt.nz/migra...milystream.htm Once granted, the visa allows him to work at any job offered. With a short period of proof of partnership, they grant the visa for a shorter term than the maximum, but it can be renewed until you have got the 12 months' proof that will allow him to apply for Residence under the family stream. (But that is for later.)

NZ are very supportive towards genuine partnerships - they like their Kiwis to come home, and they let them bring their foreign partners in fairly easily. Partnership visas have the least amount of proof to be supplied, and have priority for processing.

[ralf-nz]

I probably would discuss this openly with WINZ and INZ. In addition you might want to get in contact with Citizens Advice Bureau or Legal Advice Bureau if available where you love.

[shawankit]

I would second ralf , talk to Immigration office as your circumstance is very different. I would also try checking with local MP office to take help to deal with immigration .

[JandM]

By all means, ask these other bodies. However, excuse me for doubting that there will be any special case scenario on the grounds of the pregnancy. I believe, remembering other cases where there was a baby expected, that this couple will still need to prove their partnership in the usual way before the father can get a visa. Think about it - partnerships are checked so as to eliminate cases where there is connivance for the purpose of gaining a visa. Even couples with 20 or 30 years of marriage behind them, and several children, still have to show proof that they have been living together for the last few months leading up to the visa application. To be blunt (and excuse me, this is meant generally, and not aimed at you, kiwi bird), there can be a pregnancy where there is NO personal, exclusive, involvement whatever between the parents, so INZ aren't likely to take that alone as a proof of partnership.

[kiwi_bird]

Hi again and thank you all for your replies. However big or small it any piece of advice or pointer has been received with gratitude.

I have an update on the situation, and as well as wishing to share the information should someone else find it useful I would greatly appreciate if someone could point me in the right direction as to further information I seek.
Since my last post a lot has happened:
1. We were planning on me going to his home-country by early to mid october. Unfortunately that was complicated as 3 days after my post above I had complications, was rushed to hospital and was in the process of a miscarriage which stopped me from confirming any travel details until I was clear of the danger of a potential ectopic pregnancy.
2. Mid october the final tests were done indicating that the pregnancy/miscarriage has ended. I immediately booked a ticket and within the week I was reunited with my partner.
3. Before arriving, (while I was still in NZ) I sought advice both from the immigration department and other sources on which visa we could be eligible for given the length of time. The ones that came up were the visitor's visa based on partnership and the temp entry work permit (for relationships less than 12 months in duration).
4. By the time we sent the application through we have lived together (although due to the visa issues leaving us in a financial struggle we cannot get a place of our own) for 5 weeks, 1 week in NZ and then 4 weeks more or less in his home country. We sent through records of our calls and duration, photos with family and friends, a letter explaining our relationship and plans for the future, joint bank account, a sample set of receipts from grocery shopping, a small sample of the 1000s of pages of chat messages while we were apart, letters from family and friends supporting the relationship, letter from the registrar at the hospital indicating i could not travel while i was being checked up, test results and times and dates of those results which coincided with chat conversations and skype calls (we would converse while i was waiting in the hospital for the results), we also ticked that we were engaged (which we are even though we never had an official party due to the circumstances) indicating in our letter that we were planning to get married early in the new year, etc... Receipt of application was confirmed on 19 October.
4. 1 week later I found out I was pregnant again (that would officially have meant about 6 weeks along (the way the doctors count it), and this information was not submitted with the application.
5. We enquired about the status of our application about a week and a half ago, and received a response that it's still in process. The response also came with a notice that the embassy to which we were applying is closing for good this year and that the 20th of October was the cut-off date for receipt of applications and for the decisions to be made before the closure (and not be sent to Washington, the embassy where all new applications go).
6. Today, 3 weeks and few days after our application was officially received we received our papers back, passport etc. The application was declined on the basis that physically we have not been together long enough, (ie. they excluded the 6 weeks apart as forming part of the relationship duration, through which we had daily phone calls, many lasting over an hour or more, messages, my partner's support throughout the miscarriage, etc).
7. The letter also states that there is "no statutory right of appeal, or reconsideration of this decision".
8. The subject of the letter reads: "OUTCOME: WORK VISA APPLICATION UNDER PARTNERSHIP BASED CATEGORY"

So, I have a few questions, in the hope that someone in these forums may be able to point me in the right direction:
1. Is #7 above a standard response or is there absolutely no way to appeal the decision whatsoever?
2. We applied for the "Partnership-Based Temporary Entry Visa" ticking "Work visa based on partnership". Is that the same as the one indicated in the subject line (as per #8)?

