Commencing Family Status Visa

[JesseP]

Hi

I am returning to NZ with my US born wife and 6 month old daugher in June. I cannot wait and just hope my wife settles ok (incidently if there is anyone on this thread that is based in Auckland and is a newly arrived expat and female/yoga lover/adventure seeker im sure my wife would love to make share experiences and make some friends).

Anyway, we successfully applied for her residency under the family category last year and were given 12 months to start the visa (which would expire before we intend to arrive permanently in june). As luck would have it we need to be in NZ for a wedding in a few weeks. I'm hoping that our arrival will "trigger" my wife's visa and we will not need to go about reapplying. Does anyone know if we are arriving but not yet intending on staying permenantly will this trigger the visa?

To complicate matters my daughter will be travelling with us and we have not had a chance to get her NZ passport yet (we have managed to get her NZ citizenship but cannot get an NZ passport in time before we leave as we need to apply through London or NZ). Therefore she will need to be on a tourist visa and we will apply for her passport once we come back. I'm worried that my daughters toursit visa will make it clear to the customs people that we are intending on leaving for a short time and will not trigger my wifes visa as a result. Appreciate this is complicated but interested in anyones experiences at customs starting their visa.

Thanks

[JandM]

There is no compulsion on someone with a Residence visa to stay put in the country! Don't worry - even the shortest visit to NZ activates a visa. Your wife could turn round and leave on the very next plane, and the fact of having gone through immigration at the airport would have done the trick. It's not something the officials have any decision to make upon - when a new Residence or Work visa comes through, it's activated, and recorded in the INZ computer.

I really don't think you'll have any complications at all. IF THEY ASK about your plans, which they very well may not even bother to do, all you need to do is explain that you are still in the process of sorting out your affairs and paperwork for making the definitive move.

The next thing your wife will need to do about her visa is to change it for Permanent Residence, which she will be able to do a minimum of two years from activation - all the regulations are here. http://www.immigration.govt.nz/migra...quirements.htm

[kiwieagle]

The next thing your wife will need to do about her visa is to change it for Permanent Residence, which she will be able to do a minimum of two years from activation - all the regulations are here. http://www.immigration.govt.nz/migra...quirements.htm

JesseP, are you a NZ citizen? Is your wife's visa through that? JandM, have they changed the rules? Because as the wife of a NZ citizen, the type of Visa I have doesn't expire. I don't have to change anything as my visa has no expiry date as long as I activated it before the 12 months expired. JesseP, does your wife's visa say "Expiry date travel: Indefinite" and "Visa expiry: Indefinite"? Because you are allowed to leave NZ as many times as you like, as long as your passport doesn't expire, under that kind of visa. Perhaps it has changed. I did find this:

Most people who are eligible are initially granted a resident visa then progress to a permanent resident visa by making another application after they meet the commitment to New Zealand criteria. However, new policy settings enable a small number of residence applicants to progress directly to a permanent resident visa. These are:

• foreign national partners of New Zealand citizens (and the partner’s dependent children) where:
  
  • the New Zealand citizen has been living overseas for at least five years, or has been in New Zealand for three months or less after living overseas for at least five years, and
  • the partnership has been ongoing for at least five years.

I'm not sure why they'd ask you about your child's status. Do you and your child have the same surname? You are a citizen, your wife is a resident, and bring the citizenship certificate. I've heard of people waiting to get their children's NZ passports until after they came to NZ.

[JandM]

I think they may well have changed this particular aspect in the last couple of years, kiwieagle. Had you been married five years or more, abroad, when you got your residence?

Anyway, JesseP, your family is going to be fine, I'm sure, upon this next entry to NZ, and the matter of PR is something you can check with INZ once you're settled - there's no urgency, as ordinary Residence gives your wife permission to come and go for two years from activation, anyway.

[JesseP]

Thank you both very much. This is helpful and sounds like we'll be fine. I am an NZ citizen. My wife's visa says Visa Expiry: indefinite but there do appear to be some conditions to Expiry Date Travel. Anyway, thanks again