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Thread: !Urgent! Character waiver - domestic violence/Partnership work visa

  1. #1
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    Question !Urgent! Character waiver - domestic violence/Partnership work visa

    Hello,

    Hope you guys are having happy Easter holidays.

    I am just miserable and in panic about my visa situation and partner, so if anything that helps me I would really appreciate it...

    Here is my story.

    My partner and I were in 2 months of living together and were trying to apply for the partnership work visa at the end of April.
    However, my partner took some drugs recently and has been charged with an assault against me at the moment - (He was just trying to grab my phone off me and didn't hurt me physically and was not himself) and he is currently on bail conditions that not talking to me or seeing me.

    Meaning that we are not living together anymore and we can't unless the court or Police drops his bail conditions and his next court hearing is soon. He was never violent or raised his voice to me for the last 6 months since we met and most importantly, I do really love him, so I have decided to give him another chance. He had no criminal records before this and now he has been charged as the case is not disposed of yet.

    and my current visa is working holiday and expires in June, 2017 and the visitor or student visa is not an option for me in the long term due to financial problems. I need to work.

    So, I think my only option is the partnership work visa to be with him...if I am right...

    In this case, I have some questions.. I did research and along the line I had some questions, so I would really appreciate if they can be answered..



    1. Should I just go back home in June and apply for the partnership work visa in my home country when the court or Police drops his bail conditions (I will email the assigned police officer that basically I want him back and such) and I can get to contact to him and he can submit documents for a character waiver?

    2. If the plan above is ideal, what kind of documents does he need to apply for the character waiver? Is there like a form to fill in? or just submit supporting documents when I apply for the partnership work visa? I am not sure how it works..

    3. Should I wait until the case finishes before I apply? or apply as soon as his bail conditions are dropped?

    4. Before I have to go back home in June, if the court/ Police drops his bail conditions and we can get to talk, do you guys think I still have to apply for the partnership work visa when I am here in NZ? Do you think we have possibilities to get the visa approved with the character waiver considering the situation mentioned above and presuming we have all other required documents to meet the requirements.

    5. I am also planning to apply for the visitor visa if I get the money for it because nobody knows when the court or police will drop the bail conditions and I thought that might be better me in NZ in prior to applying for the partnership visa. Do you guys think it is a good idea? To do so, if I tell immi that why I want to apply for the visitor visa when I am on the working holiday visa because of the reason above and will I still have chance to get the visitor visa approved?

    6. Let's say if my partner work visa gets declined and is there any other visa or option that I can be with him in NZ legally? other than visitor or student visa..or I can keep applying even if it is declined?


    I have been crying endlessly and I miss him so much. It is just killing me like I am breathing, but it feels so heavy inside and I feel like I need an oxygen mask to breathe properly..
    I just want our life back before this, but I can't.. so I am trying to make it better....

    Thank you for your time in advance and any ideas that you want to suggest or answers would be appreciated..
    Thank you so much...
    Last edited by Dande; 14th April 2017 at 11:05 PM.

  2. #2
    Join Date
    May 2016
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    New Zealand
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    Forgive me if I'm wrong but I don't think you can get a partnership visa if your not living together and you have been with him for 6 months an he has already been violent to you bad enough the police have got involved my advice is you need to get out asap no matter what that means for your stay in nz.

  3. #3
    Join Date
    Feb 2008
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    37,834

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    http://onlineservices.immigration.go...nual/46514.htm

    E7.45 Character requirements for partners supporting 'partnership-based temporary entry applications'

    Any person who has been convicted in the seven years prior to the date the application is made of:
    any offence involving domestic violence; or
    any offence of a sexual nature.
    will not meet the character requirement for supporting partners in respect of a 'partnership-based temporary entry application', unless granted a character waiver (see E7.45.10 below).
    An important point when officials are considering whether or not to grant a character waiver is how long ago the offence occurred. Character waivers are normally only available when a person can admit that they committed an offence in particular circumstances, accept responsibility for it, and show how their life has changed since that time, so that character witnesses are able to say what a good person they NOW are, compared with that person some years in the past who did whatever it was.

  4. #4
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    Drugs. Assault. Bail. Charged. To the outside observer this is not something to aspire to in a relationship and is definitely not normal. Whatever happened was serious enough for the police to be involved or for him not to be able to contact you. For your own safety think long and hard about whether you really do want to live with someone who has been charged with assaulting you under the influence of drugs. Don't make excuses for his behaviour.

