Partner residency visa or work visa

[arrseegee]

Hi there,

I'm a NZ citizen living with my German partner in Germany and we are looking to come to live in New Zealand in about October 2015. We have been together for two years and although we have no accounts or bills where we are both named as recipients we can prove that we both worked at his father's company since the start of 2013 (21 months ago), we have a few bank transfers to each other since March this year (starting 7 months ago) and also our individual residence registration forms which mention him on my form when I first shifted in in October 2012 (24 months ago) and then both our forms show the same moving date and address that we moved to in November 2013 (10 months ago). We also have our own mail that is addressed to one or other of us at the same address throughout this time (starting 20 months ago). In addition to this we have a joint travel insurance policy dated June this year, our mail forwarding confirmation letter from when we shifted, which names us both, and a variety of photos and emails. I paid for the car that is licenced in his name which I would hope indicates some more financial decisions between us. We are also asking my parents to write a signed declaration confirming our relationship and outlining personal conversations about our future plans together as a couple, and also my partner's dad - our boss - will write something too. In my opinion the various documents show that we have at least been living together for two years and working together for 21 months and that this has continued, however I am no INZ assessor!

My partner is a metal machinist with a qualification recognised at Level 4 of the NZQF, which is on the skills shortage list, however he hasn't applied for any jobs in New Zealand. Technically, though, he has just enough points to qualify to submit an EOI as a Skilled Migrant, but the process seems to take a while and costs an arm and a leg and so we thought that applying for a partner visa under the Family Stream would be better. My initial assumption was that if we are able to provide sufficient evidence of our relationship he would be best to apply for a two-year residency visa, however having read many posts on here I am now not so sure. Many seem to have applied for a temporary work-partnership visa instead, even when they have been in a proven relationship for a period of over 12 months, and I am not sure what the benefit of this is.

If my partner applies for a Residency Visa and for whatever reason it isn't successful, can you instead be granted another type of visa, or would you have to start again from the start? There are obviously high costs associated with submitting and we want to avoid applying for a visa that we have no hope of getting if there is no option to 'downgrade' the original application.

Any thoughts?

[JandM]

In your situation, I can't see any advantage to applying for the partner-sponsored work visa first - you seem to have ample evidence of living together, for well over the minimum requirement for partner-sponsored Residence. I think the other cases you have seen are when people have marginal amounts of proof for the early part of their relationship, so INZ wouldn't be clear just when they started living together.

Normally, if INZ are in that situation, of trusting that there is a genuine relationship but not being able to see the duration clearly, they communicate with the applicants and tell them they could have a work visa to fill the gap - it's written in the regulations that Residence can be deferred till they can prove 12 months. http://www.immigration.govt.nz/opsmanual/30883.htm

[arrseegee]

We have been together for two years and although we have no accounts or bills where we are both named as recipients we can prove that we both worked at his father's company since the start of 2013 (21 months ago), we have a few bank transfers to each other since March this year (starting 7 months ago) and also our individual residence registration forms which mention him on my form when I first shifted in in October 2012 (24 months ago) and then both our forms show the same moving date and address that we moved to in June 2013 (15 months ago).

Whoops, typo there, not that it probably matters.

Thanks JandM, that link was just what I needed to see! We certainly have proof of living together and I am hoping that that will at least get us a foot in the door. Some of the other things like really showing financial dependence or interdependence are not that clear as we have mainly used cash, but hopefully we will have enough proof in other areas that it will not be a factor that counts too much against us proving the relationship.

Thanks again