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Thread: Transition from a partnership work visa after the relationship has ended... HELP!!!

  1. #1
    Join Date
    May 2015
    Location
    New Zealand
    Posts
    11

    Default Transition from a partnership work visa after the relationship has ended... HELP!!!

    Hi everybody. I am a Kiwi and I was in a relationship with a South African guy until about 3 weeks ago and he had a work visa under partnership. It is valid until November 23 this year. He thought the best thing was to tell immigration that the relationship had ended but that seems to have been the worst thing to do! He has a full time job on a farm. Now INZ is telling him that he is in breach of his visa conditions if he carries on working BUT he is still on that visa until he applies for an interim work visa and THEN an Essential Skills Work Visa.

    This doesn't make sense to me!! How can they possibly expect someone to just stop working for their employer for up to 30 days (or however long it takes to process a visa) when they have to have money for food and bills etc!

    The other thing that I am confused about is the fact that he already has a job and now by applying for the Essential Skills Work Visa - they want him to get a job offer? But he's already got the job? How is that going to work? Does his boss have to advertise the position now?

    Despite the relationship being over, I really care about my ex-partner and I really would like to be able to help him in some way. Please if anyone has any advice/help, anything, it would be greatly appreciated.

    Thanks in advance!

    Rebecca

  2. #2
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    I'm sorry that your ex-partner is in a difficult situation, but it happens to a lot of people. The law is hard, and doesn't take account of decent people being uncomfortable because of it.

    This doesn't make sense to me!! How can they possibly expect someone to just stop working for their employer for up to 30 days (or however long it takes to process a visa) when they have to have money for food and bills etc!
    It doesn't have to make sense. It's the tail end of the law that doesn't allow anyone without a visa, e.g. a years long overstayer, to work. Someone on an interim visa can go on working if they're between two visas of the same sort - that is, if they'd already got a work visa for a job on the grounds of the work. But your ex-partner had his previous visa on the grounds of your relationship, that is, as a favour to you, a NZer, and his necessity to the NZ work-force (or not) still has to be investigated.

    The other thing that I am confused about is the fact that he already has a job and now by applying for the Essential Skills Work Visa - they want him to get a job offer? But he's already got the job? How is that going to work? Does his boss have to advertise the position now?
    As just said, he had his open visa because of you. Now the employer has to show that there isn't some native NZer or person with a Residence visa that could do the job.

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