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Thread: Someone please help

  1. #1
    Join Date
    Feb 2013
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    England
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    Default Someone please help

    Hi thanks for reading. Where to start when I was 15 (now 23) my adopted dad did a trace and it turns out my grandmother, 8 aunties , uncle cousins you name it are all kiwi residents! To cut a long story short I went over it was amazing and I want to o back for good, I have booked my one way ticket for this October however I think I was very wrong at how easy it would be!
    What rights do I have ?
    I thought my dad could get residency but as he's 50 he can't ?
    Or do I get a working holiday visa then apply for residency ?
    I have no trade behind me so can't take that into consideration!
    But there must be a way, I have no family left in the uk (apart from biological parents and a brother) so surely I would be allowed to be with blood family over there ?
    Thankyou again for reading any advise is so so appreciated!

  2. #2
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    Hello. I'm sorry - this is not going to be a cheerful post for you to read.

    I think I was very wrong at how easy it would be!
    I'm afraid you have summed things up correctly, there.

    There is a huge battery of laws about being allowed to live and work in NZ. Even those with direct connections and undoubted rights, and even those with high qualifications, skills and experience, have to go through the right paperwork in the right order. So nothing about emigrating is ever 'easy'.

    I thought my dad could get residency but as he's 50 he can't ?
    There's no cut-off at age 50 that I know of. Several of the work and residence visas cut off at age 55. He might be able to get one of these if he wants to, and if he has skills and qualifications - that's to check out. http://www.immigration.govt.nz/migrant/stream/work/

    Next thing - when you say your grandmother has residence, is this your adopted father's mother? Did he have residence as a young child, along with her? If he did, he might still be entitled to it now.

    If your adopted father HAS residence, or were able to GET residence, he might (as long as you are officially adopted, and if he's going to be living in NZ) be able to bring you in as a dependent child (note, you will soon be beyond the age). But there are several ifs in that, and there are requirements. http://www.immigration.govt.nz/migra...ld/default.htm (and see the links off that page)

    Rights? - you don't have any coming to you from anywhere else, I'm afraid. Despite your feelings, you do not have a DIRECT connection to the Kiwi family you mention. It comes through your adoptive father. NZ law would not let you claim the 'dependent child' connection to grandparents while your adoptive father is alive, and even if he were not, the existence of your biological family might count against that anyway.

    You could get a working holiday visa, but that gives no rights to staying on after the visa runs out. So you'd have a maximum of 23 months (assuming you're British), able to work for just 12 of them. Simply being there, and having relatives there, is not grounds for applying for Residence. A work visa, or residence, is a kind of swap with the NZ government for having qualifications and skills that are in short supply in NZ. Without those, the application would fail.

    The only other routes I can think of are that you should get qualified in a skill that NZ can use, and several years down the line, you could then get a visa. Or, if you were to meet a NZ resident or citizen life partner, you could get a partner-sponsored work visa or residence. http://www.immigration.govt.nz/migra...milystream.htm http://www.immigration.govt.nz/migra...er/default.htm

    One last thing. You would not be allowed to board a plane on a one-way ticket without having the right visa. Airlines have to check this, and there are big legal penalties for any mistakes. You are going to have to change or cancel that ticket.

  3. #3
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    Feb 2013
    Location
    England
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    Default

    Thankyou for the response ! My grandma is my dads biological mother but she orignitated from london had dad there and them emergrated to have all her children in New Zealand! ! So my blood dad is her blood son!
    Also the flight I have been told this is fine along as I sort my visa in time ?
    If my dad can get residence what's the age limit of him being able to take me ?
    Also is there no way my gran can sponsor me to go over there ? She said I can get over there if I study ? Thanks for your help

    Quote Originally Posted by JandM View Post
    Hello. I'm sorry - this is not going to be a cheerful post for you to read.



    I'm afraid you have summed things up correctly, there.

    There is a huge battery of laws about being allowed to live and work in NZ. Even those with direct connections and undoubted rights, and even those with high qualifications, skills and experience, have to go through the right paperwork in the right order. So nothing about emigrating is ever 'easy'.

    There's no cut-off at age 50 that I know of. Several of the work and residence visas cut off at age 55. He might be able to get one of these if he wants to, and if he has skills and qualifications - that's to check out. http://www.immigration.govt.nz/migrant/stream/work/

    Next thing - when you say your grandmother has residence, is this your adopted father's mother? Did he have residence as a young child, along with her? If he did, he might still be entitled to it now.

    If your adopted father HAS residence, or were able to GET residence, he might (as long as you are officially adopted, and if he's going to be living in NZ) be able to bring you in as a dependent child (note, you will soon be beyond the age). But there are several ifs in that, and there are requirements. http://www.immigration.govt.nz/migra...ld/default.htm (and see the links off that page)

    Rights? - you don't have any coming to you from anywhere else, I'm afraid. Despite your feelings, you do not have a DIRECT connection to the Kiwi family you mention. It comes through your adoptive father. NZ law would not let you claim the 'dependent child' connection to grandparents while your adoptive father is alive, and even if he were not, the existence of your biological family might count against that anyway.

