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Thread: VISA options for my Russian girlfriend to return to NZ (why is this so difficult?)

  1. #1
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    Default VISA options for my Russian girlfriend to return to NZ (why is this so difficult?)

    Hi Everybody,

    Firstly thank you for taking thew time to read this, i could really use some sound advice.

    My girlfriend is Russian (from Moscow) and shes been in New Zealand on a limited visa studying English since October due to leave April 4th.

    We met in Auckland and have been together since November 10th. I have never been happier, she is amazing, my friends love her, my family loves her and i plan on asking the question so we are very serious.

    Now all mushiness aside here's where it gets complicated.

    I have met with two different immigration lawyers, both have given different advice. I have called immigration twice and spoke to two different agents about our situation and also received different advice on both occasions.

    We were told that the partnership visa is the way forward however, we don't live together and i believe this is a very important prerequisite of the partnership visa. We very much have wanted to live together but due to personal circumstance we just haven't been able to. We will however when she returns.

    Visitors visa. I was also told that this could be an option. She is to apply for a visitor visa and then when she arrives she is to apply for a work visa then for a defacto status etc etc. The only issue with this is that we have had contradicting advice about her current limited visa and how it will not allow her to return as a visitor.

    Ideally we would like her to be working as soon as possible so a visa that allows that would be great.

    With less than two weeks to go before my girl leaves we are both getting pretty nervous, not to mention with the papers talking about placing travel sanctions on Russian due to the Crimea drama.

    I should also add that i am 30, employed full time and have never sponsored anyone before nor have i been engaged or married before.

    My partner is 24, a student about to graduate and she has never been engaged or married before.

    Good people of ENZ Forums, please help us!

    Regards,

    David

  2. #2
    Join Date
    Feb 2008
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    37,824

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    Hello.

    I see there may be a problem with her getting a visitor's visa to return in the near future.
    V2.5.10 Definition of 'genuine tourist'

    For the purposes of the provision on length of permitted stay at V2.5.1(a)(i) above, a genuine tourist is a visitor to New Zealand who:

    is not working and has not worked in New Zealand; and
    has not had a New Zealand student visa; and
    is not sponsored; and
    has sufficient funds for maintenance and accommodation.
    http://www.immigration.govt.nz/opsmanual/ (Temporary entry class visa » Visitor visas » V2 General requirements for visitors » V2.5 Length of permitted stay)

    I see the INZ website suggests that it's possible to apply for a visitor's visa to have a holiday after finishing a course. http://www.immigration.govt.nz/migra...asavisitor.htm Have you tried that, as it might give you a little more time to sort out your future plans?

    Otherwise, yes, a partner-sponsored visa seems very much indicated, and yes, partnership, as far as INZ is concerned, is a live-in relationship.

    In case there turns out to be something stopping her return in the near future as a visitor, don't despair - it is possible to collect evidence of living together anywhere that you can both legally be. We have had people on the forum who got their evidence of a live-in relationship while travelling, away from the home countries of both of them.

    As to why this is all so difficult... You know you're honest and sincere, but the rules are made to guard against fraud. Partner-sponsored visas are the ones most targeted by fraudsters, because they depend ONLY on evidence of partnership (not requiring qualifications or a job offer), so the rules are set up to thwart anyone thinking of paying a national to lie to get them a visa.

  3. #3
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    Mar 2014
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    Hi JandM,

    Thanks for your prompt reply

    If we can live together for the remainder of her visa (until April 4th) do you think this will be enough to have the outcome we are looking for with a partnership visa?

    Thanks again

  4. #4
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    On its own, frankly, no. No length of time is specified in the regulations, but from the experience of people posting on the forum, it's after around eight weeks that they start to take applications seriously. Or if there is a period of time well-documented, then an absence for a valid reason with ample proof of continued contact, then a further time spent together, with at least two months' living together.

    I expect you've seen the old threads about proof of partnership. https://www.google.co.uk/#q=site:enz...tnership+proof Thinking ahead and making sure you almost OVERdo the evidence is good.