  5. #5
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    Aug 2005
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    West Auckland
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    You're having a really hard time right now
    Should I just go back home in June
    I agree with the other posts. From what you've told us, right now you're very stressed about your visa expiring and, it seems to me, you see your partner as your only option for staying in NZ. If you go back to your home country, the pressure to stay in NZ will be gone, and you'll have a chance to take a breath and think about things more clearly (without the visa expiry deadline hanging over you).
    Last edited by Oregonkiwi; 15th April 2017 at 09:21 AM.

  6. #6
    Join Date
    Oct 2013
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    New Zealand
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    Quote Originally Posted by Dande View Post
    Hello,

    Hope you guys are having happy Easter holidays.

    I am just miserable and in panic about my visa situation and partner, so if anything that helps me I would really appreciate it...

    Here is my story.

    My partner and I were in 2 months of living together and were trying to apply for the partnership work visa at the end of April.
    However, my partner took some drugs recently and has been charged with an assault against me at the moment - (He was just trying to grab my phone off me and didn't hurt me physically and was not himself) and he is currently on bail conditions that not talking to me or seeing me.

    Meaning that we are not living together anymore and we can't unless the court or Police drops his bail conditions and his next court hearing is soon. He was never violent or raised his voice to me for the last 6 months since we met and most importantly, I do really love him, so I have decided to give him another chance. He had no criminal records before this and now he has been charged as the case is not disposed of yet.

    and my current visa is working holiday and expires in June, 2017 and the visitor or student visa is not an option for me in the long term due to financial problems. I need to work.

    So, I think my only option is the partnership work visa to be with him...if I am right...

    In this case, I have some questions.. I did research and along the line I had some questions, so I would really appreciate if they can be answered..



    1. Should I just go back home in June and apply for the partnership work visa in my home country when the court or Police drops his bail conditions (I will email the assigned police officer that basically I want him back and such) and I can get to contact to him and he can submit documents for a character waiver?

    2. If the plan above is ideal, what kind of documents does he need to apply for the character waiver? Is there like a form to fill in? or just submit supporting documents when I apply for the partnership work visa? I am not sure how it works..

    3. Should I wait until the case finishes before I apply? or apply as soon as his bail conditions are dropped?

    4. Before I have to go back home in June, if the court/ Police drops his bail conditions and we can get to talk, do you guys think I still have to apply for the partnership work visa when I am here in NZ? Do you think we have possibilities to get the visa approved with the character waiver considering the situation mentioned above and presuming we have all other required documents to meet the requirements.

    5. I am also planning to apply for the visitor visa if I get the money for it because nobody knows when the court or police will drop the bail conditions and I thought that might be better me in NZ in prior to applying for the partnership visa. Do you guys think it is a good idea? To do so, if I tell immi that why I want to apply for the visitor visa when I am on the working holiday visa because of the reason above and will I still have chance to get the visitor visa approved?

    6. Let's say if my partner work visa gets declined and is there any other visa or option that I can be with him in NZ legally? other than visitor or student visa..or I can keep applying even if it is declined?


    I have been crying endlessly and I miss him so much. It is just killing me like I am breathing, but it feels so heavy inside and I feel like I need an oxygen mask to breathe properly..
    I just want our life back before this, but I can't.. so I am trying to make it better....

    Thank you for your time in advance and any ideas that you want to suggest or answers would be appreciated..
    Thank you so much...
    You first issue would be the length of time you have been in the relationship , and the fact that it would not be seen as stable.

    If there is a way of simply extending your visa without involving your partner, that would be best at the moment while he sorts out his court issues.

    If you go offshore , then you wouldn't be living together and that might lead to difficulties with a visa to return too.

    I agree with others that you might need to take a deep breath and really think about whether you want to be in a relationship first.
    Last edited by ChrisMwn; 15th April 2017 at 10:01 AM.

  7. #7
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    Sorry you are going through this. But seriously...what type of future do you have with him..bail drugs and violence. Not a healthy start..I would return to your country and maybe look at entering NZ on your own work visa. Good luck.

  8. #8
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    NZ
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    Quote Originally Posted by girlwithanewf View Post
    Drugs. Assault. Bail. Charged. To the outside observer this is not something to aspire to in a relationship and is definitely not normal. Whatever happened was serious enough for the police to be involved or for him not to be able to contact you. For your own safety think long and hard about whether you really do want to live with someone who has been charged with assaulting you under the influence of drugs. Don't make excuses for his behaviour.
    Posts of such nature are not allowed on this forum. Believe me, I've tried.

  9. #9
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    May 2009
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    Blenheim
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    Quote Originally Posted by swearwolves View Post
    Posts of such nature are not allowed on this forum. Believe me, I've tried.
    ?

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