SMC residence approved for principle applicant but not for partner!

[Zedge]

Hello everyone!

My partner and I applied for SMC residence with myself as the principal applicant. To be allowed to stay in NZ during the processing period, I was granted a temporary work visa linked to my position and my girlfriend got a partnership open work visa. Both visas are valid until May 2018.

Now my online status for residence just changed to "Approved" but the decision about my girlfriend has been deferred until October because CO is convinced we are a genuine couple but considers we only started living together in October 2016 (the 6 months we travelled together previously do not count as a living together period). So we have a few questions about the next steps.

1) As I will shortly be granted residence, will my girlfriend's current work visa remain valid until May 2018 (unless she gets residency before) or will she have to apply for an other visa as soon as my residence is official?

2) CO asked for more "officials evidences" covering the October 2016-October 2017 period (joint tenancy agreement, joint bank account statements,...). We have been together all that time but our case is tricky for a lot of reasons: we were hosted by our boss when we did some orchard work end 2016, we stayed at friend's place for a month in January and we have rented sites in several campgrounds for the last 6 months where we lived in our caravan, so we have neither tenancy agreements nor internet or water bills... and like an idiot I forgot to change our address on the banks statements! So question is: if my girlfriend's residency is refused in October, will our case be closed, meaning we will have to apply again later, or will we still be allowed to provided more proves until one day CO is satisfied and grants residency?

3) Because nothing is simple, my girlfriend has a opportunity for a one month professional training outside NZ in September-October. CO advices us to stay together until she gets residency but in case she decides to go, is it more likely to delay the decision for a month or is it a chance that we will have to start a new 12 month period?

4) If the application is turned down, will it have a (negative) impact on a future application, specially for an other temporary partnership visa?

I know it is complicated but thanks in advance for any help on any point

[JandM]

1) Once your work visa is superseded by residence, her work visa won't be valid any more because there will be no current visa for it to depend on, so she will need to apply (while the present visa is still in force) for a new one to depend on your residence.

2) It's normal for the CO to ask for more evidence covering the time of processing. Obviously, you can't supply what doesn't exist, but try to get letters backing up where you were, and that you were living together as a couple. Think carefully - did you get mail? Did she get mail? Did you belong to the same clubs, library, etc? - anywhere where they would have a record of your address? Are you recorded as each other's next of kin at work, or at the doctor's surgery, or on an insurance policy? There's no quick answer to the last part of your question - it will be down to how far you have been able to go with evidence that would tip the balance for the CO to tick things off as proved.

3) With the case in the balance, it could very likely tip things towards a refusal if she went, i.e. start again from zero.

4) All applications are judged on their merits at the time. People don't get a black mark for having had an application fail, unless it's because of fraud.

[Zedge]

As usual, thanks for your precious returns, JandM.

About the point 1, I don't understand how it can work. Her current visa is valid until my residence becomes official, so she can't really apply for a new visa linked to my residence... because it is not official. And the day my residence is official she will become illegal? Does that mean she will require an interim visa which won't allow her to work?

Also I got AIP letter today and now I am even more confused... The letter says my application has been approved in principle, my partner's application has been deferred and we have to provide evidence once we are able to demonstrate that we have spent 12 months living together. The deadline to provide the documents is in February 2018 and the letter confirms that they "will grant my resident visa when I have met this requirements" and "INZ may decline my application" if not.

Back to 1) What I understand is that both my partner and I will continue to live with our current temporary visa until we provides evidence and CO takes a decision, so other temporary visa needs to be asked. Am I right ? If so, does that mean we will officially be granted residence at the date?

And two more questions:

5) If CO is not satisfied with our relationship, can he really decline my application () or only my partner's one (because I guess he did not count my partner's qualification points to approve my residence)?

6) As the deadline is in February, if my partner leaves NZ for a month in September, we could send all evidences in January showing we have been living together since October 2016 (so 16 months) except during my partner's leave but for that period we have proof that she did a professional training and that we have been in regular contact. An opinion about chance of success?

[JandM]

First paragraph, I think you'd need to check the details with INZ. Now you have had the AIP letter, it is perfectly reasonable to follow up by asking exactly what they are expecting of you - much better than any speculation of mine.

If your partner has to apply for another partner-sponsored work visa, having already been on a partner-sponsored work visa, any interim visa issued would have the same conditions, so she wouldn't have to stop work, no. https://www.immigration.govt.nz/new-...isa-conditions

5) In the past, I've seen a situation where an applicant has been told that THEY can have their residence, if they accept that an ineligible member of their family is removed from the application. I DON'T THINK THIS IS YOUR CASE, though. They seem entirely happy that your relationship is genuine, but just have to tick the box for the length of time proven.

6) Check that with INZ along with the rest.

[Zedge]

Thanks again for you help and time JanM! I contacted INZ and CO just said that travelling will delay my partner's application (without mentioning a timeframe) but I can have my residency label right now if I send my passeport. Look's like my partner is allowed to keep her work visa.