Which visa to apply for?

[kiwigalincanada]

Found this forum today, what a godsend...so many great topics!

Hoping you can give me some advice...

Here's my situation. I have New Zealand Citizenship by descent (I was born in Australia), my children have Australian citizenship from me, my husband is Canadian. He has recently accepted a job working for an Australian company in Papua New Guinea. He will be working approx 1 month on and 1 month off, so will spend slightly more time outside of New Zealand than in it We have decided to make the move to New Zealand for a couple of years (initially).

Do we apply for a Visitor Visa based on Partnership, or a Work visa based on partnership or a resident visa based on partnership. To apply for either of the first two is US$300 from Canada and the resident visa is approx US$1300. I have been told he can apply for the residence visa once we are in New Zealand but must do it within the first 3 months of being there. Of course the processing time we have been given for residence visa is up to 1 year and the visitor/work would be approx 1 month. We anticipate akin the move around christmas of this year.

I guess my question is, do we need to go to the initial expense of a residence visa or will one of the others do?

Any thoughts and comments, much appreciated!

[G-Mo]

I would apply for residence visa based on partnership. If you have been together more than 5 years and can prove it (bank statements, home loans, insurance, etc...), he should qualify directly for permanent residence. I am a Canadian married to a kiwi, and this was the case for us (our son is a NZ citizen by descent). If you apply from Canada you apply through Washington, DC and it should only take about a month to get the residence (do you have a NZ passport?)... You can see my timeline below.

[kiwigalincanada]

I would apply for residence visa based on partnership. If you have been together more than 5 years and can prove it (bank statements, home loans, insurance, etc...), he should qualify directly for permanent residence. I am a Canadian married to a kiwi, and this was the case for us (our son is a NZ citizen by descent). If you apply from Canada you apply through Washington, DC and it should only take about a month to get the residence (do you have a NZ passport?)... You can see my timeline below.

Thank you! I do have a New Zealand passport. I was told when I phoned Immigration in NZ for advice that perhaps he wouldn't be eligible for Residence as he would be spending so much time out the country and that "the purpose of a residence visa is to have the partner be with the NZ spouse. But in his profession it is VERY common to spend periods working away from home. We have been married for 20 years so I don't think proving the relationship part will be an issue!

[dharder]

I was told when I phoned Immigration in NZ for advice that perhaps he wouldn't be eligible for Residence as he would be spending so much time out the country and that "the purpose of a residence visa is to have the partner be with the NZ spouse.

The main criteria is that you have lived together for at least the 12 months before applying for a visa. I'm sure that explaining your partner's work will be fine. They really just want to know that you are in a 'genuine and stable' relationship.

I would try to go for this as well, as though it may be more effort in the beginning, it seems to be the quickest and easiest way to gain permanent residence.

Good luck,
Daniela

[G-Mo]

Thank you! I do have a New Zealand passport. I was told when I phoned Immigration in NZ for advice that perhaps he wouldn't be eligible for Residence as he would be spending so much time out the country and that "the purpose of a residence visa is to have the partner be with the NZ spouse. But in his profession it is VERY common to spend periods working away from home. We have been married for 20 years so I don't think proving the relationship part will be an issue!

The main criteria is that you have lived together for at least the 12 months before applying for a visa. I'm sure that explaining your partner's work will be fine. They really just want to know that you are in a 'genuine and stable' relationship.

I would try to go for this as well, as though it may be more effort in the beginning, it seems to be the quickest and easiest way to gain permanent residence.

There would be a concern with Residence that he is not meeting the requirements of the visa (maintaining a certain amount of time in the country), with PR there are none of these travel restrictions. Once activated, he can come and go from NZ as and when he pleases... I don't know what the tax implications are of his employment arrangement, where he is paid (Australia? PNG? NZ?) and where he pays taxes, but, I'm sure it can be figured out!!

If you have been outside of NZ for more than 2 years (obviously you have) and have been together over 5 years (you have) and have the evidence to prove it, your application will be fast tracked and he should be granted PR without question.

[kiwigalincanada]

Cool! OK, stupid question...do they change your application from resident to permanent resident or is that something that you ask for when you submit? Also, I noticed in your history G-Mo that after your application was approved you "submitted Migrant Levy" is that something separate to the fee paid when you applied?

He will be paid out of Australia but will pay taxes in PNG..don't think that will make any difference to anything tho, will it?