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Thread: Accredited Employer worker with Partner - Filing SMC application separately

  1. #1
    Join Date
    Jul 2016
    Location
    New Zealand
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    Question Accredited Employer worker with Partner - Filing SMC application separately

    Hello!

    First of all, I want to thank everyone in this forum for your support throughout my New Zealand immigration journey.
    As a next step, I wish to submit my EOI for a Skilled Migrant Category Visa. But I have a question regarding my partner's application.

    A.)Is it possible for either of us to submit our SMC EOI & Application separately? While she could easily be in my application (UK Masters, Native Speaker, +1year of Skilled Employment). My partner and I would strongly prefer if either our applications did not have to depend on the other's or the relationship (We've been together for 6 years but highly value our 'individual freedom'). Would applying separately for the SMC raise the wrong questions with INZ?

    B.)In the event that I got approved for an SMC Visa, what would happen to my partner's visa? (She's currently on a Partner of a worker's work visa, but we are yet to find any condition on her visa) Would it (1) get cancelled and would she need then to apply for a new one if her SMC hadn't gone through? (2) Would she have to apply for the partner of a resident visa?

    As always, thanks for all of your support and knowledge .

  2. #2
    Join Date
    Feb 2008
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    37,822

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    A) I think it would look odd.

    A person granted residence ends up with the SAME residence - same rights, same obligations - whatever the reason or set of regulations it was claimed under. The pair of you might just as well say, "I don't want to depend on the fact that I have a degree and a job and work experience that qualify me for residence," as well as, "I don't want to depend on the fact that I have a live-in relationship that qualifies me for residence." SOME reason from the life conditions of the applicant up to the point of application and processing has to be offered to INZ to grant residence. This doesn't make the applicant a lesser person. Once residence is granted free and clear, the holder doesn't have any obligation to continue that life condition (i.e. continue in that employment, or that relationship) any longer, if they don't want to, in order to maintain the residence visa.

    B) Your partner's partner of a worker work visa is linked to your present specific visa number, so yes to both of your questions. And that is the point at which INZ could well ask why your partner was not named on your application under SMC. (Or the other way round, if she applied in her own right and did not name you as her partner.) At the same time, you would be giving the impression that the live-in partnership does not exist, by not acknowledging your life partner in your SMC application, and yet asking for a different visa on the basis of the very same partnership.

  3. #3
    Join Date
    Jul 2016
    Location
    New Zealand
    Posts
    20

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    Quote Originally Posted by JandM View Post
    A) I think it would look odd.
    A person granted residence ends up with the SAME residence - same rights, same obligations - whatever the reason or set of regulations it was claimed under. The pair of you might just as well say, "I don't want to depend on the fact that I have a degree and a job and work experience that qualify me for residence," as well as, "I don't want to depend on the fact that I have a live-in relationship that qualifies me for residence." SOME reason from the life conditions of the applicant up to the point of application and processing has to be offered to INZ to grant residence. This doesn't make the applicant a lesser person. Once residence is granted free and clear, the holder doesn't have any obligation to continue that life condition (i.e. continue in that employment, or that relationship) any longer, if they don't want to, in order to maintain the residence visa.
    This is a very insightful response and solves the biggest concern that we had.


    Quote Originally Posted by JandM View Post
    A) I think it would look odd.
    B) Your partner's partner of a worker work visa is linked to your present specific visa number, so yes to both of your questions. And that is the point at which INZ could well ask why your partner was not named on your application under SMC. (Or the other way round, if she applied in her own right and did not name you as her partner.) At the same time, you would be giving the impression that the live-in partnership does not exist, by not acknowledging your life partner in your SMC application, and yet asking for a different visa on the basis of the very same partnership.
    As you say it would look odd, and it would only add uncertainty to our situations.

    I'll submit EOI for Skilled Migration and include my partner in the application from the get-go. Thanks again for your support!

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