    Is there any chance, if she turns out to have to leave NZ on 4th April, that you could go with her, either to her home, or somewhere else? Or could arrange to follow or meet shortly?

  5. #5
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    We were working on the basis that she has to leave on April 4th regardless of the outcome. She has personal matters to attend to so there is no way around that. As for me traveling with her i would have loved to and she really wanted that however i run our family business and unfortunately her departure is in the middle of a very busy period so i am unable to. There is no reason we couldn't arrange a trip somewhere in 2-3 months though.

    As far as evidence of partnership goes i really wish i had of known about this a long time ago because i would have made sure to document our every move. We have been away together multiple times, dinners, movies, surfing lessons etc but the accommodation was booked under my name alone (for two people), and to make things worse im not a huge fan of photos so i didnt even think about the fact i might need them to prove our relationship so i don't have too many and unless its business related i am terrible at keeping receipts.

    On a more positive note it wouldn't be an issue getting a lot of letters from friends and family confirming our relationship but as far as joint accounts, tenancy agreements, shared utilities bills and anything that is co-signed, we haven't needed to so we haven't got anything.

    If i had a clear cut path to work to that would be great so just to summarize;

    1) A Partnership Visa at this point even if we live together for the remainder of her stay (11 days) will not be accepted.

    2) Due to her current Limited Study Visa she will not be able to return on a Visitors Visa due to the definition of a "genuine tourist" specifically "has not had a New Zealand student visa".

    3) There may be an option for her to extend her stay based on the link http://www.immigration.govt.nz/migra...asavisitor.htm which i will look into further as if she can stay for an additional two months and we live together during this time it could be a very good option.

    If anyone else has any tips or advice or has been in the same position i would love to hear from you.

    (thanks so much JandM, you're awesome)

  6. #6
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    Mar 2014
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    New Zealand
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    OK so my girlfriend and i just went to Immigration in Auckland city and we were given two options, however as i will detail its still very unclear because both options fall into a grey area;

    1) We apply for a partnership visa even though we have not been living together and take our chances.

    2) We apply for a "visitors visa with an exception to the rules" and we are completely upfront with our intentions of continuing our relationship and applying for a work visa at some point etc.

    Exception to genuine tourist rule: My girlfriend is returning to visit me so we can continue our relationship and has held a student visa in the previously.

    "We consider you to be a genuine tourist if you are a visitor who has not held a student visa"

    My concern is that both seem to have a major red flag and i guess i just need advice on which is the path which we will have the greater success in.

    Any thoughts would be much appreciated, thanks in advance.

  7. #7
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    As she is on a limited visa, she needs to return at the end of her visa. This is one of the key differences to Limited Visas compared to visitor or student visas. My reading of the link you posted refers to a someone on a student visa, as your gf is on a limited visa I think this does not apply to her.

    Because she is on a limited visa, I would assume she could apply for a visitor visa in future, provided she meets the Immigration criteria.
    Depending on the reasons for her having a limited visa, a future visitor visa sponsored by yourself my have a greater chance of meeting INZ requirements. Others here may have experience in this area.
    Last edited by eternalkiwi; 24th March 2014 at 09:14 PM.

  8. #8
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    Hi eternalwiwi,

    Thanks for your thoughts, i was thinking the same thing about a visitors visa being the way to go.

    Any other thoughts on this would be greatly appreciated good people of ENZ, thanks in advance.

  9. #9
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    Default Did it work

    Hey mate, im just wondering if your partner got the visitor visa? and for how long you applied for? I am in a very similar situation with my Armenian partner, we have known each other online for two years and talked a lot, we have been partners for about 7 months, and I took a trip over there to meet her and stay with her for 3 weeks.

    Now we are trying to get her here to NZ on a visitor visa for 5 months to give us time to live together and apply for a partnership visa.

    Very very nervous as our future depends on the decision of the immigration NZ in Moscow

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