possible to get temporary work visa while waiting for residency?

[tomsurf]

Hi everyone,

Thanks for such a great forum. I've found it really useful looking at similar queries that I have come across….

I've applied for a partner based residency visa and looks like it will take a while to be processed…

I have a few questions…. Our situation has changed a little since applying for residency. We work on a yacht in the Med. for the summer and were planning on quitting and moving to NZ this November/December. We have had too good an offer to turn down so have decided to do another season next year. However I've already applied for my visa which if it takes as long as they quote won't be ready till December/January all things going well…
We are currently in Europe (my wife is a Kiwi) and we would like to go to NZ around late October.

So what I'd like to know is:

1) is it possible to apply for a temporary work visa while I'm applying for a residency visa?

2) how much time do I have once I get a residency visa to 'activate' it and meet the requirements to become a permanent residence? i.e. will I be able to 'start' the residency visa next November when we move there?

Many thanks for any advice, all is appreciated.

[JandM]

1. I don't know. I think you'll need to ask INZ that one. I've never heard of anyone doing it, but people can get temporary work visas while having Residence under SMC visas processed, so it may be possible.

2. When you're told you're approved for Residence, you only HAVE to pay the Migrant Levy and send your passport for the visa sticker to be put in six months after the notification. Once you have the visa, you have another 12 months before you HAVE to activate it by arriving in NZ and getting it stamped upon arrival. (There is NO leeway allowed with those dates, so make absolutely certain when booking your travel that you go at least a week before the date on the visa, as any delay on the journey, even if not your fault, could mean that the visa had lapsed, then you would not be allowed entry.)

Now I've had a further thought - that is the situation when getting Residence under the Skilled Migrant Category. I am assuming it's the same for the partner-sponsored version. Anyone who has done this, can you contribute, please?

Sorry not to be more definite.

[Sun777]

1) is it possible to apply for a temporary work visa while I'm applying for a residency visa?

I think yes. When our SMC visa was being processed and we hit MA hurdle, our CO at that time suggested I could apply for "Work Visa" in case I had a job offer from NZ employer. I don't know if it applies to Temporary Work Visa but it sounds like a possible option. I would definitely double check with INZ.

[JandM]

What I'm wondering about is if this still applies when the visas in question are partner-sponsored ones. That's what I haven't ever seen anyone say they have done.

[Karen Phillips]

If you have applied for a partnership based residency visa in the UK, then I very much doubt it will take as long as you think. My clients are getting them through in 2 - 3 months. Has your wife been living outside of NZ for more than 5 years and have you been partners for more than 5 years? If so, and if you have provided evidence, you can go straight to permanent residence and your visa will be valid before you ever set foot in NZ. If your partner has been out of NZ for 2 years or more, your application will be prioritised. However, if you need to go to NZ before it is finalised, three is no reason why you shouldn't apply for a work visa as others have said.

[Sun777]

What I'm wondering about is if this still applies when the visas in question are partner-sponsored ones. That's what I haven't ever seen anyone say they have done.

Ah! got it.

[tomsurf]

Thanks for your reply. I've searched the INZ website but cannot find anything that talks about getting permanent residence if we've been together for 5 years or more and if my wife's lived outside NZ for over 5 years? Where did you get this information from?
Many thanks

[Karen Phillips]

Hi. Here's the link - http://www.immigration.govt.nz/opsmanual/46503.htm. See F2.5.1. I have done this successfully for several clients over the years.

[tomsurf]

Thank you. I don't think I qualify for that as we've been living in NZ for 6 months of the year the last 2 years. Thanks for your help!