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Thread: spouse visa. complicated relationship

  1. #1
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    Default spouse visa. complicated relationship

    Hi. My husband and I got married in may 2014. We had a kid Oct 2014. We met in June 2013. Lived together from July 2013 until April 2015. Then I left to come to America my home country , with my son for a better life . He is in rome. I have new zealand citizenship by descent . My son is now with his father in Italy. I am in california, my hometown . I want all of us to go to new zealand asap. How do I begin this process. I also have little evidence such as document proof of us having lived together for a majority of the time . Only because it was umformal. help please. What's the first paper I fill out etc. Researching it I just get confused

  2. #2
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    Letting you know I have seen this when about to go offline. I'll be back later with some suggestions.

  3. #3
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    Just to point something out that might need more attention then you think at the moment. I know that because my partner is also a citizen by descent.

    If your child was born overseas (to a citizen by descent), your child is not and can not be a NZ citizen by descent.
    You will have to apply under a special provision where you have to show that the child has ongoing links to New Zealand.

    Citizenship by Descent


    What is a citizen by descent?
    Citizenship by descent is the kind of citizenship people get if they are born overseas to a parent who is a New Zealand citizen. The parent needs to have got their own citizenship by being born in New Zealand or being granted citizenship prior to their child's birth.

    The only difference between citizenship by descent and citizenship by birth or grant, is that if you are a citizen by descent and have your own children overseas, they will not be citizens.
    https://www.dia.govt.nz/Services-Cit...t?OpenDocument


    What options are there if a citizen by descent has a child overseas
    If you are a citizen by descent and have had a child overseas (and your child’s other parent is also not able to pass on their New Zealand citizenship) you can apply for a grant of citizenship for your child through a special provision.

    You would need to show that your child has an ongoing link with New Zealand. For information about how to apply for citizenship under this provision please contact us.
    In terms of getting a visa for your partner JandM will probably know best what to do in your situation but its not that difficult as you might think. Check out this link with a good summary of what you would need to provide.

    http://www.immigration.govt.nz/migra...milystream.htm
    Last edited by ice; 12th February 2016 at 05:15 AM.

  4. #4
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    Quote Originally Posted by JandM View Post
    Letting you know I have seen this when about to go offline. I'll be back later with some suggestions.


    thank you. I appreciate it greatly . I guess now my husband and son are moving to albania because my husband can't find work in Italy . . He is from albania . I need to save them as soon as possible.

  5. #5
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    Quote Originally Posted by ice View Post
    Just to point something out that might need more attention then you think at the moment. I know that because my partner is also a citizen by descent.

    If your child was born overseas (to a citizen by descent), your child is not and can not be a NZ citizen by descent.
    You will have to apply under a special provision where you have to show that the child has ongoing links to New Zealand.



    https://www.dia.govt.nz/Services-Cit...t?OpenDocument




    In terms of getting a visa for your partner JandM will probably know best what to do in your situation but its not that difficult as you might think. Check out this link with a good summary of what you would need to provide.

    http://www.immigration.govt.nz/migra...milystream.htm


    It's ok if he doesn't get citizenship. I just want all of us together there for a better life . I don't like America . And albania is far from safe.

  6. #6
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    I assume your husband/son are on Albanian, not Italian passports, so cant just arrive as visitors? You are going to need some evidence of your relationship (apart from your son), and your intention to live together, even if you cant provide evidence of living together.

  7. #7
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    Your husband can look at applying for a partner-sponsored work visa, to start with. http://www.immigration.govt.nz/migra...milystream.htm We know from other people's applications that INZ take it seriously when people can show evidence of living together for at least three months.

    HOWEVER, notice that they prefer it if the living together has been just before the application, because they are always ready to suspect that a relationship has broken up whenever partners stop living together, so if there is an unavoidable gap, the applicant needs to show a good reason for it - work or study commitments, visas expiring, etc. - and evidence of how they kept in touch in the meantime - e.g. phone records, emails, Skype, financial links between you. Marriage and having a child are not evidence of partnership in themselves. Besides the INZ link given above, here are some old forum threads discussing this, that will give more explanations and more ideas of what you can use. https://www.google.co.uk/#q=site:enz...tnership+proof

    For your son, this is one possibility, once you show that you are living or going to be living in NZ. http://www.immigration.govt.nz/migra...ed/default.htm

    Otherwise, you may need to apply for a visitor's visa for him, if you can't readily get the declaration that he is a NZ citizen as mentioned above. You fill in the form as if you were the child, then sign at the end as the parent on his behalf. Give a letter explaining that he is going to be living with his NZ citizen mother, then the resulting visa does not require him to leave. (Children who are under 5 get granted these visitor's visas as a special arrangement. Once they reach 5, they need a student visa.)

    ChrisMwn, can you think of any other angles?

  8. #8
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    My son has an American passport . But he was born in rome. His dad has an albanian one yes. So it is hard for him to even come to the states to visit . We don't have any evidence ... apart from the documents of when we were all living in Italy and my son's birth . Some skype conversations. But not much

  9. #9
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    Thank you jandm. Your amazing . So my husband has to fill this firm out, I don't ?


    don't have to be in new zealand yet for him to apply and be granted the partner work visa do I ? Because we want to apply now . But I can't move until June ish..


    Ps you husband was illegally in England when I met him . And he attempted to go back a year later after he'd left and got deported after 3 months... hope this doesn't effect it too much
    Last edited by eroszabelaj; 12th February 2016 at 12:31 PM.

  10. #10
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    Ok I read all the info on the partner work visa . I think I got it down . But how do I explain why I had to leave italy. Can I attach a letter saying there was no work for me. And I had to come home and work ?

    And for the documents I have proving we lived together in Italy , can I translate the Italian documents my self or does it have to be professionally done ?
    Last edited by eroszabelaj; 12th February 2016 at 12:43 PM.

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