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Thread: HELP - Options while waiting for Residency Application Result

  1. #1
    Join Date
    Feb 2017
    Location
    NZ
    Posts
    17

    Question HELP - Options while waiting for Residency Application Result

    Hi Everyone,

    I have been stalking this site for almost two years now and I must say, the success that I have had so far in all my visa applications is due to the information I got from this site. Very informative and comprehensive - Id like to start by thanking the people here. WELL DONE, you guys!

    Now to my story. I met my NZ partner back in the Philippines - May 2015 . We dated and decided that I will move here so we can be together and hopefully migrate with my kids once we are eligible. (I have two kids from a previous relationship that did not work out). I have lodged a visit visa thru partnership application (February 2016) and got approved. Arrived in NZ last March 2016 and lodged a work visa thru partnership application (August 2016) got approved and started working for a financial company here in NZ. After a year and 5 months of solid living together in NZ, we then submitted my residency application with my kids as dependents - August 1 2017. I have also submitted a new work visa thru partnership application at the same time and was approved after two weeks (August 16 2017 - valid until September 2018). The status of the residency application online as of today is pending and through a recent phone call to INZ they advised that the application is waiting to be allocated to a CO.

    Now to my dilemma. Christmas is fast approaching and I am desperate to be with my kids again. Its so difficult especially for my youngest which is 3 years old.Since I've separated from my ex,my kids have been staying under my parents care. I have asked Immigration NZ and got two suggestions from two different people . One said I can lodge a general visitor visa for both my kids and that I can do this online or here through the Auckland branch.Just send a cover letter indicating the residency app reference number and advise most of the documents are attached to that application. (Keep in mind all my kids original documents - passports, consent from ex to move here, birthcertificates - are here in NZ, sent from my home country.) Once approved, they can come here by Christmas and then wait until the residency results come out. Another said since I have applied for residency with my kids as dependents, I should apply for a dependent child of a worker visa and that since the kids are in my home country I need to send all documents back there, get new documents from my home country since most of their documents were submitted to INZ (residency app) and they have not returned it, and then have the application lodged in my home country.

    I am too confused to think now. At the same time I am trying to figure out which option / suggestion will tick all these boxes for me or answer these questions for me.

    1. have my kids here before Christmas
    2. visa that will not require a return ticket(at least not to the point that they cannot board the plane if they cant present this)
    3. can I lodge the application here in NZ and ask them to refer to the residency app documents
    4. if I need to lodge the application in my home country - can I ask INZ to borrow my kids documents that has been kept with the residency application (get them certified by JP) and then return them to INZ afterwards.

    Its a very lengthy story. Thank you to anyone who has read it this far. And I'll be looking forward to your comments / suggestions.

  2. #2
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    Hello.

    Bear in mind that the INZ telephone answerers are just a human FAQ system, looking up what is in the data-base. None of them is a Case Officer. None of them can tell you for sure what the outcome of an application will definitely be. Well, BOTH those possibilities you were told are in the data-base. Either one could work out, but it's not definite either way.

    I know what follows isn't what you want to hear, but it's best to be clear-headed about this. You have an application in, which will IN THE END get your children with you, and/but you're hoping for a quicker outcome for emotional reasons.

    Bear in mind that INZ officials can't and don't take account of applicants' feelings. They would go crazy if they did, because EVERY SINGLE APPLICANT has the rest of their life hanging on the outcome. I'm saying this to point out that your wish to have your children with you for Christmas is not actually huge for officials. Christmas? - just another date. Those children are already on an application as dependents, which will be decided sometime or other in due course.

    That is not to say that you can't try one of the options suggested. Nobody here on ENZ can advise you, in the sense of tell you what to do - that is against the law. https://www.enz.org/forum/showthread.php?t=24859 https://www.enz.org/forum/showthread.php?t=51538 So you have to decide for yourself, being warned that it's not certain that you will be able to get the result that you want.

    My feeling is that it's MOST IMPORTANT that you should not interrupt processing of your residence visa. Just think, if your case comes to the front of the queue (which could happen any time) and is allocated to a CO, s/he opens the file to work on it - and half the paperwork isn't there because you've asked for it back. This is definitely NOT a good scenario.

    To summarize: you can't necessarily get what you want in the short term, and...

    1. no guarantees,
    2. they still might need return tickets, but a) there are flights where the return is hardly more expensive than a single, and b) there are some where you pay more but an unused return part is refundable,
    3. yes - cover letter giving all details and any reference numbers of your existing application,
    4. I've already said what I think about this.

  3. #3
    Join Date
    Apr 2017
    Location
    Wellington
    Posts
    60

    Default

    I will put this here because I think that this should be part of your consideration, specially if your relationship to the children's father is estranged and if he is declared in the Birth Certificate of the children as the father.

    https://www.immigration.govt.nz/opsmanual/30897.htm

  4. #4
    Join Date
    Feb 2017
    Location
    NZ
    Posts
    17

    Default

    Thank you for the input JandM. Definitely made me look at this whole thing from a different perspective.

    Thank you as well to raleigh119 for the reminder. Fortunately I've got this item covered with a legal document witnessed by a lawyer back home in which my ex has affixed his signature. I made sure the words used in the document mimics the requirement as it appears on the opsmanual.

    I hope the next time I post in this forum is to share the good news about our residency application. Thanks you guys!

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