will my spouse get work visa

[pratheepsk]

Hi All,

my situation is bit complex, my spouse and I got resident visa approved on 2014, due to personal reason my spouse didnt activate her visa hence it got expired but I did visit NZ and activated my visa

As per immigration contact center, now I am not eligible to apply partnership or temporary visa for my spouse till 2019 (5 years). So i have applied long term visitor visa (9 months) and brought her to NZ.

She is looking for a job but no luck, so is it possible to apply work visa or any other visa for her to make her stay with me?

Please advise

[JandM]

I THINK the immigration contact centre may be making a mistake. There is a rule that nobody can sponsor a new partner till five years after they have sponsored a first one - but you aren't wanting to sponsor a NEW one, just the same one that you already sponsored.

I will ask one of the LIAs who posts on our forum about this, and will let you know if he knows anything helpful..

[JandM]

I've now heard back from the LIA.

I think the issue here is that "one" is not "more than one"

The issue of valid sponsor is covered below, and its always difficult to interpret.
I can't imagine that re-applying for the same partner, who simply failed to validate their visa in time would lead to a decline.
it might just need careful consideration by a case officer.

Unusual situation for a second application by the same partner.

F2.10.10 Definition of ‘eligible to support a residence class visa application under the Partnership Category’

For a New Zealand partner (F2.10.2) to be eligible to support a residence class visa application under the Partnership Category they:
must not have acted as a partner in more than one previous successful residence class visa application; and
must not have acted as a partner in a successful application for a residence class visa in the five years immediately preceding the date the current application is made; and
the New Zealand partner cannot have been the perpetrator of an incident of domestic violence which has resulted in the grant of a resident visa to a person under the category for victims of domestic violence (see S4.5); and
must meet the character requirement for partners supporting applications made under the Partnership Category as set out in R5.95.
A New Zealand partner is considered to have acted as a partner if they previously:
supported a successful Partnership Category application for a residence class visa; or
were the principal applicant in a successful Partnership Category application for a residence class visa; or
were the principal applicant in a successful application for a residence class visa that included a secondary applicant partner, excluding residence class visa applications made under RV After the grant of a resident visa; or
were a secondary applicant partner in a successful application for a residence class visa, excluding residence class visa applications made under RV After the grant of a resident visa.
Note: Applications under Partnership Category include applications made under the Family Category Spouse and De facto partner policy in force before Partnership Category took effect.

https://onlineservices.immigration.g...nual/46176.htm