SMC visa with a partner - partnership evidence problem

[julie-h]

Hello everyone

I would need some advice upon our situation:
My partner and I came in NZ a few months ago and we quickly decided to apply to a smc visa, my partner as the main applicant and me as a partner.

Now, our application has just been assigned to a case officier (Yay!), but here's the problem: the partnership evidence is insufficient. It's the "12 months living together" that causes the problem. We do live together for more than 2 years now, alternatively in each other one's place, but at that time we were both students and we actually don't have any documents that can prove it. We have letters of support from friends and close relative, and apparently they are taking into account, but only for the "genuine & stable relationship" part.
We have a common tenancy agreement since January, but it covers only the last 6 months. If we stay like this, we will end reaching a one year relationship on the same tenancy agreement, but I won't be able to make it, as my current visa expires in October.
I begin to feel very anxious about the fact he could stay and I would have to live (and never achieve the "1 year living together" evidence)

So here are my questions:
- I believe that not being able to prove we were living together for 1 year won't affect his ability to get a smc visa; only mine. Can you tell me if I'm right or wrong here?
- I cannot find a way to make it through for me. In theory I could leave the country at the end of my visa and return just after under a holiday visa for the 3 months remaining to prove the "1 year living together", but I just hate that kind of scheme and I would kinda feel outlaw... Do you see any other options I missed?

Thank you guys for your attention and support
Julie

[JandM]

Does your partner have a skilled job in NZ at the moment, and if so, what sort of visa is he on? This makes a difference to the answer to your question.

[julie-h]

Hello JandM,

He currently has a skilled job since 6 months and for the next 3 months (until the end of our current visa). We are both on a working holiday visa.

[Karen Phillips]

You could look at withdrawing your name from the residence visa now - so it isn't "refused" and then apply for a Partnership-based Work Visa (only needs 3 months of evidence). Then in a 6 months' time you could apply for residence. I would talk to your case officer and see what s/he recommends.

[JandM]

Okay. Don't worry - there are ways round this.

If they can't accept your evidence as showing the 12 months, then he will probably be told he has to accept removing you from the application so that his Residence can be put through. It is no more complicated than just telling the CO that he agrees.

Meanwhile, you can apply for a partner-sponsored temporary work visa. http://www.immigration.govt.nz/migra...milystream.htm You can do this based on your partner's work visa. You will get a visa that allows you to work at any job you are offered, skilled or not. This visa will match his work visa for time, and it will give you the chance to collect the extra evidence you need to get up to your 12 months. Then, whenever his Residence comes through, you will be able to apply for partner-sponsored residence. http://www.immigration.govt.nz/migra...r/howdoiapply/

[JandM]

Given the timing, you might need to apply for an extra partner-sponsored temporary work visa based on his residency, before you get up to the partner-sponsored residence.

[julie-h]

Karen: Yes indeed, this is something we are going to discuss shortly with our case officer in the incoming days. Thank you for the partnership-based work visa tips, I didn't see the 3 months evidence!

JandM: Ah I'm sorry, I forgot to mention we both currently have the same working holiday visa, they expire both at the same date (October). So he actually doesn't have a work visa that last longer than mine. But I think I got your point

Thank you so much both of you for your advice and for reassuring me ! Looks like as you said, I will be removed from the main application and ask for a sponsored-based work visa, and once we can provide 1 year evidence I could apply on the residence one.

I'll post news when I'll have some

[JandM]

Then he MIGHT need to get a work visa to tide both of you over till his residence comes through. But like Karen says, talk to the case officer, who will advise on the timings.