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Thread: Interim visa - Change the visa really possible?

  1. #1
    Join Date
    Sep 2016
    Location
    NZ
    Posts
    9

    Default Interim visa - Change the visa really possible?

    Hi there,

    I'm currently on an interim visa waiting for my medical to be cleared for my 23 month working holiday extension. My girlfriend had her essential skills work visa approved a few weeks and I am keen to at least get the ball rolling for my partnership visa so I can resume work as soon as possible. I went to the immigration office today to pick up my passport so I can get my NZ driving licence. Whilst there I asked the officer what I could do in my situation. She suggested after looking through my file, completing the partnership visa application and sending it in with a cover letter outlining my situation. She then advised once it is lodged, phoning up and asking to withdraw my WHV extension application. By the time my partnership visa is being worked on, hopefully my medical has been cleared and it would mean saving weeks of further waiting.

    There is nothing on the immigration website nor within my interim visa letter to say I cannot do this. However within the Immigration Act it states, [I]'The holder of an interim visa may not apply for a visa of any other class or type.' Does this mean I cannot apply for any kind of visa at all or is the immigration officer referring to it being possible as it's not a different class or type because it will still be a temporary visa?

    Does anyone have any thoughts or advice on this? The officer I spoke to seemed very knowledgeable and helpful - she suggested I did this. Nevertheless I do not want to do anything which would jeapordise my application. At the same time if this is an option, I do not want this to pass by.

    Thanks in advance for all your help.

  2. #2
    Join Date
    Sep 2016
    Location
    NZ
    Posts
    9

    Default

    Actually it is also on the immigration website https://www.immigration.govt.nz/new-...s/interim-visa

    Why would I be advised to do something which is not possible? The officer seemed to know all the other conditions of the interim visa i.e. valid for 6 months etc...
    Any advice on what to do? I don't want to risk my whole application but then also wait weeks longer than need be.

    Thanks again

  3. #3
    Join Date
    Feb 2008
    Posts
    37,810

    Default

    I have the same doubts as you. It ISN'T allowed for someone to apply for any other visa while on an interim one. This makes sense because of the further regulation that nobody can apply for any visa from within NZ unless they are covered by some other valid visa: the interim visa is not a proper visa granted on a solid basis, but only a kind of 'holding' situation which keeps you legal while your pending application is considered.

    The only explanation I can think of is that INZ officials are human, too, and this lady was keen to help you and just forgot that your WHV has actually run out.

  4. #4
    Join Date
    Sep 2016
    Location
    NZ
    Posts
    9

    Default

    Thanks JandM for your advice.

    What's confusing is that I did double check and stated I was now on an interim visa but I was advised that it shouldn't be a problem as long as the new visa is lodged before I withdraw the WHV otherwise the interim is also taken away simultaneously. But then again as you state the guidelines are pretty clear.

    Hindsight is a wonderful thing and had I known I would have applied for the partnership from the outset before my girlfriend's work visa was approved. In this instance I guess I was just seeing if there was a glimmer of hope in avoiding waiting for several more weeks for the WHV visa (that I don't really need anymore and have been waiting for almost three months already) to be approved. We will get there in the end!

  5. #5
    Join Date
    Feb 2008
    Posts
    37,810

    Default

    Well, all I can say is, if someone did that for you, it would be a pretty large bending of the rules, and there's nothing to say that whoever received the paperwork, if you took her at her word, would see it the same way she did...

    Oh, yes, about hindsight. We've all done some of that. Here's hoping your situation sorts itself out soon.

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