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Thread: 2 Questions.. Breach of conditions & partnership visa

  1. #1
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    Default 2 Questions.. Breach of conditions & partnership visa

    This is very complicated, my sister in auckland has been in a relationship with an Indian guy for over 2 years but he has breached the condition of his study visa.

    He has been in auckland for 4 years and originally came to study. He also worked at a retail store and still does but when he was studying they asked him to work extra days and because he didn't want to disappoint his bosses always did it. This time when he has applied for his new visa this breach from years ago has come to light, it seems to have been missed in the past. Back then he worked about double the hours his visa entitled him to. He now is in a lot of trouble and struggling to get a new visa. he has a lawyer but from what i understand from my sister things aren't looking good. What are the chances of him getting a new work visa? I think at the moment he is writing a letter of apology and trying to get character references.

    Second question: she has been looking at the temporary partnership visa. they don't know how long the process is going to take with the previous problem, if they moved in together now and his work visa ended up getting declined could they then apply for the partnership one? presuming it might take months so they could build a relationship history paperwork wise. or if any visa is declined does that mean you are deported with no other visa option?

    To complicate matters further his family have an arranged marriage for him which wont take place for another 3 or 4 years. Apparently this was arranged well before he met my sister and is a huge bonus that the wife was supposed to come to auckland once the marriage takes place. his family dont know about my sister and he doesn't know what he will do when the time comes either as he wants to be with her but it will bring shame to his family if he doesnt go through with the marriage. so if they could go a head with the partnership visa then where would that leave the future wife if he decided to go down that track instead? because from what we can understand he would need to wait 5 years after being sponsored so how could she come here? or is that for the partnership resident only or the temporary partnership visa too? Unsure why that concerns my sister to be honest because that work in her favour but she is very distraught about this whole thing.

    Any advice much appreciated, i hate seeing my beautiful sister so upset

  2. #2
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    The best answer: your sister should just break up with him.
    What's the point of continuing the relationship with her boyfriend if he is unsure about the arranged marriage?

  3. #3
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    I agreed with above advise. Its a typical way or stories of all desi people out there. It is better to breakup instead of worrying about him. The guy who don't follow the law, cheat his family and his GF don't deserve any empathy.

  4. #4
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    if they moved in together now and his work visa ended up getting declined could they then apply for the partnership one?
    No, not an ordinary application with him still in the country. Nobody in NZ who does not have a legal visa covering them to be there can apply for a NZ visa. They can only ask special permission to be allowed to apply under Section 61, which does not have to be granted, and it is extremely unlikely to be granted in the case of someone who has been under investigation already for previously breaking visa conditions. It wouldn't be surprising, if INZ decide to refuse the work visa, if they also deported him at that point.

    Nobody involved in any visa using partnership can do another of that kind until after a clear five years has passed.

    I'm sorry for your sisters' feelings in all this. However, it sounds as though this young man's feelings aren't worthy of being taken seriously by anybody - he needs to do some hard thinking and grow up. He can't in modern New Zealand fulfil obligations to two women simultaneously.

  5. #5
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    Thank you for your replies.

    I would love it if she broke up with him! Unfortunately its not my call to make and i guess sometimes your heart takes over your head! In saying that though, while i dont like the situation he has always been very kind to both my sister and our family, and despite his mistakes i do know that he is actually a good person.

    I am not in the same city as them and due to the shifts i work i can mostly only text my sister so its hard for me to get a clear story to understand what is likely to happen, hence why i am posting on here.

    He does have a current work visa at the moment, it is due to expire soon which is why he had applied for a new one. Due to the breach of the conditions of the student visa a few years ago is it very likely that after the apology and references etc that he will be granted a new one? I have heard that immigration aren't very forgiving (understandably) so not sure if he has a chance or none at all? I do know that he is very, very sorry and ashamed but i don't think that really makes a difference!

    In regards to the partnership visa (which i hope she doesn't decide to go with), while he has a current work visa and perhaps an interim one if the decision takes longer, they can not apply for this, they need to wait for the outcome beforehand? If his work visa is declined he will be deported? And if it is granted then she can make a decision with a clear head on weather or not to pursue this relationship any longer and go from there.

    Sorry about all of the questions, but i want to try and understand more clearly so i can be supportive.

    Thanks everyone

  6. #6
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    Quote Originally Posted by emily90 View Post
    Thank you for your replies.

    I would love it if she broke up with him! Unfortunately its not my call to make and i guess sometimes your heart takes over your head! In saying that though, while i dont like the situation he has always been very kind to both my sister and our family, and despite his mistakes i do know that he is actually a good person.

    I am not in the same city as them and due to the shifts i work i can mostly only text my sister so its hard for me to get a clear story to understand what is likely to happen, hence why i am posting on here.

    He does have a current work visa at the moment, it is due to expire soon which is why he had applied for a new one. Due to the breach of the conditions of the student visa a few years ago is it very likely that after the apology and references etc that he will be granted a new one? I have heard that immigration aren't very forgiving (understandably) so not sure if he has a chance or none at all? I do know that he is very, very sorry and ashamed but i don't think that really makes a difference!

    In regards to the partnership visa (which i hope she doesn't decide to go with), while he has a current work visa and perhaps an interim one if the decision takes longer, they can not apply for this, they need to wait for the outcome beforehand? If his work visa is declined he will be deported? And if it is granted then she can make a decision with a clear head on weather or not to pursue this relationship any longer and go from there.

    Sorry about all of the questions, but i want to try and understand more clearly so i can be supportive.

    Thanks everyone
    Bit more involved than this but you can not get a partnership based visa unless you have evidence of living together for at least 3 months plus.

  7. #7
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    Yes, i realise that. There is no reason they could not live together at the moment so i what i mean is if they were to move in together now can they then apply for the partnership visa in a few months time if there hadn't been an outcome yet on the work visa? or if there had and it was declined? I do not know what the time frame is on his visa at the moment as in how long he has to submit the information he needs to or how long it will take for a decision to be made after that.

  8. #8
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    Due to the breach of the conditions of the student visa a few years ago is it very likely that after the apology and references etc that he will be granted a new one?
    Nobody here can tell you that. It all depends on individual circumstances, which the INZ specialists will be considering.

    while he has a current work visa and perhaps an interim one if the decision takes longer, they can not apply for this, they need to wait for the outcome beforehand?
    A mixture of correct and incorrect here. He CAN apply for a visa based on partnership while he is still on a valid work visa. Nobody can put in any new visa applications while they are on an Interim visa.

    If his work visa is declined he will be deported?
    Very likely. If. And that depends on how serious INZ finds his previous breach of conditions to have been.

  9. #9
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    Not that this is worth much, but is a man worth all of this stress and complications of his immigration issues worth it if he is considering marrying another woman?

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