Relationship break up while on resident visa with partner who is on investor category

[onlylv]

Hello, Got an acquaintance in a pickle. Her husband left the country with 2 of her daughters last Friday without her knowledge. He has kept her passport since they came here in 2016. He told her that he will be sending the passport and air ticket to her for her to return to Malaysia. She is expecting to leave the country next monday though no sign of the tickets yet.

Questions :

1) She is on the resident visa subject to conditions imposed under S49. I've read that but no clue what it was talking about! If her husband has left the country, can she apply her own visa?

2) Will she be deported?

I think that is all for the moment.

Thank you.

[JandM]

Section 49(1) conditions can be anything appropriate to that person's (in this case, the husband's) situation, so that doesn't give any details that would help.

Your friend needs to talk urgently to INZ, and possibly also to a lawyer, about what to do. This is a much too complicated situation for ordinary people to know what to tell her.

The fact that her husband has taken her passport with him does not mean that she doesn't have a visa that covers her for the moment - the residence visa is not ONLY that paper label, but is also on record in the INZ computer, so they can see that she is legally allowed to be in NZ. So she does not need to be afraid of INZ, or being deported.

http://onlineservices.immigration.go...nual/45650.htm RV1.20.1 may well apply to her case, when it comes to thinking about permanent residence for herself, but that won't be till two years after the family entered the country.