Working visa - partnership in family visa

[Candy1009]

Hello everyone,
I got married last august 2014 which is around 3 months and my husband is an Indian citizen working in New Zealand (holds residency visa, not PR yet as one more year time period is left for him to get). Another thing is I am pregnant by 3 months and live in India. I am planning to apply for work visa based on partnership.

1. I am worried if there is any chance for my visa to get rejected just because of the reason that I am pregnant?
2. Also, I got my general medical check up but I didn't undergo chest x-Ray as there was exception for pregnant ladies to drop the X-ray part. Will that reason increase the chance for my visa to get rejected or hold on till I get my baby get delivered in India? I am so much worried on these terms as we want to be together as soon as possible in New Zealand. Please give me your input.
3. Next, I will be sending a photocopy of my husband's passport where the residency of New Zealand visa has been stamped. But, in addition to prove that my husband has public aided fund for maternity, what kind of evidence should be submitted? Your reply is highly appreciated. Thank you.

[JandM]

You are going to need to provide evidence that you and your husband have lived together for at least two to three months before you can get a partner-sponsored visa. How long can you prove?

The fact of being pregnant is not a hindrance to getting a visa if you qualify in all necessary ways. When it comes to being eligible for maternity care under the NZ Health Service, it is just a matter of showing your husband's visa status, as he is your partner and the baby's father. http://www.health.govt.nz/new-zealan...nancy-services If your baby is born in NZ, since your husband is a NZ resident, the baby will be a NZ citizen from birth.

[Candy1009]

Firstly, thank you JandM for replying. And To prove that we are in relationship, I have our
1. Marriage certificate and we got married on august 24, 2014. It's nearly three months by now.
2. His name added as spouse in my passport, also we both have the same residential Indian address in the passport.
3. My Indian bank account has same address as in d passport.
4. Wedding pictures, random pictures taken together.
5. A letter from my friend and one from my sister.
6. Screenshots of Facebook pictures where we are together and the comments.
7. Screenshots of Skype call
8. Screenshots of email exchange at present and some series even dated from the end of year 2011. That's all I could think of, will these be enough?

And could you please answer to my second question, will any issue arise for not taking chest X-ray ? I have taken only the general medical checkup excluding the X-ray. Because, the physician who examined me said " you might not get the visa since you are not submitting the x-Ray and the immigration might ask for the chest x-Ray again to you or they will give you visa after you deliver the baby here so that you will be able to the undergo the x-Ray". This is the part that freaked me out. Because my due date is June 3, 2015 and this is not fair for me and husband stay apart for a long period. Also, I asked the physician to give a special report stating my pregnancy and he said it is not required. But added that he have mentioned in the general medical certificate that I am pregnant and also the period of pregnancy that it is 3 months. Is that alone enough? or can I include a report from my personal gynaecologist confirming my pregnancy?

And thank you so much for clearing the doubts. And good to know the baby gets citizenship and all we want is the baby to be born with the care of its father right from birth and I definitely need his care during this pregnancy time. Would be glad if we get united somehow.

[JandM]

I'm sorry, but I think you haven't completely understood INZ's position about partnership.

The emotional bond between two people is NOT what INZ will consider at all (because that cannot be proved, and there are many people who pay NZers to lie for them to get them a visa, so they refuse to look at anything except what there can be actual evidence for).

They only count the time when the two people can prove they have been living together in one home. They will not count all the time since you have been married, and all the time you have been pregnant, because your husband is not with you now.

This is why I asked you this - how long was he with you, living together, before he went back to New Zealand?

They probably will not count the time covered by your Skype calls etc., if there was not a substantial period of time before he left.

The fact of your being pregnant, or your feeling that it is not fair you should be apart, are not taken into account at all. There has to be enough time - a block of time - when the two of you are together somewhere, for INZ to be able to grant the visa.

[Candy1009]

Ahhh, understand it now and sadly the time period is less. He came to India like one month before the marriage and I moved in wid him only after my wedding. His stay after the wedding would be around only a month.
Does our relationship period count here? Our relationship is more than 3 years by now since it had started around May 2011 and he left for nz during September of that same year. If you say about evidences, I can't think of anything other than our online contact like texts and calls. I can provide all these things and I had sent him birthday gifts like three times during his stay in New Zealand from September 2011 to June 2014. I don't really have the recipt for it. But he have the packaging and slip wid him in nz. How can I prove the relationship.
He had been in nz all these years and we were still in a stable relationship all this time. and he came to India only for wedding in august 2014.

[Candy1009]

Or can I apply for a visiting visa n go to New Zealand and spend time wid him? Will they grant me that ? I am asking this because I am pregnant. Will they give ordinary visiting visa to pregnant ladies?

[JandM]

Does our relationship period count here?

No, it doesn't. Anything before you were living together helps to show that you have feelings for one another, but feelings alone don't count for INZ. For INZ, your *partnership* starts at the time of your marriage, when you began living together, not before. It is not worth trying to find evidence from before August, 2014 when you moved in together.

Here http://www.enz.org/forum/showthread....738#post508738 is a recent post where I told someone about old threads where people talk about the kind of evidence that can be used to show partnership. I think both of you should keep collecting evidence that you are still in touch, and any financial arrangements between the two of you, etc., in the hope that some time, this can be added on to the one month you can show after you were married, but I'm afraid it is not going to be enough until you can spend more time together to add on to it.

I don't know whether you would easily be granted a visitor visa - not because you are pregnant, but because the idea of a visitor visa is that the visitor will be going back to their original country, and obviously in your case, your aim is NOT to do that, but to stay with your husband in NZ.

[Karen Phillips]

If you apply for a Partnership-based Visitor Visa (using forms INZ1198 and INZ1146), this can be issued on the basis of your partnership even though you haven't lived together for very long. It isn't a certainty, but the need to prove that you have good reason to return to your country is not part of this process in the same way. You would need your husband to sponsor you with an INZ1025 form, provide all the evidence you have and explain that you want to be with your husband in NZ while you are pregnant and when baby arrives. You aren't eligible for either a Partnership-based Work Visa or a Visitor visas as a tourist, but this could work. I have clients whose applications in similar circumstances have been granted. Once you have lived together in NZ fro a few months, you could then change your visa to a Partnership-based Work Visa if you want this.

[Candy1009]

Thank you. JandM and Karen Philips. I am at present on getting the maximum evidences I can provide to prove our relationship. I will let you know what happens with my case right next. And I have a doubt with sending the documents along with the visa form. It is said that we must send certified copies of all the original documents. What does that exactly mean? Am I supposed to get the copies self attested or notary certification or gazetted certified?

[Karen Phillips]

A certified copy is when you take the original to a solicitor or similar. This person makes a copy and then signs and adds an official stamp to say it is a true likeness of the original.

Thank you. JandM and Karen Philips. I am at present on getting the maximum evidences I can provide to prove our relationship. I will let you know what happens with my case right next. And I have a doubt with sending the documents along with the visa form. It is said that we must send certified copies of all the original documents. What does that exactly mean? Am I supposed to get the copies self attested or notary certification or gazetted certified?