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Thread: Applying for spouse as family category (Partner) visa

  1. #1
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    Default Applying for spouse as family category (Partner) visa

    Hi all,

    Some of you may know that i recently just got my blue resident visa sticker on my passport. I am not going to make my first visit anytime soon until like after March 2013. Mean time i am getting married in a month time and i plan to bring my wife over. A bit of background, me and my fiancee have been engaged for more than a year and finally about to be Mr. and Mrs. this Dec. We have been living together for more than a year as we have owned a house together with our names on it, also we have a joined name bank account.

    I've already up on INZ website and roughly know the process to do it and to apply for my partner, the processing center would be in INZ Singapore. Now what i want to ask is, would the process be simple and straight forward when i apply? How long will it take when i submit it? I have all the proof to show our relation ship is genuine. We will have our marriage certificate on December and i plan to apply resident visa(partner category) for my wife next year first quarter.

    Now is there anyone here who have been through this process or may be you know something that i should take note off. What i am doing now should be able to get my wife a resident visa right? I might go over to NZ first before she comes over though. If she gets the partner visa, will there be any difference from mine? Can she work also when she comes over to NZ? Any comments would be very much appreciated. Thank you.

    Cheers
    Last edited by barney; 5th November 2012 at 09:20 PM.

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    Quote Originally Posted by barney View Post
    me and my fiancee have been engaged for more than a year ...... We have been living together for more than a year as we have owned a house together with our names on it, also we have a joined name bank account.
    Good to hear the news, after your "beijing blues". Since you are tracking immi for such long, its unlikely u will not meet the requirements. Examples you quoted above already shows well informed planning.

    Somebody may confirm, whether it is necessary to validate your PR, before you can sponsor anyone or its not material at all. Also your partner's name will already be there in the files of INZ as engaged or de-facto status, which will further add support to your claim of partnership.

    All the best

  3. #3
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    I think you need to ask INZ what is the best way to go about this. As you have only just got your own Residence visa but it's not activated yet, this could make a difference to the procedure.

    But if you go ahead as you expect, with your wife applying for Residence as your partner under the family stream, she will have full Residence as soon as it comes through, just the same as your Residence, and she will have the right to work (at anything), or study, or start a business, or be a housewife, immediately upon arrival in NZ.

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    Quote Originally Posted by Kool_Kiwi View Post
    Good to hear the news, after your "beijing blues". Since you are tracking immi for such long, its unlikely u will not meet the requirements. Examples you quoted above already shows well informed planning.

    Somebody may confirm, whether it is necessary to validate your PR, before you can sponsor anyone or its not material at all. Also your partner's name will already be there in the files of INZ as engaged or de-facto status, which will further add support to your claim of partnership.

    All the best
    thanks, hopefully everything should be ok

    Quote Originally Posted by JandM View Post
    I think you need to ask INZ what is the best way to go about this. As you have only just got your own Residence visa but it's not activated yet, this could make a difference to the procedure.

    But if you go ahead as you expect, with your wife applying for Residence as your partner under the family stream, she will have full Residence as soon as it comes through, just the same as your Residence, and she will have the right to work (at anything), or study, or start a business, or be a housewife, immediately upon arrival in NZ.
    true, i have that doubt too. i did sent INZ Singapore an email about me dropping by INZ Singapore (since i will be visiting Singapore next coming Monday) and ask a few question about that, they told me this:

    "INZ does not provide immigration consultation."

    Ouch, all i wanted to ask was the best approach thats all. Don't think i can get their advice though. Do you think calling them will do?
    Last edited by barney; 6th November 2012 at 09:23 PM.

  5. #5
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    I wonder if the person who has been your CO might still reply to you? It could be worth a try.

    In any case, you might get a better reaction to asking a specific question, such as, 'Is it order for me to sponsor my partner for Residence when I am on a Residence visa which has not yet been activated?'

    HOWEVER, I've just been looking in detail at the INZ operational manual http://www.immigration.govt.nz/opsmanual/ going to Residence Family Categories F2 Partnership Category F2.10 Definitions, and I found this.

    F2.10.5 Definition of 'New Zealand resident' for the purposes of partnership category

    New Zealand resident means a person who:
    holds, or is deemed to hold, a current New Zealand residence class visa;
    The only limitations given further in that section are about people who have only got NZ Residence on the basis of having an Australian passport or Australian residence visa. So it looks as though HAVING the visa (and you have) does the trick.

    I wonder, is there any particular reason you are not applying for her Residence already, as you have the 12 months' evidence? I was thinking, it might be easier to deal with the formalities and any queries while you're both in the same place, and you'd have longer if you'd started now. And the actual marriage will not count heavily as evidence of partnership.

