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Thread: Work Visa Under Partnership - What's happen if relationship breaks up ?

  1. #1
    Join Date
    Nov 2014
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    Auckland
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    Default Work Visa Under Partnership - What's happen if relationship breaks up ?

    Hi There,

    I've found this post about my questions but it doesn't really answer to them.

    I'm currently holding a Work to Residence Visa. I've been working for an Accredited Employer and my job is on the long term skill shortage list.

    Thanks to this VISA, I've sponsored my partner and he is now holding an Open Work Visa under partnership, valid until the end of mine (May 2016).

    My partner works as a carpenter/builder but he doesn't have any recognised qualifications. Also, he is contractor and has never worked for a company (he doesn't have any official payslip). Every weeks, he sends a 'kind of bill' to his boss and apparently, his boss pays the taxes for him.

    I'm planning to move back to Europe but he doesn't want to. We will probably end our relationship and so, I was wondering
    - if he was allowed to keep his VISA even if he get it through mine
    - if he was eligible to another one ?
    - if he has to apply under another one ?

    Do my questions make sense ?

    Many thanks,

    Maureen

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

    Default

    Any work visa based on someone's job depends upon having that job. If you give up your job, your visa ends.

    Your partner's visa depends on your visa. When you give up your job and your visa ends, his visa also ends.

    Looking here http://skillshortages.immigration.govt.nz/ I see that various kinds of carpenter are on the skills lists, and that five years' experience can subsitute for formal qualifications, so there MIGHT be a way for him to get a visa in his own name. However that would depend on his job, and it sounds from what you say as though right now that is not organized on a normal basis. That boss would probably not be happy for INZ to check what he is doing.

    Anyway, if he wants to stay in NZ if/when you leave, he could only do that by getting his own visa.

  3. #3
    Join Date
    Oct 2013
    Location
    New Zealand
    Posts
    2,283

    Default

    Sounds more like you partner is working as a contractor, and providing invoices to his "employer". he may be bale to get an essential skills work visa on this basis and also possibly PR under SMC rules. Its a bit tricky and he's be wise to get proper advice.

  4. #4
    Join Date
    Nov 2014
    Location
    Auckland
    Posts
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    Default

    Thank you for your answer.

    I knew if I would give up my job, my visa would end but I was not sure about my partner's one.

    In his visa/conditions, nothing regarding my visa is notified, so, I thought he could keep it.

    Once I advise Immigration, how long does he has to find and change his visa ?

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

    Default

    you don't actually need to advise INZ at all. It will become your partners responsibility to advise of a "change of circumstances", if you break up and you leave the country. Normally in such cases INZ would do nothing if the visa only had a month or two to run, and they would give him perhaps 4-6 weeks to lodge a new visa application based on his "employment".

  6. #6
    Join Date
    Nov 2014
    Location
    Auckland
    Posts
    3

    Default

    He will have more than a year left until the end.

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