What happens to visa status if me and my NZ partner seperate?

[Tomos]

Hi all.

My residency visa (via partnership with my Kiwi partner) has been approved. I have not entered NZ yet and have 12 months to do so.

We are having some relationship issues over the last six months and I am just doing my own research to understand what the consequences are if we do end up going our seperate ways (we have been together for 5 years).

On the NZ immigration website it says the following under the FAQ here

My partner and I have ended our relationship. Does this affect my visa status?

You are on a residence visa
If we have already granted you residence based on your relationship, your residence status remains the same even if you separate.

You are on a temporary visa
Staying as a partner under a temporary visa after you have separated may be cause for deportation.


So, according to the above it sounds like even if you break up with your partner after receiving the residency visa, it does not effect your visa status?

However, in this part of the immigration website it says the following here

I’ve separated from my partner who supported my visa

Option A: If you are in New Zealand and you separate from or divorce your partner
Apply for a visitor or work visa in your own right.

Option B: If the partnership ends before you arrive in New Zealand
Apply for a visitor or work visa in your own right.


Can someone please shed some light on the above? Are these two FAQ referring to different visas?

thank you!

[Kimmy8888]

@tomos, if you were granted with residency, u should have nothing to worry only for temporary based visa arent have the right to live permanently in NZ. Couple always start to apply for temporary​ based visa in order for them to live with their partner and aim for residency later.temporary base visa is the only time u have to submit evidence that you are genuinely stable relationship with ur partner and by the time you apply for residency.. after that, as far as i understand, residency is your end point.then if you remain in NZ through resident visa then later u can be Granted with citizenship. This is just my own understanding, not an immigration advise. If u r still in doubt, inz can always tell you the right answer.

[AVFC]

This is just a guess, but I would say that your visa is approved but you aren't granted the visa until you enter NZ at that point you have the visa. So if you separate before going to NZ then you rock up without her they may start asking questions.

Just give them a call and be honest I found them pretty decent to deal with.

Whatever happens I am 100% sure you can't cheat the system.

[JandM]

AVFC - that's not how it works. Once the visa is in the passport, it IS granted. It's been approved after checks that the relationship had existed up to the time of application and issue. As long as the applicant activates the visa by arriving in NZ by the proper date, s/he will have the right to remain in NZ under the same travel conditions as any other new residence holder.

When incoming partner has got Residence by having given all the proofs of 12 months' and ongoing live-in partnership, that Residence is the same as Residence gained by any other route - SMC, for example - and the usual next steps apply. http://www.immigration.govt.nz/opsmanual/30505.htm

[Kimmy8888]

AVFC - that's not how it works. Once the visa is in the passport, it IS granted. It's been approved after checks that the relationship had existed up to the time of application and issue. As long as the applicant activates the visa by arriving in NZ by the proper date, s/he will have the right to remain in NZ under the same travel conditions as any other new residence holder.

When incoming partner has got Residence by having given all the proofs of 12 months' and ongoing live-in partnership, that Residence is the same as Residence gained by any other route - SMC, for example - and the usual next steps apply. http://www.immigration.govt.nz/opsmanual/30505.htm

Thanks for making this clear, @jandM. Useful information for future. Btw, is there a maximum validity of interim visa? Does CO usually decline Partnership working visa immediately without contacting us?

[JandM]

Interim visas aren't anything to do with residence. They can only be granted to people waiting for temporary visas. I've never heard of one running out before a decision was reached - so far.

If there seems to be a problem with the evidence, a CO usually gives an applicant a chance to comment, and possibly provide more.

[Tomos]

thank you all for the useful information, really appreciate it.

If i go to apply for permanent residency after a couple of years but at that point we have seperated, is it likely that this would be accepted or not?

[JandM]

RV1.20.1 b http://onlineservices.immigration.go...nual/45650.htm shows the arrangements that are in place for that situation.