Page 1 of 2 12 LastLast
Results 1 to 10 of 13

Thread: Re applying for spouse Resident Visa

  1. #1
    Join Date
    May 2016
    Location
    India
    Posts
    16

    Unhappy Re applying for spouse Resident Visa

    Hi

    One of my friend is in the following scenario, Can some one please suggest us what to be done??

    My Friend's first entry visa expires by 17th June 2017.
    So they had planned to travel by May after all the things are settled, but unfortunately his wife got conceived and she is 4 weeks pregnant now and doctors asked her not to travel anywhere for 3 months i.e., until July. But by that time her visa expires.
    Now my friend (only Primary Applicant) wants to travel to NZ make a first entry but now the question is how about his spouse(Secondary Applicant).
    Is there any way to get her visa extended or travel in any other means along with her spouse?

  2. #2
    Join Date
    Jun 2015
    Location
    India
    Posts
    34

    Default

    I believe it is not possible.. U might need to re apply for both of the applicants which might have less chances to get ur Visa.
    I'm not sure its just my idea...
    Last edited by pathfinder009; 24th April 2017 at 04:25 PM.

  3. #3
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    If your friend travels before the last entry date, his visa will be activated. If his wife does not activate her visa, it will lapse - there is no way to get an extension to the date.

    If this couple are careful to keep collecting evidence that they are living together consistently (as has already been proved for the visa under SMC), when the husband in due course sets up a home in New Zealand, he should then be able to sponsor her for this visa. https://www.immigration.govt.nz/new-...-resident-visa I think it would be advisable to keep copies of the medical advice that is preventing her from making the trip at this time, as this point may be queried in the future.

  4. #4
    Join Date
    May 2016
    Location
    India
    Posts
    16

    Default

    Thank you JandM
    I'm in a worried state until now. Your reply gave a relief to me

    Quote Originally Posted by JandM View Post
    If this couple are careful to keep collecting evidence that they are living together consistently (as has already been proved for the visa under SMC), when the husband in due course sets up a home in New Zealand, he should then be able to sponsor her for this visa. https://www.immigration.govt.nz/new-...-resident-visa I think it would be advisable to keep copies of the medical advice that is preventing her from making the trip at this time, as this point may be queried in the future.

  5. #5
    Join Date
    May 2016
    Location
    India
    Posts
    16

    Default

    Hi JandM,

    I'm in NZ now, in process of gathering all the documents required for filing the partnership visa for my wife and kid.

    I've contacted Immigration Center here multiple times just to confirm the e-medical process this what the response I got from them:

    First Time: Cant lodge family resident visa as I cannot support again for 5 years, that is until 2021
    Second Time: Can be lodged without any issues and need not submit medical records for wife as she has done it below 36 months but need General medical for kid
    Third Time: Need e-medical to be done as she has gone for surgery during her pregnancy for baby delivery

    Things started to worrying now as the first time user stats that my family cant lodge visa in partnership category.
    Is there a way I can get a reliable answer here in NZ?



    Quote Originally Posted by JandM View Post
    If this couple are careful to keep collecting evidence that they are living together consistently (as has already been proved for the visa under SMC), when the husband in due course sets up a home in New Zealand, he should then be able to sponsor her for this visa. https://www.immigration.govt.nz/new-...-resident-visa I think it would be advisable to keep copies of the medical advice that is preventing her from making the trip at this time, as this point may be queried in the future.
    Last edited by Rdb; 1st May 2018 at 03:59 PM.

  6. #6
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    The first responder is reading a bit of legislation about not being able to support another partnership visa FOR A DIFFERENT PARTNER within five years. The regulation is badly written, in that whoever wrote it didn't think about situations like yours, where someone actually needs to sponsor the SAME partner again, but in practice, when the applicant points out that fact (in a covering letter in the first place), there is no trouble at all for processing the application.

    In general, then, you are going to be all right (A4.20 https://www.immigration.govt.nz/opsm....htm?35154.htm) but it does sometimes happen that INZ ask for another medical in a case like your partner's, if they realize they have "risked" their health, e.g. as in your partner's case, by surgery, or have spent time in a country where there is some endemic disease, since the first medical. But that is something you can take care of if it happens.

  7. #7
    Join Date
    Jun 2015
    Location
    India
    Posts
    34

    Default

    Thanks JandM for writing back!!!

    I've contacted 3 more times to Contact Center after this post and I got the same response saying I cannot support another application.
    Even when I asked about the rules that stated in immigration.govt.nz saying about the previous partner which doesn't say about same partner, they insisted that it is not possible to support another application until 5 years.
    One of them suggested to visit immigration adviser as they might find some loophole and fight for our visa.

    But I feel it might not be necessary, but still I will pay a visit and see what they can say about it and will take a decision on it.

    Thanks again JandM, your response will always give me a sight of relief from all the worries I have about this visa application

  8. #8
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    It is well known that the INZ telephone answerers are NOT trained and qualified case workers, but rather, a kind of human FAQ system working from all the INZ regulations on the computer. They can't interpret what is written there, but only parrot it out. They can't give you anything but the letter of the rules, and they are NOT the level of official who will work your case. For interpretation, you have to submit the application with a covering letter saying this is your SAME partner, then any official dealing with it who has any doubts can refer it to a Technical Adviser (a senior CO who has some discretion).

  9. #9
    Join Date
    Jun 2015
    Location
    India
    Posts
    34

    Default

    Today I went to Auckland Community Law Center and visited an Immigration Advisor there, even he was saying that it might create a problem and suggested to write a request letter to Minister of Justice explaining about my case and get an approval letter. With that letter he then asked to file a partnership visa application.

  10. #10
    Join Date
    Jun 2015
    Location
    India
    Posts
    34

    Default

    I have explained my case to another advisor as well who happens to work in the same place of mine. He then enquired with possible options with Senior Customer Service Officer
    Ministry of Business, Innovation & Employment. Following is the response from them:
    A resident visa granted to a person offshore merely gives the holder the rights in section 74(1)(a) of the Act below - i.e. to travel to N.Z. and to apply for entry permission on arrival. The full rights in section 74(1)(b) are only obtained if the resident visa holder is granted entry permission (activates the visa) so the application isn’t finally ‘successful’ until then.
    Please see below:

    74 Currency and nature of resident visa

    1. The holder of a resident visa—
      • is entitled to—
        • travel to New Zealand; and
        • apply for entry permission (whether before or after travelling to New Zealand); and

      • if granted entry permission, is entitled, in accordance with the conditions of the visa (if any),—
        • to stay in New Zealand indefinitely:
        • to work in New Zealand or in the exclusive economic zone of New Zealand:
        • to study in New Zealand.


    2. Subsection (1)(a) applies only if the visa holder’s travel to New Zealand is consistent with the conditions of the visa relating to travel.

    You can find the legislation on the link below:

    http://www.legislation.govt.nz/act/p...LM1440689.html
    Last edited by pathfinder009; 20th May 2018 at 03:34 PM.

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •