work visa of new partner with nz resident based on partnership category

[johndeer]

Hi Admin,

Two years ago I have applied my residency based on partnership category. Thankfully, I got my residency but my partner broke up with me last year. Now I found another women whom I want to settle down with and she has studied in nz and currently on open job search visa, her visa is expiring in march 2017. I will be completing my 2 years of residency in Nov, 2016. The question - if this new partner of mine holds eligiblity to apply for a work visa based on partner category with me. and what are the requirements and guidelines we need to comply with.

Thanks
John

[JandM]

This https://www.immigration.govt.nz/new-...s-visa-holders is the visa that your partner MAY be able to apply for if you meet the regulations, but it's not certain. See below.

There is a grey area in the regulations that you come under, so I can't point you to a clear answer. The difficulty may arise from your having been sponsored for residence so recently. The regulations about partners sponsoring for residence are very clear that they are not allowed to be involved in a second sponsorship (whether sponsoring or being sponsored) within five years, but it's not certain whether or not this "not within five years" also applies to work visas. If there is anybody out there who has checked this out and got the answer one way or the other, they haven't shared the knowledge, and I wish somebody would. Anyway, all I can tell you in answer to your query is that you need to ask INZ, and that you will probably need to ask to speak to a supervisor, because the telephone answerers are a human FAQ system who answer queries by referring to a data-base.

[JandM]

Another case has just come to my attention which clears up the confusion on this matter, because INZ refused someone a partner-sponsored work visa on the grounds that the partner would not be eligible to sponsor him for residence till the time-limit was up.

WF2 b iii here http://onlineservices.immigration.go...nual/40501.htm, which is about sponsoring for a temporary work visa, says that the NZ partner must meet the rules at F2.10.10 for being an eligible partner.

And F2.10.10 a ii here http://onlineservices.immigration.go...nual/46176.htm says that anyone who has previously sponsored a partner for Residence, or been a partner sponsored for Residence, cannot sponsor a new partner within five years.

[johndeer]

Thanks John very much, its been cleared now.

Regards
John

[vector11]

Hi admin,

I would like to ask about my situation i was previously sponsered by my partner and i gained residence in July 2013 and got divorsed in dec 2015. i am in relation ship with someone in overseas i want to bring my partner here. so i asked everybody and they said i have to wait for 5 years after i get my residence i understood that. but i ask immigration and agent they said i can bring partner after 4 years on temperory visitor or work visa. but u elligble to give resident visa to partner after 5 years. Is it true?

[JandM]

Here are the regulations. https://www.immigration.govt.nz/new-...ZL&applying=no

[vector11]

hi

Thanks for your reply but why immigraation is telling i can bring my partner after 4 years on temperory visitor or work visa i confirm with them 3 times and they said 5 years means u cannot sponser for permenant resident visa to ur new sponser. so they said after july 2017 i can sponser on visitor or work visa. is it true

Thanks

[JandM]

Click on 'Evidence' alongside 'Your partner's support', then look at the column on the right. Also notice where they say, '...we must first assess whether they could also support your residence application if you were to apply within 12 months of arriving in New Zealand.' I guess INZ are working on the idea that, in that last year of the five years' block, a person is GOING TO BE ABLE to sponsor a partner for Residence within a year.

[vector11]

Hi
Thanks for you reply so its correct then i am eligible sponser bcs in july 2018 i can sponser for partner resident visa and july 17 i can support for work visa as i obtained resident visa in 2013. Are u based in nz do u have any contact details i would like to explain you properly?

Thanks

[JandM]

No, I'm not in NZ. You can PM me if you wish, after you've made five posts on open threads.