Best Option: Student Visa Expiring Soon

[jannah]

Hi all,

I'm hoping someone could shed some light on what is the best option for me in terms of visa applications.
- I've been in NZ for four years on student visa expiring end of March 2013. Got married last year. Husband currently holds a work visa. Have been ITA-ed and submitting the ITA soon.
- Had to extend period of study, and will be completing studies in NZ in June 2013 (although formally I am enrolled 'till early July '13)

Besides waiting for the residence visa to be processed and/or renewing the student visa (which would be quite a big hassle due to inefficiencies not related to INZ), I was thinking that since the period of study from the day my current visa expires and the completion of study in NZ is less than three months, there would be no need for a student visa, and I can apply for a work visa under family stream, or any other temporary entry visas by way of family stream?

Am I right in my thinking? Or am I missing anything here?

[JandM]

As I started reading your post, I was straight away thinking of the same thing you suggest yourself. http://www.immigration.govt.nz/migra...milystream.htm

How long has your husband's work visa got to run?

[jannah]

Thanks JandM! His visa is running for five years, so it should be okay. Thanks again for the reply. A much needed reassurance

[jannah]

Hi,

Just wanted to update on this whole process, in case anyone stumbles into the same kind of situation. Since my last post I have actually ended up being more confused. Different people seem to be giving different answers to my questions.

People from uni insisted that I must renew my student visa up till July, and if I wish to return later, I'd have to apply for other visas. When I called immigration, they just said that your application will be assessed based on your relationship with your partner, which sort of translates (to me, at least) as "go ahead, apply for a partnership based visa". However, it did sound like the message "I'm enrolled 'till November but will only be studying in NZ till June" did not get through in the process. I'm not very good at communicating verbally. Especially on the phone.

Oh well. Just wanted to vent out my confusion, and hoping if anyone else have ever encountered this situation might reply.

Cheers!

[JandM]

Good luck to you.

In the middle of this conflicting opinion, have you actually done SOMETHING? You have to apply for some visa or other in time for INZ to be processing it, and for there to be a chance that it will pick up smoothly from your present student visa.

[Karen Phillips]

Hi. I totally sympathise with your situation, but having worked in higher education in NZ, I can assure you that Universities and Higher Ed establishments are not allowed to have an international student studying for even one day without a valid visa. They run the risk of being prosecuted, fined thousands of dollars, and far worse from their persective, banned from taking international students. We were inspected regularly. Back to you. If you are still legally in NZ, I would consider going to an INZ office and asking for a visa extension under Exceptions to Instructions - it can be done. If you have allowed yourself to become illegal between the end of one visa and beginning of next, you could go throught the Section 61 appeal procedure. I would STRONGLY advise you to get help with this. Whereabouts in NZ are you? Kind regards. Karen

[jannah]

Hi Karen. Oh wow that really explains a lot. I ended up renewing my student visa in the end. And they accepted a letter from the uni saying that im sponsored and taken care of (which was why i did not want to renew in the first place - its next to impossible to get a new financial affidavit from my sholarship provider). So everything worked out well, thankfully. Thanks for all your support and suggestions

[JandM]

So glad to hear it's sorted out. You'd think that the university authorities might have been a bit more forthcoming about what the situation is for them, rather than expecting you to mind-read - but all's well that ends well, eh?

All good wishes for the next phase. Hoping soon to hear about your Residence.

[jannah]

haha. the residence visa is another funny story. apparently they returned all documents 7 days after application via nzpost but it somehow did not reach us. no calling cards left either (or maybe the calling card got blown away by welly wind).

anyhow, managed to get hold of all our documents back, and should be contacted by a CO 16 weeks max fom 10 Jan. not too far away from now already

ah well.. the things you do for love..