Finally, any further advice would be enormously appreciated. As I am a foreigner in my partner's home country, it costs a lot to have all the necessary checkups for the pregnancy, way more than we can afford and as I am unable to work here, again due to the reverse visa situation, we are left with one average salary to support the 2 of us plus the extravagantly high medical expenses.
It costs more still for me to have all the documentation to get married here (where the reverse for my partner is much cheaper/easier/takes less time).
If I leave now (my flight back is in 7 days, though for a fee I will have to change it) I am sure that that will further fuel the same type of response from immigration in any further application - that physically we have not been together long enough. catch 22 almost.
To top everything off my visitors visa here also expires in 1 month though I will have to ask for a 90-day extension but then I would reach my maximum and as there is no demand for my profession here a job offer is an unlikely scenario for a work visa.
Moreover I have a NZ student loan which will incur interest past the 180-or so day period allowed for absence from the country, but more importantly I will have to arrange to pay for it from here and without being able to work I cannot see that happening thus I risk more problems for me and my family upon return.
I could apply maybe for a working holiday visa but they ask that you are single and moreover I think it requires that you are not pregnant - and I don't fancy lying. Additionally, by law here, even if we wanted to do it, abortion is illegal (though it's not something we would consider, here or anywhere else).

Again thank you in advance if you are able to help with advice or pointers (with any of the above), or if you are just looking for information I hope that some of the information in this thread assists you somehow.

[JandM]

I'm posting to sympathise, although I've no idea of anything that will help in the short term.

I think the answer to your question 2 is that, yes, they do mean the same kind of visa.

All the financial and practical issues, which are important complications *for you two*, are unfortunately not going to mean anything to INZ or the other country's immigration service. The officials go strictly by their rules, and don't have any discretion to bend them - nobody can get a sympathy vote. To push through with this, the ONLY way forward is to continue collecting evidence that you are spending more time living together, and to reapply.

[kiwi_bird]

Thank you JandM,
your quick reply (and sympathies) is much appreciated. I feared as such. And that moreover they were not likely to take into account the emotional aspect of a relationship which is one of the key factors people get together, right?
Do you know how soon after declining the visa (and given the new information relating to pregnancy) they are likely to reconsider such a decision, given that their reason was the duration of the physical aspect of the relationship? (we have now gained almost 4 weeks on our previous application plus by the time they will look at the new application (even if we submit before christmas) in the new year, we would have gained another 3-4)?

Thank you again!

-----
a correction on my previous post, the date the receipt of application was confirmed is 19 november (not october)

[JandM]

And that moreover they were not likely to take into account the emotional aspect of a relationship which is one of the key factors people get together, right?

To be fair, they CAN'T. How could a government official be asked to judge the depth and genuineness of people's feelings? That could descend into something like drama criticism - ! So they've picked on the one aspect that can be quantified and proved - the two people sharing their home life. And they've got to tick enough boxes.

To the best of my recollection, there have been people on the forum who got one of these visas when they've shown proof of being together for only a matter of weeks - five weeks is sticking in my mind, though I can't point to who, and certainly people have gone through with two and three months. But that's without a gap in the togetherness, which you had in your first application. So is it right to say you had four weeks' proof on the first application? - then can add on an extra four to date, plus whatever time it takes to put a new application together? That would mean you might have 10 weeks, if you submit before Christmas. If that's right, and you REALLY go for it with the evidence (snow them under with all those things you said and more of the same), and add proof that you're pregnant, it has to be worth a try (I think).

[sophiedb]

hi there, and my sympathies and congratulations on what must be big roller coaster of a ride for you!

To my mind the simplest option would be a working holiday visa for him in either NZ or Australia, because you would be eligible for medical care in both countries. If you happen to have a European passport in your ancestry, the UK might also fit. Yes there is competition for these things, but all the more reason to spread your bets. One might come up trumps, though 2 of them would mean both of you living away from family.

Another thing I can't get out of my head is that in the US you will be put through far more tests and checks that any other country, probably more than are strictly necessary. This is mostly hearsay, but it seems that many Americans think of pregnancy as something requiring an obstetrician, whereas NZ, UK, Australia prefer the midwifery model. I know you've had complications already, and the cause of stress is obvious, but financial stress caused by medical demands being added to that - however good the arguments about why the tests and checks are necessary - isn't going to help.

Best wishes all round though, and hugs to you both.