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Thread: Can my mum cancel my resident visa?

  1. #1
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    Sep 2017
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    Unhappy Can my mum cancel my resident visa?

    I am a 17 year old high school student.
    We gained our resident visa in May 2016 and the principle applicant is my mother.
    Mum and I have gone through alot of auguments and I have left home right now.
    I have made my own decision to redo year 13 again next year.
    However, mum did not want me to do that and she is telling me that she is going to go back to our country in November and she will cancel our family's visa.
    Is this a possible case? Or is she just trying to threaten me?

  2. #2
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    Feb 2008
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    Do you have a residence visa sticker in your own passport?

    (I've just removed your identical post on the other thread - you don't need to post in different places. Most members come in by the New Posts option, so will see whatever is new since their last visit, and you won't get overlooked.)

  3. #3
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    Yes I do!

  4. #4
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    Yes I do have the sticker on my passport

  5. #5
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    Then you are a resident. The NZ government granted you that visa, and it's only the NZ government that can take it away. (Proving that you were the dependent child of your mother, who was the main applicant, gave a reason for the visa to be granted, but that was all BEFOREHAND, and does not affect your status now.)

    I understand that you are presently not living at your mother's home. How sure are you that you can manage to live and study without her support? (You don't need to give details - I'm just thinking, not everybody who is 17 has thought through everything necessary to have a home and food, and you will need to do this in order to succeed.) Did your mother want to you to leave school and get a job? - you might need to work in your spare time alongside your Year 13 studies.

    One further thought - you said you got your residence in May, 2016. Is that when it actually runs from? (I'm thinking, if you were overseas, it would be activated and start running when you arrive in NZ, but if you were already in NZ, it would run from the moment it went in your passports.)

  6. #6
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    Sounds good to here that she is not able to cancel my visa.
    As I mentioned before, mum and I were going through lots of arguments and my dad is also against mum so if I do end up redoing level 3 next year, he will be the one giving me support(yet they are not divorced)

    I was in NZ when we gained the visa.

  7. #7
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    Okay... the reason I asked about the date is that your change to Permanent Residence will depend on the main applicant's actions, you having been a dependent child orginally. (This may also affect your father if he was a secondary applicant on the original application.)

    Here are the regulations. https://www.immigration.govt.nz/opsmanual/45650.htm RV1.20.5 will cover you.

  8. #8
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    Thank you!!
    Just to clarify, even if my mum wanted to cancel all our family's visa INCLUDING HERS, is it not possible for her to cancel mine and the rest of our family's?

    Another question is, If my mum does not apply for the permanant resident, do we lose our resident visa?
    If so, will my dad and I be able to apply for the permanant visa on our own when we are not the main applicants?

  9. #9
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    No, she couldn't. The government issues visas, and it is only the government who can withdraw them, which it only does for very solid reasons, such as if someone has committed a serious crime, or is discovered to have falsified evidence to get it in the first place. If she decided to leave NZ and not take advantage of her visa any more, that is up to her.

    While you are in NZ, you and your father have residence for ever. The difficulty would come for you when, after two years, your travel conditions will have expired, so you wouldn't have the right to come back into the country if you left for whatever reason - holiday, or a visit to relatives, for instance. In that situation, your residence would lapse, because you couldn't get back in to use it. This is why you need to get Permanent Residence, since PR holders have the right to come and go for ever.

    What follows is from the INZ operational manual, not just my opinion. This is the NZ government talking to you. Looking back again to the link to that same page, you will see that there are ways that you DON'T have to rely on what your mother does (or doesn't do).

    This is what concerns your father. (Notice the bolded parts.)
    RV1.20.1 Non-principal applicants who are partners

    The partner of the principal applicant is eligible to be considered in their own right for variation of travel conditions or a new residence class visa if the following events occur:
    the partner and the principal applicant become divorced or separated; or
    the partner is granted a non-molestation or protection order against the principal applicant; or
    the principal applicant is convicted of an offence against the partner or a dependent child;
    the principal applicant dies; or
    the principal applicant has obtained New Zealand citizenship.
    Evidence of the circumstances in which the partner of a principal applicant may apply for an a variation of travel conditions or a new residence class visa in their own right may include but is not limited to original or certified copies of the following:
    the final decree of divorce or a dissolution order from the principal applicant; or
    a non-molestation or protection order against the principal applicant; or
    evidence that the principal applicant has been convicted of an offence against the person of the partner or of a dependent child; or
    evidence of separation; or
    the death certificate of the principal applicant.
    (If he is going to need to prove separation in order to get PR, he needs to think about there not being financial or other links of convenience between him and your mother. There have been cases where INZ did not recognize separation because one partner was using a car that was still registered in the other partner's name, for instance, or still lived in a part of what had been *their* home, although without daily contact.)

    Then the part that concerns you. (Again, see the bolding.)
    RV1.20.5 Non-principal applicants who were dependent children in the original residence application

    The eligibility of a dependent child included in the original residence application for a permanent resident visa, a variation of travel conditions or a second or subsequent visa will be assessed in the same way regardless of whether that child is still dependent at the time of application.
    In the case of the dissolution of a partnership as described in RV1.20.1(b) above, a child’s eligibility will be assessed on the basis of:
    whichever parent has legal right of custody if they are under 16 (see R2.1.45); or
    whichever parent they are living with if they are 16 or over; or
    the principal applicant, if they are 16 or over and are not living with either parent.
    If the principal applicant dies or obtains New Zealand citizenship, children must be assessed on the basis of the eligibility of the non-principal applicant partner included in the original residence application.
    The child can be assessed in their own right if the provisions of (b) or (c) above require that a child be assessed on the basis of the non-principal applicant partner included in the application, and this is not possible because:
    a non-principal applicant partner was not included in the application; or
    the non-principal applicant partner has died; or
    the non-principal applicant partner has obtained New Zealand citizenship.
    Children who wish to have their application under these instructions assessed based on the eligibility of a person other than the principal applicant must provide evidence that their circumstances meet the criteria set out in (b) to (d) above (for example, evidence of custody).
    You therefore need to make sure there is clear evidence of where you are living - that it is with your father, not with your mother. Then it is his eligibility for PR that will determine yours.

  10. #10
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    Sep 2017
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    Christchurch
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    Hi. Thank you so much.
    Sorry I know it's a repeated questions over and over again, but I'm just so worried.

    So she is the principle applicant, and if she goes to the NZ immigration WITH ALL OUR FAMILY'S PASSPORTS and wanted to cancel all the residency INCLUDING HERS, she couldn't?

    Sorry this will be the last time.. T.T

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