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Thread: Residence Class Visa to PR: but we broke up!

  1. #1
    Join Date
    Nov 2013
    Location
    New Zealand
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    14

    Default Residence Class Visa to PR: but we broke up!

    I unfortunately found out my partner has been cheating on my: actually quite shortly after I got my Residence Class Visa approved back in January and got my blue sticker

    I have moved out, and are actually pretty happy now being without him (6 months or so now). I am a bit nervous when I need to apply for the PR in a years time though: will it mean anything that we are no longer together? Do you think immigration would look more into that case or would they just look at how long I have been here for?

    I can see in the application form it does ask if I got a partner, if we live together etc. so I am a little nervous they will base their evaluation on that even though I am actually quite established and extremely happy here.

  2. #2
    Join Date
    Feb 2008
    Posts
    37,822

    Default

    Don't worry. All the part about proving partnership was the reason for granting your Residence, that had to be in place beforehand, during the application. Now you ARE a Resident, with just the same status as a Resident who came in under SMC, and can apply for PR two years after your Residence in the same way as everyone else. http://www.immigration.govt.nz/migra...quirements.htm

  3. #3
    Join Date
    Nov 2013
    Location
    New Zealand
    Posts
    14

    Default

    Thanks JandM, you are always so helpful

    The particular clause I was worried about is this part:

    have met any conditions that your resident visa was subject to under section 49(1) of the Immigration Act
    It doesn't state any conditions on the visa itself or the documents I received though, not even the fact that I possibly should keep them updated (haven't given them my new address yet). It only says the visa is not valid with expired travel conditions and I should make sure to transfer the visa when I get a new passport.

    I don't seem to be able to find if that clause applies to me... Hopefully they won't think much of it. I am single at the moment, so would obviously need to tick off ''never married'' in the application.

  4. #4
    Join Date
    Feb 2008
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    37,822

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    Section 49(1) isn't anything to do with you. Any condition would be written on a person's visa. Also, for Residence, that most commonly refers to the situation where someone has got some of their points when applying for Residence under the Skilled Migrant Category for having a skilled job offer - they are given their visa on condition that they take up the job they've been offered within three months of arrival in NZ, work in it for at least three months, and are still working in it when they go back to INZ to prove all that and get the visa changed for an unconditional one. So you see, you're over-thinking this. Honestly, nothing about having broken up with your partner will give you any grief for getting PR in due course. PR when going for the 'time in NZ' proof of commitment is extremely straightforward and quick. The only change there has been of recent times is to put in the character requirement in the top paragraph - there have been posts on the forum recently where people have jeopardised their chance for PR by getting convicted of drink-driving.

  5. #5
    Join Date
    Oct 2013
    Location
    New Zealand
    Posts
    2,283

    Default

    You have the Section 49 condition, because your partner had it (remain employed in NZ for 3 months) If the condition has been removed from his visa, it no longer applies to you either. You can, but don't need to get the visa label changed. You will qualify in your own right for PRV, after two years if you meet the requirement in on your own as J&M mentions

  6. #6
    Join Date
    Feb 2008
    Posts
    37,822

    Default

    If I'm understanding Rikkesimone correctly, though, that quote is from the regulation in the operational manual, where it applies only to anybody who has such a condition, not from her visa.

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