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    I wonder, is there any particular reason you are not applying for her Residence already, as you have the 12 months' evidence?
    Yes Barney, that thought had crossed my mind also. Any specific benefit of delaying the application ? It is always easy to attend to queries & provide additional/missing documents, when you are in your hometown than in an new city.

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    Quote Originally Posted by Kool_Kiwi View Post
    Yes Barney, that thought had crossed my mind also. Any specific benefit of delaying the application ? It is always easy to attend to queries & provide additional/missing documents, when you are in your hometown than in an new city.
    You mean apply for her now as partner (sponsor by me) visa? Can i do that now? Originally i thought of getting married first before i get her application in because i needed the marriage certificate to prove it we're legally married which i think it will be easier as we don't need to show them our past emails, photos and etc to show we're legal. If i can do it now by all means i'll get her application in but just thought that with a marriage cert it would be a lot easier. correct me if i am wrong though.

    F2.10.5 Definition of 'New Zealand resident' for the purposes of partnership category

    New Zealand resident means a person who:
    holds, or is deemed to hold, a current New Zealand residence class visa;
    I've read it numerous time and yes, it does say residence visa which i should be eligible but again the main concern here still is ive yet to activate my visa. That is why before i leave for NZ, i want to get her application in first and i can wait overseas. Should they need supporting docs, my wife can still provide them as she'll still be in her home country.

    I'll take your advice JandM and email my previous CO see if she's willing to clarify that statement for me. Will update here should i get a reply from her
    Last edited by barney; 7th November 2012 at 03:11 PM.

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    Quote Originally Posted by barney View Post
    You mean apply for her now as partner (sponsor by me) visa? Can i do that now? Originally i thought of getting married first before i get her application in because i needed the marriage certificate to prove it we're legally married which i think it will be easier as we don't need to show them our past emails, photos and etc to show we're legal. If i can do it now by all means i'll get her application in but just thought that with a marriage cert it would be a lot easier. correct me if i am wrong though.
    12 Month's of relationship needs to be demonstrated for the partner (in your context, partner of a PR holder) to be granted residence class visa. This is required whether or not you are married. If someone is falling short of 12 months, provisions are there to defer the decision on residency (instead of declining the application) & allow temporary entry if applied for.

    People from some culture (including my country of origin), tend be believe that Marriage is conclusive proof of genuine & legal relationship. And married couple enjoys superior social status & legal protection relative to couple having partnership but not legally married. But INZ in that sense is fair that --- all people have to follow same benchmark of 12 months of relationship. Even with marriage certificate, you will have to provide other evidences which you thought could be avoided.

    Since you already meet the criteria & will continue to meet the criteria even after marriage .............its your choice when to apply.

  9. #9
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    Yes, to what Kool_Kiwi said. Honestly, the marriage certificate has no special status among the other evidence. INZ want proof that a couple live together now, and have been doing for at least 12 months. Even couples who have been married for 15 or 20 years and have children together STILL have to prove to INZ that they have been living together for this last year, and still are. (Think about it - such a couple might have separated 10 years ago, but now both want to go to NZ, so could be telling a convenient lie to share their points.) You will certainly have to show all the evidence you mention - where you live, post coming for both of you to that address, shared finances, invitations in common, photos of where you have been together, etc., etc..

    Should they need supporting docs, my wife can still provide them as she'll still be in her home country.
    Yes, your wife will be there, but it is not always easy to stand in for another person. I'm remembering when my son first went to NZ, was applying for Residence sponsored by his NZ wife, and the INZ office in NZ lost one piece of evidence - for me, back in the UK, to get another copy for him, he had to get a notarized statement in NZ that he appointed me (identified by notarized copy of my passport, sent from the UK to be countersigned by him and notary in NZ, then sent back again) as his representative, to go and deal with this organization, and even then I had to 'camp' for half a day in their office to get to see the senior person who could deal with it.

  10. #10
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    Sent an email to my previous co and she said this

    I do not work with family stream applications however you could look at our website I have provided you with link

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

    I note that you have not yet entered NZ therefore your partner would only be able to apply for a temporary work visa to accompany you. You would not be eligible to sponsor a partner for residence until you have activated your residence visa – ie entered NZ on your resident visa.
    Looks like you guys are right. I need to activate my visa first before i can sponsor my wife over as partner. Else if i do it before i activate it, she will have to settle with a temporary work visa which isn't really what im after. I'll wait until i activated first then. This information should be useful for others too i think

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