Work visa (partnership) renewal question

[SA&V]

Hi all,

I’ve learned a great deal reading these forums over the past few years, though until now I’ve not had reason to post anything.

Here is our current situation: I hold a resident visa, my American partner holds a work visa (obtained through partnership with me) which will expire on 21 January; we have a three-month-old daughter who was born in NZ and is a New Zealand citizen. We all traveled to the USA for the holidays. While we were there our daughter’s health became unstable, nothing at all serious but she and my partner will have to remain overseas until the end of this month, spoiling our plan for my partner to apply for a new work visa from within in NZ in early January and meaning she will be outside the country when her current one expires.

We can see a few ways to proceed, each with some potential problems: 1) My partner, with our NZ-citizen daughter in tow, could travel back to NZ and request a visitor visa upon arrival at the Auckland airport, with the intention of immediately applying for a fresh work visa from within the country. But would she likely face any problems at passport control in Auckland, given that she has lived and worked in NZ for most of the past year? (just to be clear, she has no intention of picking up more work without an appropriate visa.) 2) While still in the USA, she could lodge a new work-visa application (either at the Christchurch INZ branch at the NZ embassy in Washington) and return to NZ while it is under consideration, again requesting a visitor visa upon arrival as a stopgap. Would this course offer any advantages beyond potentially accelerating the timeline to a new work visa? Under NZ immigration law, is this scenario legal (some countries forbid simultaneous applications for different visas)? And again, would it arouse suspicion at passport control? And 3) While still overseas, she could file a new work-visa application and simply remain in the USA until it is granted. This option seems the safest, but from our perspective it is by far the least attractive.

Have any of you found yourselves in a similar situation? What do those of you knowledgeable about local immigration law think we should do? Many thanks for sharing your wisdom!

[ChrisMwn]

interesting question. Some difficulties which ever way you go. She could face difficulties at the border, but the explanation is entirely reasonable. I'd make sure she has evidence to show that you have already returned, and that there was a medical reason for delaying her return.(and she will need outward tickets for herself (and daughter if not travelling on NZ passport)) if you apply off=shore they might question if you are still together, so be prepared with plenty of evidence that you are, and again the reasons for you not returning together.

[SA&V]

Thanks very much, ChrisMwn. We'll bear in mind those suggestions as work out what to do.