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Thread: Consequences of possible separation on work visa

  1. #1
    Join Date
    Jul 2013
    Location
    New Zealand
    Posts
    22

    Default Consequences of possible separation on work visa

    Hi everybody,
    I am working in New Zealand thanks to a 30 months WTR visa.
    Unfortunately things are not working well with my partner. :-(
    We are in a "de-facto" relationship.
    1) If we separate, should we inform the INZ?
    2) If we will have to live in the same house for some months, given that none of us can afford to move out now, is it still considered a "separation" by INZ?
    3) Does anyone know what would happen to my partner's Visa as a dependant?
    4) Would she be able to apply for Residency (I guess not)?
    Thanks a lot in advance!

  2. #2
    Join Date
    Feb 2008
    Posts
    37,835

    Default

    Once your partner moves out of the house and is definitely not coming back, the partnership would be considered at an end. Up to that point, your partner would still be being covered by the partner-sponsored work visa, unless either of you says anything officially. After that, she isn't a partner any more, so she will need to have some other kind of visa if she wants to go on living and working in NZ. If she is in a skilled job or has skilled qualifications, she could apply for a work visa or residence under SMC in her own right.

  3. #3
    Join Date
    Feb 2015
    Location
    New Zealand
    Posts
    5

    Default

    Hi JandM

    I have a quick question for you in regards to something similar. I have read other threads and some come quite close to my question but not quite so I thought to just ask you directly. About 2 years ago in an old thread you replied to someone who had asked a question about separation during residence visa by saying:

    "Once a person is granted Residence, they HAVE Residence, regardless of the reason they were given it in the first place, and can move on to Permanent Residence after a minimum of two years if they qualify for it in one of the ways mentioned on this last link Sun777 has given. In the case here, the partnership was proved in the past as the reason for granting Residence, but it doesn't have to be proved to be still in existence any more - the principle applicant IS a resident in his own right."

    So I'd like to ask if this is still valid today, in 2015? If the principal applicant is the partner (marriage) of a NZ citizen, holds a residence visa under partnership category can still get their PR if the relationship breaks off before the 2 year residence visa period is over? Is PR dependent on that relationship? Thank you in advance.

  4. #4
    Join Date
    Feb 2009
    Location
    Auckland
    Posts
    3,697

    Default

    Quote Originally Posted by Ayodhya View Post

    So I'd like to ask if this is still valid today, in 2015? If the principal applicant is the partner (marriage) of a NZ citizen, holds a residence visa under partnership category can still get their PR if the relationship breaks off before the 2 year residence visa period is over? Is PR dependent on that relationship? Thank you in advance.
    I suppose its still valid.

    Here is the link to the thread Ayodhya is talking about (in case anyone wants to have a look).

  5. #5
    Join Date
    Feb 2008
    Posts
    37,835

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    Ayodhya, I answered you on the other thread http://www.enz.org/forum/showthread....120#post512120 where you asked this question.

  6. #6
    Join Date
    Feb 2015
    Location
    New Zealand
    Posts
    5

    Default

    [QUOTE=JandM;512152]Ayodhya, I answered you on the other thread http://www.enz.org/forum/showthread....120#post512120 where you asked this question.

    Thank you JandM....I had technical issues and ended up asking the same question on this thread too.

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