Moving to NZ with foreign pregnant partner

[surfer99]

Hey there, a quick bit of advice would be much appreciated.

I am an Australian citizen who was planning to move to NZ (I love your country) permanently after I finished travelling. Eight months ago I met the love of my life and a few days ago we discovered she is pregnant.

She has been granted a one month visitor visa for NZ as we were going to do a little road trip through Australia and then NZ. This was the plan before we knew she is pregnant.

Now, of course, we need to take life much more seriously. In an absolute dream world I would love to come to NZ, establish myself as a resident and then convert her from a Visitor to a Partner visa.

The plan would be something like:
* arrive in NZ and get married (I proposed the moment we found out about the baby, even though we were separated by about 3000kms)
* I get a job contract, bank account, register for whatever I can to show I intend to stay permanently (start this pretty much on arrival)
* apply for partner visa before her 1 month tourist visa is up

Are we dreaming? I mean we are in the best relationship I can imagine, we both want to live in NZ and I know we will contribute positively to society. Most of my friends are Kiwis and I'm sure we will integrate really well.

Any advice, opinions or feedback would be much appreciated.

Thank you again.

[Fern49]

I would say getting pregnant has put the cat amongst the pigeons.

[JandM]

Hello, and congratulations! Life all got a bit serious, in a nice way, all of a sudden, I guess

No, I don't think you're dreaming. You being an Australian are entitled to live and work in NZ without restriction, and if you make the point as you arrive that you intend to live in NZ, you can be granted a NZ Residence visa. You are also entitled to sponsor your partner for a visa as soon as you can gather the necessary proofs of partnership. See F2.10 here http://www.immigration.govt.nz/opsmanual/30875.htm, where you'll find mention specifically of Australians in this context.

Your partner won't be able to apply at once for Residence because you say you've only been together for eight months, but once you can prove you've been living together for, say, two or three months, even if you've been travelling (together) during part of that time, she's entitled to apply for a partner-sponsored temporary work visa. (Then, as you go on living together, you build up the 12 months' evidence you need for Residence.) The details are here. http://www.immigration.govt.nz/migra...milystream.htm There are plenty of old threads on the forum about proofs of partnership. https://www.google.co.uk/?gws_rd=cr&...tnership+proof This evidence is checked through really thoroughly (since visas under partnership are a major target for fraud), so you need to be very organized about it, and gather all possible kinds of proof from as early as possible in your time living together, then show more proof at about fortnightly intervals if you can, all the way up to date (and keep on even once the application is in, because INZ often ask for a bit more just before the visa is granted, and then STILL keep on because you will need the extra for Residence later).

[kiwieagle]

I would say getting pregnant has put the cat amongst the pigeons.

Why? Surfer99 sounds over the moon and pretty happy about it all. Sometimes life hands out unexpected gifts!

[batgirl1001]

I would suggest getting married before you arrive in NZ as it would surely speed up the process (knowing she is your wife and not just a partner) and she is pregnant. I suppose it is not the most attractive way to get her to say YES but in the end, a married certificate shows a greater sense of commitment and family. Furthermore you can marry her in Australia or her home country and it would still be a considered.

[surfer99]

Hi JandM, thank you so much for your reply. Fern49 and kiwieagle, thanks also for your replies. Kiwieagle you are absolutely right, it was a massive surprise but from the moment we met (in Bali) we both knew we wanted to be together long term. Then we travelled and and lived together in Spain and had the most perfect time. When we found out that she was pregnant we knew that there are of course options to fix the situation. But it was never really an option because, to be honest, we both feel that we'll be in this situation (albeit in a more planned way) in a year anyway. So why wait? Sometimes life makes these decisions for you and while the future is daunting (particularly all of this visa and immigration stuff) we just dream of a simple and happy life for the three of us.

Currently we have been apart for 1.5 months as she has been in her country organising both the Australian and NZ visitor visas for our road trip. The Aus one has taken almost a month already. So we are desperate to see each other in person and process the enormity of our new life.

