Member
Partner(secondary applicant) on Student Visa during SMC Application
Hi
I have applied for my SMC app.
I am on essential skill work visa
And my partner is on student visa.
Visa exp on 31st mar 2017
I am including my partner and child in my app.
Once the smc is finalised, what will be the visa status of my partner?
Will there be any condition?
Any case came through in this forum before, kindly share ur experience.
Junior Member
Hi there,
Once the smc is finalised, what will be the visa status of my partner?
If your partner is included in the residence application and it is granted to all three of you, then she will be a resident too.
Will there be any condition?
The most common condition when a residence visa is granted is the travel conditions for two years. That means your ability to travel in and out of New Zealand from when your visa is granted will only be for two years. If you want to travel in and out of New Zealand as a resident after the two years, you will need to apply for the Permanent Resident visa or apply for further travel conditions. Most people would apply for the Permanent Resident when they have been a resident for two years. Any other conditions that could be imposed will depend on the individual circumstances of your application.
All the best!
Senior Member
SM4.30 Resident visa subject to conditionsOriginally Posted by pinchu143
See also Immigration Act 2009 ss 49, 50
SM4.30.1 Resident visas may be subject to conditions
A resident visa may be granted under the Skilled Migrant Category to a principal applicant (and any accompanying partner and dependent children) subject to conditions imposed under section 49(1) of the Immigration Act.
Resident visas will be granted subject to conditions where SM4.30.10 and/or SM4.30.15 below apply.
SM4.30.5 Compliance with conditions
When an applicant under this category satisfies an immigration officer that the conditions on their resident visa under section 49(1) have been complied with, those conditions will be cancelled and the officer will advise the applicant accordingly in writing.
SM4.30.10 Offer of skilled employment or skilled employment for less than 3 months
Where a resident visa is granted under the Skilled Migrant Category on the basis that the principal applicant qualifies for points for an offer of skilled employment in New Zealand or current skilled employment in New Zealand for less than three months (see SM7), the visa holder is subject to the following conditions:
In the case of the principal applicant who:
has an offer of skilled employment in Auckland - that they take up that offer of skilled employment within three months of their first entry to New Zealand as a resident (if the visa was granted offshore), or the grant of their resident visa (if the visa was granted in New Zealand), and they remain in that employment (or another position of employment that meets the requirements for offers of skilled employment including requirements for bonus points if the offer of employment qualified for bonus points under SM8 or SM9), for a period of at least three months; or
has current skilled employment in Auckland for less than three months - that they remain in that employment (or another position of employment that meets the requirements for current skilled employment including requirements for bonus points if the employment qualified for bonus points under SM8 or SM9), for a period of at least three months; or
has an offer of skilled employment outside Auckland - that they take up that offer of skilled employment within three months of their first entry to New Zealand as a resident (if the visa was granted offshore), or the grant of their resident visa (if the visa was granted in New Zealand), and they remain in that employment (or another position of employment that meets the requirements for offers of skilled employment including requirements for bonus points if the offer of employment qualified for bonus points under SM8 or SM9) for a period of at least 12 months; or
has current skilled employment outside Auckland for less than three months - that they remain in that employment (or another position of employment that meets the requirements for current skilled employment including requirements for bonus points if the employment qualified for bonus points under SM8 or SM9) for a period of at least 12 months.
The visa holder must:
inform the nearest office of INZ of their residential address and any changes of residential address while they are subject to those requirements; and
submit evidence to an immigration officer that, within five years of their first entry to New Zealand as a resident (if the visa was granted offshore), or the grant of their resident visa (if the visa was granted in New Zealand), the conditions set out above have been met.
In the case of any accompanying partner and dependent child - that the principal applicant comply with the conditions to which they are subject.
Member
Thanks Lim McDowall and ChrisMwn
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