Partner residence - can I apply?

[kami90]

Hi, I would like to apply for partner residence, my partner would support me. But Im not sure if I can.. I had previous relationship and my ex supported my partnership visa, we got married, but after few weeks something happpend and I left him, canceled visa and applyed for my own visa. We have been separated for 2 years now. My question is if I can apply for residence or partnership visa if I'm still married? We have been living together with my partner over 12 months and have everything to prove our relationship. Thank you for answer.

[David12345]

It is very unlikely immigration will grant you a partnership based visa if you are currently married to another person, and not telling them would be considered "withholding information" which is a big black mark on your name if they find out. You would be eligible to apply for a partnership based residence visa if you can produce 12 months of evidence that you and your partner are in a genuine and stable relationship and have been living together for 12 months (or close to 12 months as i have just learned).

[JandM]

This is a bit of a grey area.

Being married to someone else is not an absolute stop to getting a partner-sponsored residence visa supported by a later partner. It's only a complete block if you have married or taken on a civil union with the second partner (which would of course be illegal). F2.5 d iii here. http://www.immigration.govt.nz/opsmanual/46503.htm

There is another question about this which MAY affect you - I've been hunting through the regulations but can't find an answer. INZ won't allow a NZ partner to sponsor a second person for any partnership visa within five years after they previously did so http://www.immigration.govt.nz/migra.../nzpartner.htm. I have a feeling that possibly, you may not be allowed to be a sponsored partner again, within five years of the first visa you had. Like I said, I can't find any regulation about this, but I feel it would be a good idea to check with INZ yourself before going to all the trouble of preparing an application. If you get an answer, could you please be kind enough to share it here, for the benefit of other people who might have the same question?

[larrykiwi]

see F2.10.10
http://www.immigration.govt.nz/opsmanual/46176.htm
I think this applies only if there was a successful Residence application within 5 years.
Did you get Residence visa or temporary visa in your previous supported application?

[JandM]

see F2.10.10
http://www.immigration.govt.nz/opsmanual/46176.htm
I think this applies only if there was a successful Residence application within 5 years.
Did you get Residence visa or temporary visa in your previous supported application?

That link is talking about the NZ partner, not the foreign partner who is going to be sponsored, though. And the thing I can't find, though I have a feeling it MAY apply, is a regulation saying that if the foreign partner has been sponsored before, they can't be sponsored again by someone else within five years.

[kami90]

Hi, I had before just partner work visa and then applyed for my own work visa. Im going to see lawyer so I will let you know. Thanks a lot for your help