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Thread: once travel conditions expire? new visa?

  1. #1
    Join Date
    Dec 2007
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    Canada/NZ
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    402

    Default once travel conditions expire? new visa?

    My long residence saga continues...
    I gained residence visa as the spouse of the primary applicant, we all activated our visas and started the two year travel conditions clock
    None of us have moved to NZ yet
    I am now separated from the primary applicant, and he informed INZ of our separation.
    I needed to have my residence visa transferred to my new passport when my old one expired.
    Due to the fact that I am separated from the primary applicant INZ took a few weeks deciding my case and allowed me to keep my visa
    but I still have the condition that I have to enter before my travel conditions expire (which I intend to do!)

    Once in NZ I will have indefinite residency but not permanent residency, and my travel conditions will expire meaning I can't leave to visit family..
    I am in a serious relationship with a NZ citizen, we will be living together once I am there so I could apply for partnership
    Since I already have a residence visa I am hoping this all can be wrapped up in some easier fashion?
    What I will need to know is if I enter in February 2014 (my travel condions expire April 2014) will there be sufficient time to gain some kind of visa (partnership?) or some variance that will allow me to visit family outside of NZ in June of 2014 and still return with residence rights????

  2. #2
    Join Date
    Feb 2008
    Posts
    37,824

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    What I will need to know is if I enter in February 2014 (my travel condions expire April 2014) will there be sufficient time to gain some kind of visa (partnership?) or some variance that will allow me to visit family outside of NZ in June of 2014 and still return with residence rights????
    I think I'm going to say what you don't want to hear. I very much doubt you can get any large variation of your travel conditions, in the situation as described. As you will see here http://www.immigration.govt.nz/migra...quirements.htm, without having spent much time in NZ during the life of your first 2-year travel conditions, the most you can get is 14 days, once. If you got that variation, then left and stayed out of the country beyond those 14 days, your Residence would lapse (and no excuses such as travel delays make any difference).

    I don't know how an application based on your new partnership would be met, especially since you have already had a concession on INZ's part to allow your NZ Residence visa to remain valid although your old partnership had broken up and you hadn't been living in NZ. I suspect it would partly depend on how long ago you split up from your previous partner. All the partnership regulations are based on the idea of a genuine and stable relationship, and although I can't find any mention of it right now, I think I have seen in the regulations somewhere that officials have to look at the time factor when a second, new partnership is involved.

    Rather than cause visa difficulties, couldn't your family visit you?

  3. #3
    Join Date
    Oct 2006
    Location
    Waterloo, Lower Hutt
    Posts
    505

    Default

    INZ restrict a NZ Citizen or PR to have a 5 yr gap between sponsorships and then they can only sponsor 2 people. Like JandM I do not recall seeing a restriction on the sponsored person, though the genuine & stable aspect may be perceived as weak if applications are close together.

    Others may have more knowledge/experience in this area, though as you have residence, I am not sure what other visas you can apply for before qualifying for PR without travel conditions.

    As JandM suggested the short term variation of travel conditions is the only option I am aware of to be able to return to NZ after your travel conditions expire. The variation can be longer than 14 days, though as you would have stayed in (committed to) NZ for a short period, a short travel variation is also likely.

  4. #4
    Join Date
    Feb 2008
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    The variation can be longer than 14 days, though as you would have stayed in (committed to) NZ for a short period, a short travel variation is also likely.
    I think the 14-day variation is going to be all that is possible in your case. The only other possibility is a 1-year variation, and that requires either 184 days spent in NZ in one of the two previous 12-month periods, or else tax residence for a year with at least 41 days in NZ in one of the two previous 12-month periods. http://www.immigration.govt.nz/migra...quirements.htm

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