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Thread: Partner visa questions

  1. #1
    Join Date
    Jul 2013
    Location
    UK
    Posts
    2

    Default Partner visa questions

    I've decided I'd like to move to New Zealand, most likely via a Work to Residence visa. I plan to apply for web design positions remotely from the UK and interview over skype/telephone.

    Before I begin anything though - I have a few questions about the practicalities of actually doing this. But my first, and most important is the following...

    I would like my girlfriend of two years to move over with me on a partner visa. I think there's technical issues with doing this however...

    - We both still have our own places so not technically in a de facto relationship.

    - She separated from her husband three years ago (he actually deserted, never to be seen again, she thinks he's moved abroad). Divorce proceedings have never been sorted however. She'd now like to get a divorce through the courts, though as he cannot be contacted this may actually delay things.

    - She has a 6 year old son with said deserted husband.

    - She works as a waitress, and would struggle to get a NZ job offer remotely, or have the qualifications/experience to get a separate NZ work visa. So partner visa seems only option.

    We very much want to get married once the divorce is finalised, and start a new life in New Zealand. My questions on this are...

    - Will we have to be married at the time of my work to residence visa application for her to come to NZ on a partner visa? I read with a de facto, you have to prove you've been in a de facto relationship immediately preceding the visa application, but is this the case with marriage as well? Or could I apply for jobs now, get an offer and work to residence visa before getting married. Once I've moved over, ans her divorce is finalised, could we get married in the UK and have her come over on a partner visa at that point? Or is that not how it works?

    - Would there be any requirement in the visa application to provide the fathers consent or to show she has full legal custody of her son? i.e would she need to obtain anything through the courts in order to bring her son over?

    I understand there's a lot of obstacles here, however we are both very keen on the idea of moving to NZ. If anyone can answer any of these questions it would be much appreciated!

  2. #2
    Join Date
    Feb 2008
    Posts
    37,823

    Default

    Being married doesn't carry any extra weight with INZ for partnership purposes. You have to provide evidence of partnership by showing that you have been living together consistently over a period of time. The following links give you INZ's suggestions for proof, and forum members' discussions on this point. http://www.immigration.govt.nz/migra...artnership.htm
    http://www.google.co.uk/?gws_rd=cr#s...iw=804&bih=502

    You won't be able to sponsor her for a partner-sponsored temporary work visa until you can show partnership evidence. In practice, although no time limit is mentioned when discussing this visa http://www.immigration.govt.nz/migra...milystream.htm, INZ look for a minimum of around three months' proof.

    Whatever you decide to do about marriage doesn't really affect this one way or the other.

    If you get a job offer so that you're about to apply for your visa, and by that time you have gathered evidence that you live together, you could at the same time sponsor her for her partner-sponsored temporary work visa - you send everything in at once, with a covering letter linking the applications, and everything is worked as one case, with the Case Officer filling in things you wouldn't know to start with, such as your visa number, as they become available.

    http://www.immigration.govt.nz/opsmanual/42626.htm This link gives you the start of the regulations about visas under partnership. You can then follow through to E4.1 (there's a link off that page) to the requirements for partnership, and for dependent children.

    As you will see at E4.1.15, there IS a requirement to show that she has sole custody of the child before she can take him abroad.

    That will give you a start with things to think about. Other people will have comments to add, and of course, you can ask more when you've had a chance to look the information over.

  3. #3
    Join Date
    Jul 2013
    Location
    UK
    Posts
    2

    Default

    Thank you very much for the detailed reply, that's been really useful. So essentially before I apply for jobs or visas...
    1. My girlfriend needs to sort the divorce and custody through the courts
    2. We need to officially move in together for at least 3 months so we'd have the evidence in order to be eligible for the partner-sponsored temporary work visa

    Once both above boxes ticked, then begin applying for jobs.

  4. #4
    Join Date
    Feb 2008
    Posts
    37,823

    Default

    That makes sense.

    I should also add, the lad will need a student visa http://www.immigration.govt.nz/migra...y/application/, as he will be of school age when you go. His mother will need to fill in the form and sign for him, but he is the applicant for this. This form can also go in with your application, and hers.

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