    You could get a working holiday visa, but that gives no rights to staying on after the visa runs out. So you'd have a maximum of 23 months (assuming you're British), able to work for just 12 of them. Simply being there, and having relatives there, is not grounds for applying for Residence. A work visa, or residence, is a kind of swap with the NZ government for having qualifications and skills that are in short supply in NZ. Without those, the application would fail.

    The only other routes I can think of are that you should get qualified in a skill that NZ can use, and several years down the line, you could then get a visa. Or, if you were to meet a NZ resident or citizen life partner, you could get a partner-sponsored work visa or residence. http://www.immigration.govt.nz/migra...milystream.htm http://www.immigration.govt.nz/migra...er/default.htm

    One last thing. You would not be allowed to board a plane on a one-way ticket without having the right visa. Airlines have to check this, and there are big legal penalties for any mistakes. You are going to have to change or cancel that ticket.

  4. #4
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    Feb 2008
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    Also the flight I have been told this is fine along as I sort my visa in time ?
    It would be okay, IF you could sort out a legal visa in time. If. A one-way flight is only good for Residence, or a work-visa of more than two years' length which specifically states on it that an onward ticket is not necessary. (So for a shorter-term work visa, or a student visa, or a WHV, it wouldn't do.)

    About your grandmother. She can't do anything to help your applications to INZ for residence or work visas as a dependent child, because her son, your father, is still alive. If he'd raised you, you might still be dependent upon HIM, but not her. And you can't count as dependent on your biological father for NZ purposes, because, from what you're saying, he didn't get NZ residence along with her, and, in any case, doesn't live there.

    If you have any chance of counting as a dependent child, it will be on your adoptive father (as long as he officially adopted you), but only if he qualifies for some sort of NZ visa, always assuming he wants to go. You can be counted as a dependent child up to the age of 24, with certain conditions.
    Dependent children of a principal applicant are children aged up to 24 years who are single and who have no children of their own. Dependent children must be totally or substantially reliant on their parents for support; however, if they are aged between 18 and 20 years, they may be financially independent. Those aged between 21 and 24 years need not live with you but must at least rely mainly on you or your partner for financial support.
    http://glossary.immigration.govt.nz/...ntchildren.htm

    To get a student visa, such as your grandmother was talking about, you have to have an offer of a place on a course, and the course has to be the kind that INZ will recognize. http://www.immigration.govt.nz/migra...hatisrequired/ Also, you have to be able to pay for it, on international fees (more expensive than domestic ones). It is possible that your grandmother might be able to help you with this visa if she's prepared and able to sponsor you financially, as set out here - but it's quite an undertaking. http://glossary.immigration.govt.nz/Sponsor.htm

  5. #5
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    So if I got a working visa and chose to stay after the year could my nan then sponsor me to stay ? If so how long for?
    Also is she just sponsored me how long can I stay for ? I really do want to make a go of it out there and as I missed college here I would happily get my head down And get some qualifications!
    I really do want to stay over there what would be your best suggestion what would you do ?

  6. #6
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    So if I got a working visa and chose to stay after the year could my nan then sponsor me to stay ? If so how long for?
    Do you mean a WHV (working holiday visa)? If so, then your grandmother could let you stay with her for the other 11 months, beyond the year you can work for, if she doesn't mind, but that's not sponsoring in the way INZ means it.

    Also is she just sponsored me how long can I stay for ?
    She can't 'just' sponsor you. You have to have the right to a visa of some sort - say, because you're going to study on an approved course (look at that page I showed you before, and the links from it) - and she could then (IF she was willing and able) help to meet the financial requirement for that visa.

    If you've got the determination, then either the student route in NZ (but that's expensive), or getting qualifications here, where you can get a student loan, would definitely get you there eventually, with the kind of visa that would give your permission to stay. You'd need to think what skill you could work up, in order to go for a job that's on the skills shortage lists for NZ. http://www.immigration.govt.nz/migra...ls.htm?level=1 and http://www.immigration.govt.nz/opsmanual/ (Go to Appendices, then Appendix 6).

  7. #7
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    Quote Originally Posted by JandM View Post
    It would be okay, IF you could sort out a legal visa in time. If. A one-way flight is only good for Residence, or a work-visa of more than two years' length which specifically states on it that an onward ticket is not necessary. (So for a shorter-term work visa, or a student visa, or a WHV, it wouldn't do.)
    ...
    A minor correction here, it is only possible to obtain a return ticket for up to 12 months in the future, therefore any visa that is 12 months or longer doesn't have the requirement for a return ticket to be purchased. You would instead need to prove that you have sufficient funds to purchase an onward ticket.

    Ian

  8. #8
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    Thanks, Ian.

  9. #9
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    I agree with your grandmother, apply for school here. If you haven't settled on a career yet, you can develop your options for the future, and in the mean time live here. You will be allowed to work a limited number of hours per week on a student visa. You'd have to check the Immigration NZ website to be sure how many. Good luck!

  10. #10
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    Thanks for the reply ! I've been lookin at studying options and its sooooo expensive !!
    I think I'm going to get my working visa and have a good couple of years there !

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