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Thread: Permanent resident Visa

  1. #1
    Join Date
    Nov 2012
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    new zealand
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    Default Permanent resident Visa

    hi,
    i was granted resident permit and returning resident visa(valid for 2 years) 3 years ago under partnership with my nz citizen partner. unfortunately we are not together any more. can anyone please tell me if it will effect my eligibility to apply for Permanent resident visa ?
    thanks

  2. #2
    Join Date
    Jan 2008
    Location
    Tauranga, Bay of Plenty
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    996

    Default

    I recently completed mine and there were no questions relating to the partnership i came over on although yes we are still together. It doesnt make any difference as far aw i am aware. Download the form off the nz immigration site and submit.

  3. #3
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    Nov 2012
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    new zealand
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    Default

    Hi Catt,
    thanks for your suggestion. i have downloaded the form and you are right there are not any question regarding partnership although there are questions like 1) material status i.e, single , divorced or separated. 2) is your partner a NZ citizen 3) are you living with your partner and 4) your immediate family members name including your partner.
    I am bit confused over what should i write in these section? will ticking separated in my relationship status will affect the outcome of my permanent resident visa, since i was granted my resident permit under partnership with NZ citizen?
    any suggestion would be great.
    Thanks

  4. #4
    Join Date
    Feb 2008
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    37,835

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    This page http://www.immigration.govt.nz/opsmanual/30505.htm from the INZ operations manual shows you the grounds for grant of a permanent residence visa, in great detail, and there is NO mention of partnership at all.

    The thing is, a person can qualify for Residence in various ways, but once they have qualified, the Residence they get is the same, and the reasons they qualified are in the past. From the time you get the blue sticker in your passport, you're subject to THESE regulations for the next (PR) stage, not the reasons you got Residence in the first place.

  5. #5
    Join Date
    May 2012
    Location
    nz
    Posts
    4

    Default Resident visa to permanent

    Quote Originally Posted by JandM View Post
    This page http://www.immigration.govt.nz/opsmanual/30505.htm from the INZ operations manual shows you the grounds for grant of a permanent residence visa, in great detail, and there is NO mention of partnership at all.

    The thing is, a person can qualify for Residence in various ways, but once they have qualified, the Residence they get is the same, and the reasons they qualified are in the past. From the time you get the blue sticker in your passport, you're subject to THESE regulations for the next (PR) stage, not the reasons you got Residence in the first place.
    Hi JandM
    Sorry for the dumb question, does this mean that I can still apply for permanent residency after 2 years from getting partner sponsored residency if I'm separated from my partner? Can I not include partners's passport pictures since we're no longer together? (The form asks for partner's passport pix)
    Thx

  6. #6
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    Feb 2008
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    Default

    What form is it you have got?

  7. #7
    Join Date
    May 2012
    Location
    nz
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    4

    Default

    Quote Originally Posted by JandM View Post
    What form is it you have got?
    Here's the form: inz1175 - im referring to section c
    http://www.immigration.govt.nz/NR/rd.../0/INZ1175.pdf

    Conditions on the residency visa: visa is invalid if holder is outside nz with expired travel conditions. Please apply for transfer of this visa when the passport expires.

    Thanks for the prompt reply JandM

  8. #8
    Join Date
    Feb 2008
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    Ah, I see where the confusion is.

    YOU applied for your Residence. Your partner didn't - he just sponsored you, and he's not applying for PR now. And the top of section C says, "Only people included in the original resident visa application may be listed here."

  9. #9
    Join Date
    May 2012
    Location
    nz
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    Quote Originally Posted by JandM View Post
    Ah, I see where the confusion is.

    YOU applied for your Residence. Your partner didn't - he just sponsored you, and he's not applying for PR now. And the top of section C says, "Only people included in the original resident visa application may be listed here."
    So my understanding is that, even if i tick separated, i can still be granted permanent visa right?

  10. #10
    Join Date
    Feb 2008
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    That is my understanding of these regulations, too.

    INZ seem to be very understanding that partnerships come and go. If there was somebody who had a visa like yours, and had since separated from their partner, but HADN'T qualified for PR, there's another regulation that says they're entitled to extend their travel conditions or extend their residence. And you're a whole step better qualified than that.
    RV1.20.1 Non-principal applicants who are partners

    The partner of the principal applicant is eligible to be considered in their own right for variation of travel conditions or a new residence class visa if the following events occur:
    the partner and the principal applicant become divorced or separated; or
    the partner is granted a non-molestation or protection order against the principal applicant; or
    the principal applicant is convicted of an offence against the partner or a dependent child;
    the principal applicant dies; or
    the principal applicant has obtained New Zealand citizenship.
    http://www.immigration.govt.nz/opsmanual/45650.htm

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