What visa should my girlfriend get?

[Jackkkk]

Hi everybody

I need some advice on what my next step should be. Here is the situation.

I applied NZ residence through SMC with my ex-girlfriend. I was principal applicant, she was secondary applicant. unfortunately we broke up after we got residence visa.

Now I am seeing a girl from my country, she is not in NZ. if she and I get along very well and get married, what kind of Visa she can apply? so she can join me.

[Jackkkk]

I checked some information from NZ immigration website, I am quite confused.

according to Partnership-Based Temporary
Visa Guide (NZ 1199) page 3, Additional requirements for
partners who are New*Zealand
citizens or residents (http://www.immigration.govt.nz/NR/rd.../0/INZ1199.pdf), it seems I can support my new partner to get a visa and don't need 5 year elapsing.

but according to the definition of An eligible supporting partner (http://www.immigration.govt.nz/migra.../nzpartner.htm ), I need to have 5 years elapsing then i can support my new partner to get a visa.

[JandM]

Looking at the Guide, I don't know where you got the impression you need not wait five years. In several places, it mentions that people in variations of the partner system cannot support another residence application for a new partner until after five years have passed. See my bolding.

Additional requirements for
partners who are New Zealand
citizens or residents
If your partner is a New Zealand citizen or
resident and you wish to apply for a work visa,
your partner must be eligible to support a future
Partnership Category residence application.
To be eligible to support an application for
a residence class visa under the Partnership
Category, the New Zealand partner must:
•
meet the character requirement for partners
supporting applications made under the
Partnership Category, and
•
have not previously supported more than
one other successful principal applicant
under the Partnership Category, and
•
have not supported any other successful
principal applicant under Partnership Category
in the five years immediately preceding the
current application, and
•
not have included any other successful
secondary applicant partner in a residence class
visa application in the five years immediately
preceding the current application, and
•
not, in the seven years before the application,
have been the perpetrator of an incident of
domestic violence which has resulted in the
grant of a resident visa to a person under the
category for victims of domestic violence.
If the New Zealand partner was previously a
successful principal applicant under Partnership
Category then they will be considered to be
eligible only if:
•
at least five years have elapsed since they
were granted residence under the Partnership
Category at the time the current application
is made, and
•
they have not supported any other
successful principal applicant under the
Partnership Category.
If the New Zealand partner was granted
residence as a secondary applicant partner
in a residence class visa application then they
will be considered to be eligible only if:
•
at least five years have elapsed since they
were granted residence as a secondary
applicant partner, and
•
they have not supported any other
successful principal applicant under
the Partnership Category.

[Jackkkk]

Thanks JanM. I understand that i am not able to support my girlfriend to get a residence visa. but can i support my girlfriend to get work visa??

if i understand right, i can support my girlfriend get a work visa, right? see the below (copy from Partnership-Based Temporary
Visa Guide (NZ 1199)),

partners who are New*Zealand
citizens or residents
If your partner is a New*Zealand citizen or
resident and you wish to apply for a work visa,
your partner must be eligible to support a future
Partnership Category residence application.
To be eligible to support an application for
a residence class visa under the Partnership
Category, the New*Zealand partner must:
• meet the character requirement for partners
supporting applications made under the
Partnership Category, and
• have not previously supported more than
one other successful principal applicant
under the Partnership Category, and
• have not supported any other successful
principal applicant under Partnership Category
in the five years immediately preceding the
current application, and
• not have included any other successful
secondary applicant partner in a residence class
visa application in the five years immediately
preceding the current application, and
• not, in the seven years before the application,
have been the perpetrator of an incident of
domestic violence which has resulted in the
grant of a resident visa to a person under the
category for victims of domestic violence.
If the New*Zealand partner was previously a
successful principal applicant under Partnership
Category then they will be considered to be
eligible only if:
• at least five years have elapsed since they
were granted residence under the Partnership
Category at the time the current application
is made, and
• they have not supported any other
successful principal applicant under the
Partnership Category.
If the New*Zealand partner was granted
residence as a secondary applicant partner
in a residence class visa application then they
will be considered to be eligible only if:
• at least five years have elapsed since they
were granted residence as a secondary
applicant partner, and
• they have not supported any other
successful principal applicant under
the Partnership Category.

[JandM]

No, you can't.

Look, this is from the part that you have just quoted yourself. You do NOT meet the requirements to sponsor another partner for anything, until five years after you previously supported your first partner.

To be eligible to support an application for
a residence class visa under the Partnership
Category, the New*Zealand partner must:
• meet the character requirement for partners
supporting applications made under the
Partnership Category, and
• have not previously supported more than
one other successful principal applicant
under the Partnership Category, and
• have not supported any other successful
principal applicant under Partnership Category
in the five years immediately preceding the
current application, and
• not have included any other successful
secondary applicant partner in a residence class
visa application in the five years immediately
preceding the current application,

[SkyLight]

If I understand correctly, this statement--

"If your partner is a New Zealand citizen or
resident and you wish to apply for a work visa,
your partner must be eligible to support a future
Partnership Category residence application."

-- shows that even if she will apply for a work visa (for now), you (a New Zealand resident) *still* needs to be eligible to support a *future* residence application. Which means the guidelines apply to you as well.

Just my two cents.. Not 100% sure though.

Edited to add: JandM already replied. I guess I understood it correctly after all

[Jackkkk]

Thanks JandM. it is helpful.

So that means even my girlfriend and I get married and have babies, we are not able to be together, right?

This is inhumane.

[JandM]

You can't sponsor her for a visa until five years has gone by, no. You would be able to sponsor her after that.

If your girlfriend has skilled qualifications, she can get a visa in her own right.