Partnership Work Visa

[Storm95]

Hi there,

Some background info:

I'm a 21 year old NZ citizen & my girlfriend is a 16 year old USA citizen.
We met online in February 2017. She came to visit me in NZ in June for about 10 weeks. During this time, we lived together in my parents house.
She recently returned to USA as she has to attend school. I will be going to visit her at the start of October until mid December. So we will have to spend about 5 weeks apart. When I leave USA mid December, she will fly back with me. She was originally planning to stay until February, but she's toying with the idea of leaving school and moving here permanently from December. I understand you need 2-3 months proof of living together before you can get the partnership work visa. So can she just come on a visa waiver again and use that time to collect proof? Or would she need to apply for a visitor visa first? Or ideally, would the 20 weeks we've spent living in each others houses be sufficient? The problem is that seeing as we are living in each others parents houses, we won't have many official documents. We won't have a joint bank account or anything like that.
The second issue is our living situation in NZ. We will be living in my parents basement (which has its own entrance and garage so it's pretty set up to be independent from the rest of the house). We will be paying a weekly payment to my parents as well as helping out with food/bills. Does this meet the standards of living together in a relationship?

I would greatly appreciate all advice. Thanks in advance!

[JandM]

Have a look at the INZ information sheet about this visa. https://www.immigration.govt.nz/new-...lders#criteria See the Criteria tab, and Show All Evidence. This gives you a lot of detail about what is expected.

Then, if you see here https://www.immigration.govt.nz/new-...on/partnership about Partnership Requirements, you will see that your time each as a guest in the other's family home will not be counted.

On the subject of her entering the country as a visitor, in theory she could probably come in as a visa waiver entrant, but she may be questioned by immigration at the airport as to why she is coming back again not very long after she was in the country before. The general rule about visitors is that they aren't expected to be in NZ more than half the time. People wanting to qualify as partners are a kind of grey area, not easily fitting into the rules. They're not bona fide visitors, to one way of thinking, because they don't actually intend to leave again if they can help it, and that makes INZ think they're likely overstayers. This isn't just a problem at an airport of arrival, but if the foreign partner applies from abroad for a visitor visa. I'm sorry this isn't good news, but it's realistic.

Here https://www.google.co.uk/search?sour...k1.Ex6DjX636Bg are old threads with discussion and examples of evidence of partnership, which it may be helpful to consider.

[Storm95]

Have a look at the INZ information sheet about this visa. https://www.immigration.govt.nz/new-...lders#criteria See the Criteria tab, and Show All Evidence. This gives you a lot of detail about what is expected.

Then, if you see here https://www.immigration.govt.nz/new-...on/partnership about Partnership Requirements, you will see that your time each as a guest in the other's family home will not be counted.

On the subject of her entering the country as a visitor, in theory she could probably come in as a visa waiver entrant, but she may be questioned by immigration at the airport as to why she is coming back again not very long after she was in the country before. The general rule about visitors is that they aren't expected to be in NZ more than half the time. People wanting to qualify as partners are a kind of grey area, not easily fitting into the rules. They're not bona fide visitors, to one way of thinking, because they don't actually intend to leave again if they can help it, and that makes INZ think they're likely overstayers. This isn't just a problem at an airport of arrival, but if the foreign partner applies from abroad for a visitor visa. I'm sorry this isn't good news, but it's realistic.

Here https://www.google.co.uk/search?sour...k1.Ex6DjX636Bg are old threads with discussion and examples of evidence of partnership, which it may be helpful to consider.

Hi JandM, thank you for your response. In regards to being a guest in each other's family homes, how do you think we get around this? When she's here in NZ, would we be able to pay for the area we are living in in my parents home as well as help out with bills? How is this different from renting a room off someone else? It seems crazy to think that I would have to move out and rent somewhere with her just because of this. I can do that if it comes down to it but ideally we could work something else out.

In response to your comments about returning as a visitor, what do you think the best solution would be? We just need to somehow live together for 3 months to apply for the partnership work visa then hopefully she would be granted an interim visa so that she doesn't have to leave the country while the visa is processing.

[JandM]

It's a matter of the other person having definitively moved out from where they used to live, and so not being in a temporary situation.

It is always, for everybody, difficult to prove. It sometimes comes down to evidence from the home owners that the couple have a shared private space. And I'm sorry to mention this, but I think you may well have more difficulty than some couples because your girlfriend is so young. Her long-term intentions may be doubted.

