Help on Work Visa based on Partnership

[lucky@star]

Hi all,

My husband is NZ citizen and I was holding a general visitor's visa. We are married and lived together for 9 months last year. During that period we lodged partnership visa application twice, one on our own and the second with LIA. Both are rejected so I left NZ and re-applied offshore (offshore apllication still with LIA). I was granted a visitor's visa based on partnership with 1 year validity. After 3 months separation with my husband, we were re-united.

Now that I'm back in NZ couple weeks ago, next plan is to convert my visitor visa to work visa. Due to financial issue, we want to do it again on our own and we want to be successful.

I have the following queries:
1. Do we need to wait another 3 months before we could lodge apllication for work visa based on partnership?

2. Do we need new letters recognizing our relationship or use the same? We submitted 15 previously.

Any other advice, suggestions are highly appreciated.

[gcapd]

Reasons why they declined both of your applications?

[JandM]

You don't HAVE to wait. Probably some evidence that you are living together NOW would look good, however. You don't have to have all new evidence, of whatever kind.

[gcapd]

How come you were granted a 1 year visitor visa under partnership? I thought visitor visa is only 9 months maximum unless you are waiting residency decision?

[JandM]

INZ have the power to use visitor's visas for different purposes (like this) and different lengths of time, although people can't apply for them.

[gcapd]

INZ have the power to use visitor's visas for different purposes (like this) and different lengths of time, although people can't apply for them.

Hi JandM.
Doe this mean at the discretion of the immigration officer he can also give me a visitor visa under partnership even though she is not yet eligible to sponsor me?

[lucky@star]

IO is not satisfied that our relationship is genuine and stable. 2nd application with LIA under S61 and requires no reason on rejection.

Same set of evidences were submitted offshore and visa is granted to re-enter NZ.

[lucky@star]

Does this mean that the evidences we have now on top of the previous application are sufficient enough to lodge application?

A JP recommend to schedule a meeting with the IO who handled my case onshore and discuss our plan and get some advice. Would this be necessary?

[JandM]

Hi JandM.
Doe this mean at the discretion of the immigration officer he can also give me a visitor visa under partnership even though she is not yet eligible to sponsor me?

There is no public data about exactly what discretion COs can use. We only get to know about it after it has happened in individual cases.

[JandM]

lucky@star, nobody can decide that for you. Under NZ law, it's only Licensed Immigration Advisers and lawyers who can tell you what you ought to do.

You can see on the INZ website what they say the criteria are for this visa. https://www.immigration.govt.nz/new-...s-visa-holders And here are old forum threads with discussion and examples of partnership evidence. https://www.google.co.uk/search?site...k1.RFxiQZ7sQwo