Aussie wishing to settle down in NZ with foreign partner

[Oz Mac]

I realize there are many threads with similar queries to mine, especially this one: http://www.enz.org/forum/showthread.php?t=43172, I have read a lot of info on these forums and the official INZ site, I have spoken with an immigration agent over the phone to New Zealand but I am wondering if there are are other options for our situation.

I am a dual Australian/ Polish Citizen wishing to move to NZ with his Polish partner. We met almost 3 years ago and we have been living together for over two years now in Poland.

I understand that I need to come over, get my NZ residency (via having current Oz passport) and establish myself by getting work and somewhere to live. The immigration agent told me that after I establish myself then my partner can submit the application in Poland and wait for approval, I asked him that if my partner came over with me whether she can apply onshore after I find work and somewhere to live but I understand that because some people have been known to overstay if they don't get approved, this is not possible to do. My partner has studied english for the last few years but she is not confident in working right away until she is exposed to the language everyday for a few months so a temporary work visa may be out of the question for her. So is there really no way for us to be together during these months while waiting for her visa approval?

I heard there is a variation to residence so that I could temporarily fly out of NZ and retain my NZ Residency. I would be happy to fly back and forth to Poland a couple of times to be with my partner while we wait for approval and help with submitting docs etc. but then I'm guessing I would lose my job in NZ and not be considered "established" any longer. Also I'm afraid there will be a "break" in our living together if we're living in separate countries, since immigration wants partners to be living together for 12 months continuously. I have income from investment properties in Australia which means I can support us in New Zealand at the start but I'm guessing this can not be a substitute for acquiring a job in the beginning.

Sorry for the pile of info I dropped but any help on how we can be together during this process will be greatly appreciated.

[ChrisMwn]

Not exactly the way I'd approach things. Assuming your partner is travelling on a Polish passport, they could travel to NZ on a visa waiver( need an outward ticket) . On arrival they would be admitted for 3 months which could then be extended. That should be plenty of time to lodge either a residence application based on your relationship., or a partnership based temporary visa application.

I'd assume that after two years living together you have strong evidence of living together?

Showing that you have taken up residence in NZ should not be too difficult either.

[JandM]

Your situation is one that falls between various rules, as you have seen laid out on the other thread.

The only thing that occurs to me, which I don't see mentioned in the other thread, is that your partner might think about entering NZ as a visitor (since Poland is a visa waiver country) on the "look, see and decide" basis. http://www.immigration.govt.nz/NR/rd...20June2014.pdf

A partner-sponsored temporary work visa has a misleading name. It is PERMISSION to live and work in NZ, but does not mean that working is obligatory. So your lady could perfectly well apply for such a visa with your support, which would need only around three months' evidence of partnership.

Your living in NZ can, as mentioned on the other thread, sometimes be accepted on the basis of your expressed intention, your arranging to send your goods, your renting accommodation ahead, etc.. It is probably worth contacting INZ to see if this can be so for you, because in that case, you could apply for the partner-sponsored temporary work visa from where you are (which can be processed much more quickly than residence), then you could take care of the residence at leisure when once arrived in NZ.

If partnership is established by solid evidence (and I hope you have seen the various old threads on this subject to give you inspiration), INZ can accept a gap in living together when it is for a solid reason (as might have to be the case for you, if you have to go ahead), as long as you show by e.g. phone records, emails, Skype how you have kept in touch, and that there continues to be financial interdependence during the break.

ChrisMwn is one of the LIAs who posts here, so you can trust what he is telling you.

[georginnes]

Hey Oz!
So my aussie husband and I were in the same situation and I was granted a work visa two days ago.
I entered New Zealand on Visa Waiver stating 'look, see and decide' which is totally valid as long as you're fully honest about it to the Immigration department since day one. I had a return ticket i didn't get to use in the end. We submitted my application one week before my Visa Waiver visitor visa expired. I was granted an interim visa two days after and after 7 days of having submitted my application i was granted a work visa.
Please note you really need to prove your intentions in NZ. meaning that you should follow all the steps to really settle in here. (open bank account, get a job, sign up for government stuff, get a flat, buy a car, etc etc etc). I got a full list of evidence of relationship we provided if you need it. PM me. I was planning to post my timeline later, anyways

[Oz Mac]

Thank you ChrisMwn, JandM and georginnes for your very helpful replies.

The most attractive method seems to be 'look, see and decide' on a Visa Waiver. Does this mean she will need all documents, references, qualifications etc. all from day one certified and translated? Also when I state to the Immigration Department our intentions from the start which are to settle in, rent a flat, get a job and open a bank account etc. after doing so will my partner then be able to apply for a resident partner visa onshore or only a work visa like georginnes did?

On entry will I be able to be with her when she gets questioned to translate some things for her? She can understand a lot but it may not be enough, especially if the border staff use complicated terms. How good will her english have to be? I'm also guessing that this method of coming into NZ is a risky way to do it because she might be denied entry, especially if she can't describe or explain something herself, we'll get sent right back to Poland. I suppose she can cram in an english course before we leave Poland to improve her chances of understanding.

To be safe do you recommend getting all police checks, doing the medicals etc. and also getting it all translated in poland for the potential partner visa we will submit after I get established? Can I do some stuff in NZ, since there is only three month validity on the medicals for example?

Also ChrisMwn, we have evidence from the past two years, I'm just hoping it's enough, otherwise we will postpone the trip and start collecting heaps of evidence starting now.

[georginnes]

Hey Oz!
The translations depend on many things. In my case I only needed to translate our marriage certificate and my police check and I used a spanish-english translator in Auckland (was cheaper translating them here than back home). My partner and I always speak english with eachother and all of our documents were in english.

You should also try to search for a Certified Polish-English translator. See if there are any here and if so, how much they charge. Based on that you could make a better decision on wether translating the docs in Poland or here.

About the airport arrival, that's up to you. I would not recommend to be that straight-forward. You don't need to explain your whole life to the immigration agent when he stamps your passport. I think that writing on your arrival card (given at the plane) 'look and see' or ' vacations ' that's it. No need to stress about it but no need to explain further either. Make sure she's got a return ticket before the 3 months expiry and that you both got some dosh in the bank .

Regarding her english. It is a MUST she is able to both speak and understand. Not only in case she gets questioned, but also for her to have a life in here. in order to get a job, make friends, etc etc. Probably you'll be working right away so you won't be around to help her get things done,
So yes, it'd be great for her to do some english course before coming.

The medicals i've got them done here for cheaper than back home too (i could recommend you the place if you want me to) and i got the results 1 day after.

I'll PM you

[JandM]

For length of time, two years' evidence of partnership is plenty, but it's the nature and variety of what you have that determine whether it's enough or not. See old threads. https://www.google.co.uk/#q=site:enz...tnership+proof It's important to establish firmly, at least 12 months ago for Residence, or at least 3 months ago for the temporary work visa, that you were both there at the same address, living together. You then need to provide "stuff" of all different kinds (see threads) to KEEP ON showing that you're both still there, sharing activities, receiving mail, etc., as the weeks go by. Overkill is good for this purpose. (Maybe parcel all this up and mail it to yourselves to be waiting for you in NZ.)

Your partner wouldn't need loads of formalities for the visa waiver entry itself. The need for evidence doesn't arise until she applies for either a temporary work visa or residence as your partner. (And yes, once your situation is sorted out as a NZ residence holder, you could sponsor her for residence directly, but it could take longer to process than the 3 months available on her visitor's visa, which is why people are talking about doing the temporary work visa first, because a) that is normally much quicker to process, and b) once a TEMPORARY work visa has been applied for, INZ automatically issue an interim visa to keep the applicant legal while it is being processed if their existing visa is about to run out, but they can't do that for a residence visa.)

[Oz Mac]

Thank you again for your help, a lot of things have been cleared up.

Just wondering, if my partner applies for a temporary work visa onshore while being there on a visa waiver/ "look, see and decide option does she have to have prospective employment at that point in time or can she look for work while on the temporary work visa? Also if she gains the temporary work visa how long are these valid for and will she be able to apply for the partner of a NZ resident visa while the temp work visa is valid?

To JandM we have plenty of photos, some letters to the same address, I have an ID card with my lady's address (which in this country you can only get printed on the card if the owner of the address on the card permits it, this being my partner or if you have a rental contract at the property, which doesn't apply to me), we have proof of holidays together, lengthy skype text conversations over three or four months (albeit in polish) dating back two and a half years ago when I had to return to Oz for a few months, text messages dating far back but fairly sparse since we prefer to call and talk instead. Do you think getting her boss to verify that I dropped off and picked her up almost every day from work for the past 8 months will help, can I get this certified and translated or is there no point? I have a client who has been coming to this address for the past 5 months or so for english lessons, would his statement help at all, he may even be able to write it in english. I'm beginning to put evidence together slowly but I think I need a whole lot more of it.

Also to georginnes if you do get the time to compile your timeline and process I would love to see it. I've seen other people's timelines and steps taken but having more for comparison and perspective will be a great help.

[JandM]

Just wondering, if my partner applies for a temporary work visa onshore while being there on a visa waiver/ "look, see and decide option does she have to have prospective employment at that point in time or can she look for work while on the temporary work visa?

No, she doesn't have to have employment, not for either of the visas mentioned. "Look, see and decide" visitor's gives a person PERMISSION to be in the country otherwise than JUST for a holiday - they have a perfect right to go to job interviews every day if they want, but they ALSO have a perfect right to take a look around and decide they don't want to work at all, or not yet.

Also if she gains the temporary work visa how long are these valid for

If you have been living together for 12 months or longer, we may grant you a work visa for up to a maximum of two years.

If you have been living together for less than 12 months, initially we can only grant you a work visa for up to 12 months.

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

and will she be able to apply for the partner of a NZ resident visa while the temp work visa is valid?

Yes, she can put in for Residence as soon as you like. When the Residence visa is granted, it will simply take over from the temporary visa, so it (the temporary one) ceases to be relevant and lapses.

Letters from the boss, and your pupil - yes, they are definitely relevant and helpful. Have you looked around on the other partnership threads? Think - invitations, photos of you, together, or each in the same place at the same occasion (recognizable building, or person in distinctive clothing, in the background) (ask around for any friends or relatives who might have shots including you at X's wedding, or the office party, or Y's barbecue, etc., etc., and add the dates and occasions for a spread of time - I have seen people suggest going out and taking photos with changes of clothes and your hair combed differently, shockandhorror...), odd bits of mail to each of you at the same address, insurance, club membership, employer or doctor or insurance company having the other one as person to contact in case of problems...

[Oz Mac]

Ok, it's almost everything I need to know to start preparing and be more confident that it will all work out alright.

BTW: Been dreaming of moving to NZ ever since I visited 10 years ago and twice since.

Thanks again for your help!