As I said above, this situation of needing to get to live together in order to collect evidence is a grey area that is not specifically provided for in the INZ regulations. They're not trying to make it easy on anyone. All you can do is keep on trying. Some people get through at the first attempt, and others don't. There isn't a set route with a definite outcome. It is tough on you, and on everyone.

[Storm95]

Thank you for your honesty JandM.

I suppose another option would be her applying for the USA working holiday visa when she turns 18 - meaning she'd be able to stay here for a year and we could live together then. I'm guessing that option would be a lot easier? Ideally we will try the other options first though.

[JandM]

I suppose another option would be her applying for the USA working holiday visa when she turns 18 - meaning she'd be able to stay here for a year and we could live together then. I'm guessing that option would be a lot easier?

Yes, it definitely would. She wouldn't be pushing any boundaries in that case. Anyway, good luck.

[Storm95]

It's a matter of the other person having definitively moved out from where they used to live, and so not being in a temporary situation.

It is always, for everybody, difficult to prove. It sometimes comes down to evidence from the home owners that the couple have a shared private space. And I'm sorry to mention this, but I think you may well have more difficulty than some couples because your girlfriend is so young. Her long-term intentions may be doubted.

As I said above, this situation of needing to get to live together in order to collect evidence is a grey area that is not specifically provided for in the INZ regulations. They're not trying to make it easy on anyone. All you can do is keep on trying. Some people get through at the first attempt, and others don't. There isn't a set route with a definite outcome. It is tough on you, and on everyone.

Would there be any issues with her coming here on a visitor visa/visa waiver and applying for partnership after say 10 weeks. If she got declined, would she be able to return on a visitor visa/visa waiver in the future and we try again? Or would they no longer see her as a genuine visitor and not allow her into the country?

Alternatively, is it not the same issue when applying for the working holiday visa when she turns 18, knowing that she will end up applying for partnership while she's here? Is this something we should disclose?

[JandM]

Would there be any issues with her coming here on a visitor visa/visa waiver and applying for partnership after say 10 weeks.

If she's admitted to the country, then there wouldn't be an issue about applying for the other visa any time while she's legally there. And she would be issued with an Interim visa to keep her legal while processing was going on.

If she got declined, would she be able to return on a visitor visa/visa waiver in the future and we try again?

In theory she could return, but it's likely she would be asked about her intentions on any future visit, having once applied for a partnership visa.

Alternatively, is it not the same issue when applying for the working holiday visa when she turns 18, knowing that she will end up applying for partnership while she's here? Is this something we should disclose?

It's all part of the same scenario - you're quite correct. But someone on a WHV is a more common sight than a repeat visa waiver visitor, so less likely to attract close questioning. Disclosure is something you'd have to make up your own minds about.

[sameer456]

Hello all, I received an email from my wife CO and she mentioned that she is processing the file today and she will contact my wife as soon as she makes the decision.

Then after few hours i checked my wife visa application online and found out that she applied for work visa based on partnership and it showed as work visa - pending. But today we were shocked to see visitor visa - pending instead of work visa.

Is this because the visa officer has opted to grant my wife with visitor visa instead of work visa? They havent still granted but we still hoping that this might be the case. And also the application number has changed and no lodgment date on it. Anyone with similar situation please share this with us.

[ChrisMwn]

If she's admitted to the country, then there wouldn't be an issue about applying for the other visa any time while she's legally there. And she would be issued with an Interim visa to keep her legal while processing was going on.

In theory she could return, but it's likely she would be asked about her intentions on any future visit, having once applied for a partnership visa.

It's all part of the same scenario - you're quite correct. But someone on a WHV is a more common sight than a repeat visa waiver visitor, so less likely to attract close questioning. Disclosure is something you'd have to make up your own minds about.

Aside from meeting airline rules if she can fly internationally without a parent at every stage you are likely to be hit with:

E4.5.15 Minimum requirements for recognition of partnerships

For the purposes of these instructions, a partnership meets the minimum requirements for recognition of partnerships if an immigration officer is satisfied that:

the couple were both aged 18 years or older at the time the application for a temporary entry class visa was made, or if aged 16 or 17 years old have their parent'(s) or guardian'(s) support for the application being lodged; and
the couple have met prior to the application being made; and
they are not close relatives (see F2.15(d)).

That would include any unaccompanied arrival at the border.