Is Police Check needed for Partner based visa??

[drew33]

Hello,

I am looking to extend my stay here in NZ with my girlfriend (NZ citizen). Been together nearly 5 years, have joint account, lived together etc.

I am currently on the working holiday visa (23 month), and it is due to expire. I am looking to get at least a 12 month partner visa.

I have completed most of it, but am unsure if I need to provide a police check. The wording is quite confusing on the website, and I'd rather not do it if I didnt have to (cost and time being the only reason).

Also, if a friend in the same position as me had worked slightly more than what the current visa allows, should this be mentioned on the new visa application form, or not?

Thanks

[JandM]

After a trawl through the INZ operational manual, it seems to come out as an 'if required'! I guess it may depend on whether you provided a police check for your current WHV, recently enough for INZ to pass on it this time round, but you'll have to ask them.

WF1 General rules

As well as meeting the specific requirements for the relevant family stream work instructions, applicants must also meet the lodgement, bona fide applicant and health and character requirements as set out at W2.10.1.

http://www.immigration.govt.nz/opsmanual/

W2.10.1 Requirements for applicants

Unless specifically stated otherwise all applicants for work visas must:

meet the requirements under Generic Temporary Entry instructions for:
lodging an application for temporary entry as set out at E4; and
bona fide applicants as set out at E5; and
health and character as set out at A4 and A5

http://www.immigration.govt.nz/opsmanual/34388.htm

A5.5 Character checks

If required applicants aged 17 and over applying for a temporary entry class visa must obtain a police or similar certificate from:
their country of citizenship; and
from any country in which they have lived for five or more years (whether on one visit or intermittently) since attaining the age of 17 years.

http://www.immigration.govt.nz/opsmanual/45181.htm

Your girlfriend will need to provide police checks, though.

Anyone putting in an application is stating that they're telling the whole truth. It depends on whether your friend is happy to do that on a legal document, while actually leaving out some of said truth, and, further, whether this omission is likely to show up in the course of the checks, leaving him saying, 'I didn't intend any fraud,' if INZ then considered refusing the visa on that basis. That one's an individual judgement, I think.

[drew33]

Thanks for the reply, and thanks for researching it.

I havent provided a police check yet, so am considering doing it. Thought it would be a requirement for Residence rather than tempoary work/partner visa.

As for my friend, I'll pass the info on thanks.

If he does put the truth, then Im thinking there is a big chance the new visa will be declined due to breach of the current visa.

If he doesnt then, there is a chance they wont look into it and he gets away with it. Or the visa will be declined and possible other consequences due to false information on application.

[JandM]

Im thinking there is a big chance the new visa will be declined due to breach of the current visa.

Of course, nothing is certain, and it's a situation bound to cause some concern, but from what we've seen on here in the past, INZ do sometimes pass small breaches of regulations if they come to light - there are lots worse things in the world than a few weeks' extra work, and they're actually trying to keep out those previously convicted of serious crime or potential terrorists. Just recently, someone told on a thread how a friend of his had just finally got a proper partnership visa, having been working in NZ on no visa for something like five years, with successive employers assuming he was a Kiwi. The INZ government does seem to act kindly towards genuine partnerships - they like to keep their Kiwis and Residents happy and in NZ, and if the price of doing that is allowing in their foreign significant et ceteras, they say okay.