Partnership visa options

[tsunjeck]

Hi there, I got some questions regarding what to do next in order for me and my partner to stay in NZ together. Some background information:

1) I am currently holding an essential skill work visa and working in Wellington, submitted ITA in aug2016, still waiting for a CO to be assigned, my essential skill work visa finished in November so i will apply a new one in the next couple of days, in that right?

2) I met my partner back in December 2014 in Wellington, she was holding a student visa back then, then changed to post study open work visa in March 2015 that lasted a year until March 2016. During our time in Wellington, we didn't live together because we signed our tenancy contract before we met so we have to wait until the contract to finish before we can move in together. The bad news is she could not find any marketing related jobs in Wellington and only found a job in Auckland December 2015 where she moved up then applied and got essential skill work visa which is valid for two years (March16-March18). Technically, we have been together since December 2014 but we never live together, we do have travel photos, text messages, some flight tickets but since we are both working at different locations this year (me in Wellington, She's up in Auckland) we mostly have one way ticket to visit each other which cannot prove that we are "travelling together". What is the best solution after my residence visa get approved? Should I start looking for jobs in Auckland so I can fulfill the "live together for 12 months"? Is there any other partnership based visa that works for long distance relationship couple?

Sorry for such a long post, its my first time here. Thanks and Nice to meet you all!

[JandM]

Hello.

1) Yes, you will need another Essential Skills Visa. These days, SMC applications are taking 6 - 9 months to process for those with a skilled job, so there hasn't been enough time since you lodged yours for there to be a hope that it will be through in time.

2) Neither of you can sponsor the other for any kind of visa under partnership without showing proof that you have lived together. INZ is not allowed to recognize long-distance relationships. If, once you have Residence, she applies for a temporary work visa with you sponsoring her, it would only need three months' evidence of living together (old threads with discussion and examples which may be helpful), but with 12 months' evidence, she could apply for partner-sponsored Residence. One of you will have to move to be with the other.

[tsunjeck]

Hi JandM,

Thanks for your informative reply.

I just went to immigration office to ask about my work visa. They told me since my ITA is processing in the Auckland branch I will need to resubmit my work visa application with employer supplementary form and all the evidence. Well, I have two choices now, I can apply for a new essential skill visa just like how i did for the past 2 years OR I can apply for the Talent (Accredited Employers) Work Visa because the place where I work has just became an accredited employer.

My question is that can I apply the Talent (Accredited Employer) Work Visa while waiting for my ITA (under the SMC category)to be assigned to a CO? Will that in any way affects my ITA or Residence visa in the future since I have to hold the Talent work visa for 24 months before I can apply for residence?


Thanks

[JandM]

My question is that can I apply the Talent (Accredited Employer) Work Visa while waiting for my ITA (under the SMC category)to be assigned to a CO?

Yes, you can. There's nothing against having the two applications in at the same time.

Will that in any way affects my ITA or Residence visa in the future since I have to hold the Talent work visa for 24 months before I can apply for residence?

No. You've misunderstood the last part slightly. Holding the Talent visa for 24 months, and then applying under Residence From Work is ONE way of getting Residence, and applying under SMC (which you have already done) is ANOTHER way of getting Residence. Just because you have a Talent visa doesn't mean that you have to wait out the 24 months and get it by that route. Since you already qualify to apply under SMC, you can shorten the whole waiting time.

[tsunjeck]

Yes, you can. There's nothing against having the two applications in at the same time.
No. You've misunderstood the last part slightly. Holding the Talent visa for 24 months, and then applying under Residence From Work is ONE way of getting Residence, and applying under SMC (which you have already done) is ANOTHER way of getting Residence. Just because you have a Talent visa doesn't mean that you have to wait out the 24 months and get it by that route. Since you already qualify to apply under SMC, you can shorten the whole waiting time.

Thank you very much for your help. I shall put through my Talent visa soon Cheers!

[tsunjeck]

2) If, once you have Residence, she applies for a temporary work visa with you sponsoring her, it would only need three months' evidence of living together (old threads with discussion and examples which may be helpful).

Hey JandM, just wondering if my partner can meet the "three months evidence of living together" by using a visitor visa and live with me for three months then apply for partnership sponsor work visa? That should be possible right?

[JandM]

In theory, yes, but she would need to qualify for a visitor's visa. Don't forget that a visitor's visa is granted for particular reasons - it's not just a convenient 'well, I haven't got a job or any other reason, so I'll just have a visitor's' option. https://www.immigration.govt.nz/new-...tity/bona-fide

[hua]

Hi there,

My fiancé and I met in New Zealand, he's a New Zealand citizen and I'm a Singapore citizen. We're together for 2 years plus and will be getting married in January 2017. We're in a long distance relationship as I returned to my job in Singapore after my working holiday in New Zealand. I will be moving to New Zealand after the wedding. We have the following enquiries:

1. Singapore is one of the visa waiver countries. Can I enter New Zealand on that accord and apply for Partnership-Based Temporary visa when I'm in New Zealand? Or..
2. Do I have to apply for Partnership-Based Temporary visa before entering New Zealand?
3. If I need to, do I apply for work visa based on partnership or visitor visa based on partnership?
4. We are unable to live together due to work circumstances in different countries, nevertheless we're in a genuine and stable relationship (commitment to marriage). Thus, would "not living together" but being able to proof we're in a genuine and stable relationship satisfy the criteria of partnership?

Thank you for your time, greatly appreciate it!

[JandM]

4. No, definitely not, so...
3. You can't use either of those.
2. No, you can't.
1. This is one of those awkward ones. In theory, you might get stopped by the border control immigration officers and given a hard time if your whole story came out, whereas if you just went in as a holidaymaker you would sail past, though not telling the truth. See my previous post, and the link about bona fide reasons for being a visitor.

ChrisMwn, anything to suggest here? (He's an LIA.)

Another thought - are you maybe getting married in New Zealand? That IS an accepted bona fide reason for visiting.

[hua]

Thanks JandM!

We're signing the marriage certificate in Singapore. Would it help if we get it signed in New Zealand as well? If not, we were initially thinking of having the marriage certificate signed in Singapore legalised for use in New Zealand.

So it seems if it's better to enter with my visa wavier and not apply for the visitor visa based on partnership? If I enter with the visa waiver, I would need to proof a ticket out of NZ or..?

I left an enquiry with NZ immigration but have yet to receive a reply though :/