I have been travelling around the world writing for magazines, designing websites (and my first book was published) for the past two years, so settling down is a major step for me. That's why I know this is right because I don't even question it. Me and her in a small house, working hard and being somewhere (near the coast of course) in NZ sounds more exciting than any adventure I can imagine.

Sorry for the essay!

Ok, so JandM just one more question.

My plan would be to come over and do everything I can to show that I intend to reside permanently in NZ. This would be soon, in the next two weeks. Then she would arrive on her one month tourist visa around the same time. Would we be able to apply shortly afterwards for the Family Work Visa you mentioned? Or would she just come on a holiday and then have to go away and wait somewhere else to apply and for it to be processed? I know it probably sounds pathetic but we really, really want (and I feel need) to be together. I can't imagine her having to fly somewhere else and wait for visas again.

Basically, if she came on a Visitor visa do you think they would consider converting it to a Family Work Visa:
a) while she is within NZ
b) after I've been there such a short time as well

We do have a lot of evidence that we have been together over the past eight months. We have apartment rental agreements, videos, we published a magazine together, her name is mentioned in my book, hundreds of kissing photos and so on. But, as I said, I'd happily marry her within our first month in NZ. I'd love to. It wouldn't be anything big, of course, but at least it helps cement our relationship and hopefully provides a solid foundation for life ahead. I read that you can apply for a marriage license in NZ even if you both have been resident elsewhere previously. Anyway, we're both serious about it and we could have a proper big celebration in a year or two when both of our families can actually make the journey (and we can afford it).

Enough from me, thanks so much for your time. It really means a lot.

[surfer99]

Hi batgirl1001,

Thanks so much. Absolutely, it's not the marriage I'd imagine (a bit rushed) but to cement our relationship, which is genuine, it makes sense. The problem is we've been waiting for the Aus visa for ages so the first time we see each other again will be in NZ. Then we only have a month to get married and organise all of the above. I guess even just applying to get married and scheduling it shows we are serious. It may seem a bit presumptuous if the marriage date is after her Visitor visa expires? I just hope that if we do come and do this, immigration is understanding with us and she doesn't have to leave and go wait somewhere else.

It's crazy how life can suddenly become so...urgent.

[JandM]

My plan would be to come over and do everything I can to show that I intend to reside permanently in NZ.

Look at F2.20.5 http://www.immigration.govt.nz/opsmanual/30880.htm for what kind of thing they look for as proof you're seriously settling in NZ.

Would we be able to apply shortly afterwards for the Family Work Visa you mentioned?

Yes, you can apply shortly afterwards, as soon as you can get the evidence (of your NZ base, and of your partnership) together. Don't forget you will need to account for the time spent apart, and show how you've kept in touch in the meantime. There's no guarantee she will get her visa through in time, so at least have it in mind that she MIGHT need to leave at the end of her visitor's visa. Here's the Auckland branch processing times page http://www.immigration.govt.nz/branc...ocessingtimes/, showing temporary work visas recently running at around 25 days. HOWEVER, there is the possibility they might issue her an Interim visa http://www.immigration.govt.nz/migra...ts/interim.htm - it's discretionary, but the better your evidence looks, the better the chance.

Here http://www.dia.govt.nz/diawebsite.ns...-Licence#three are details of what you need to do in order to get married in NZ - it looks as though it does not need a lengthy run-in.

What nationality is your partner? - I ask because for some countries, there are extra security checks which can add to the normal processing times.

[dharder]

Congratulations on the pregnancy!

I would just point out that the marriage itself will really not make much of a difference one way or the other to immigration. Anyone can get married, it is the relationship proof that counts.

JandM has sent all the relevant links to show what kind of proof is required, and I think you'd be better off concentrating your efforts on that than some rushed marriage that won't add that much to your case.

Good luck,

Daniela

[surfer99]

Thanks guys.

What nationality is your partner? - I ask because for some countries, there are extra security checks which can add to the normal processing times.

She is Russian.

I guess if she couldn't get the interim visa in NZ she could wait in Fiji or similar as they apparently get a visa on arrival there with no problems.

Thank you so much for all of the links. That is really great... will let you know how it goes