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Thread: converting partnership based working visa

  1. #1
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    Default converting partnership based working visa

    I came to NZ to pursue PhD, so I got 3 years visa. My partner got 3 years working visa based on partnership. Which means her visa is dependent on mine. My wife already got a skilled job and working full time.

    Due to some circumstances I want to quit my PhD which means we would need to re-apply another visa. Because my wife is working full-time currently in a skilled occupation with permanent job, what visa options do we have currently?

  2. #2
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    Default

    It sounds as though the first thing to do is to check your wife's eligibility for a work visa https://www.immigration.govt.nz/new-...ills-work-visa and residence. https://www.immigration.govt.nz/new-...-resident-visa If she qualifies for those, you can get a partner-sponsored visa dependent on her work visa, and in due course, a resident visa as the secondary applicant.

    Notice, there can be issues about the labour market test for the Essential Skills visa, when someone is already in post having started the job (like your wife) on an open visa. But if she applies for residence under SMC first, and gets the ITA, then the labour market test does not apply. http://onlineservices.immigration.go...nual/45676.htm WK2.1.15

  3. #3
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    Default

    her ANZSCO skill level is 1. but her salary is below 55K$ which means she is not eligible for skill work visa. Only the resident visa is the final choice which involves lot of paperwork and long processing time.

  4. #4
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  5. #5
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    Default

    Hi JandM

    Thanks a lot. But This point is a bit unclear.

    "Notice, there can be issues about the labour market test for the Essential Skills visa, when someone is already in post having started the job (like your wife) on an open visa"

    I have another related query. My wife's work visa expires in 1 year and 2 months time (her working visa is dependent on my PhD visa). And currently before quitting my PhD I want to convert her open working visa (dependent on my visa) to temporary essential skill work visa so that it does not affect her working visa (If for instance i decide to quit my PhD). Is that a possibility? Also will she be able to work on her current active open working visa during processing of her essential skill working visa? Thank you

  6. #6
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    I want to convert her open working visa (dependent on my visa) to temporary essential skill work visa so that it does not affect her working visa (If for instance i decide to quit my PhD). Is that a possibility?
    She can always apply - there is no block to doing that. The outcome will all depend on the exact nature of your wife's work, and her qualifications, and how she matches up with INZ regulations. https://www.immigration.govt.nz/new-...ills-work-visa See Criteria tab near the bottom of the page, then the Evidence column at the right.
    Also will she be able to work on her current active open working visa during processing of her essential skill working visa?
    Her present visa will continue to run to expiry, unless and until another visa is granted and takes over from it (or unless you gave up your PhD studies and student visa, which would invalidate her partner visa which depends upon it).

  7. #7
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    New Zealand
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    Default

    Hi JandM

    Thanks for the help. you are a life saver. I have one more query. I came on a 3 years PhD visa (1 year remaining for my visa expiry). My university is offering me to graduate me with MPhil degree instead. Consider, if i accept their offer and graduate with MPhil and decide to apply for a post-study work permit (12 months). Can my wife also apply for her open working visa based on my post-study work visa? If yes, then is she able to continue working in her current job till visa decisions is made?

  8. #8
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    Consider, as soon as your student visa comes to an end*, your wife's partner of a student visa, which depends on your student visa, will also end.

    *I do not know - you would need to talk to INZ about this - exactly how your early exit from the PhD course with an MPhil would affect your already granted student visa, nor whether you would still be eligible for a post-study work visa.

    IF you are granted a post-study work visa, your wife should be eligible for a partner of a worker visa.

    If there is any gap between your being a student visa holder and a post-study work visa holder, there would be a gap in visas on which a visa for your wife can depend. She will not be covered by her same visa throughout whatever changes you decide to make.

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