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Thread: Including my partner on my Resident from Work application

  1. #1
    Join Date
    Dec 2016
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    new zealand
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    Default Including my partner on my Resident from Work application

    Hi all

    To make sure that there wouldn't be any slippage, I'd better ask around....

    In short, I'll be applying for a residency through WTR (accredited employer) next week and I'll include my partner with this application. Our rough timeline is:

    - I got my work visa (accredited employer) on 1 March 2016.
    - On 7 May 2017, my partner joined me here on a 1-year partnership work visa.
    - We essentially never lived together at that point in time but somehow with the evidence submitted it was seen as a genuine relationship I guess (thus the approval of the visa).
    - Coming this 1 March 2018, it'll be 2 years on my WTR visa so I'll be applying for a residency and also include my partner.

    Now the questions:
    1) It has been just around 10 months that we've been living together in NZ. Would this be a problem at all for including my partner with this application?
    2) Do I still have to submit the whole lot of evidence proving our relationship (like when she applied for a work visa based on our relationship)? Or would the fact that her current visa is a work visa based on our relationship is just enough? Of course I'll still include evidence to confirm our living arrangement in NZ (rates bill, utilities, etc).

    I don't think that's a definite requirement for 'duration' of living together stuff when we're applying for a resident visa together (at least I couldn't find one)?

    Thanks

  2. #2
    Join Date
    Feb 2018
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    New Zealand
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    Default

    To just help with your points, you won't have a choice regarding your partner being included. They will have to be included if they are on a temporary partnership visa. Instruction R2.40 (Mandatory requirements for lodging a Residence visa) states "an application for a residence class visa made outside an immigration control area must.....d) include all dependants of the principal applicant where they hold or have applied for a temporary entry class visa based on their relationship to the principal applicant.

    Certain categories of residence have deferral periods where they have to wait until the 12 months are up before they can get their label,you will need to check if your's falls under that category.

  3. #3
    Join Date
    Jan 2018
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    New Zealand
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    Default

    Pls JandM how do I go about this? One of the point in my PPI is financial interdependent. But when I came to this country I brought my money in cash because I was sure if my cards were gonna work. So I gave the money to my partner and we were gonna have a joint account..
    But her bank said that I must be on a work visa for them to merge the account...so we held on to the cash and spend it on clothes, groceries etc....so along the line, someone on this forum told us about another bank and we were able to get it sorted and we use the little contribution from my wife to pay for miscellaneous even though we still use her old bank for the bills which were in our names..I'm gonna reprint the statement and send it to them because it only had about 2-3 record when it was first sent and now it's about 8 months...

    Pls help..... should involve a lawyer or agent in replying to all the point , or should I give it shot?
    Last edited by Eaglekiwi; 26th February 2018 at 05:32 PM.

  4. #4
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    emktx, following on from what Nzs just mentioned - and here is the link to that regulation https://www.immigration.govt.nz/opsmanual/ (see sidebar R Residence Instructions > R2 Lodging an application > R2.40) - yes, there IS a time requirement for a partner to be a secondary applicant for Residence. R2.1.15 a ii (Residence>R Residence Instructions>R2.1) has the following.
    For a 'partner' included in an application to be granted a residence class visa an immigration officer must be satisfied that they meet 'partnership' instructions which are:

    that the principal applicant and partner are living together in a genuine and stable partnership (see F2.10.1); and
    that the couple have been living together in such a relationship for 12 months or more at the time the application is assessed
    (my bolding)
    But see R2.1.15.5 What happens if the partnership is considered to be genuine and stable but is less than the 12 months required? farther down that same page. If, by the time INZ is ready to issue you your residence, you can't show proof of 12 months living together, they can tell your partner to apply for a further partner-sponsored temporary work visa for the extra time that is needed, THEN grant her residence.

    You need to submit again any evidence you have that shows you living together at the early stage (I see you say you got the partner-sponsored work visa without having lived together - it's hard to understand how that happened), then add more evidence to show you are together steadily throughout the time since she arrived. Keep collecting evidence even after the application has been submitted. For one thing, INZ commonly asks for more partnership proof covering the processing time just before issuing any visa based on partnership (making sure they aren't giving a visa to someone whose relationship has broken up in the meantime), and for another, given normal waiting times till an application is allocated to a CO, it's possible that by then, it will all add up to 12 months.

  5. #5
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    Eaglekiwi, your case isn't the same as the original poster's on this thread. Work out how to PM me if you don't want to put the details of the PPI email on an open thread.

  6. #6
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    Dec 2016
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    new zealand
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    Default

    Thanks everyone.

    @JandM, I just realised a police check is also needed from Australia so it's become more and more likely that the 12-month mark will be hit....

    I'd like to apply for this as soon as possible simply because my partner's 1-year partner-supported work visa will expire on 6 May. 6 May is the date that the 12-month living together will be fulfilled and it will rule out most of the uncertainty. But if I'm to wait until then (or no decision is made until then), then we'll need to arrange for another work visa for my partner, correct? No bridging, temporary, or interim would be issued with the residence application?

  7. #7
    Join Date
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    new zealand
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    Specific to the situation where my partner's visa is (likely) due to expire before we're granted residency, what options do we really have?

    1) Apply for another partner-sponsored work visa
    2) Apply for a general visitor visa. Is this even possible? She definitely will not be employed by then but the purpose of staying also definitely not "visiting". Looking at this only it's a lot cheaper

    In both cases, an interim visa will be granted as soon as the lodgement is completed and will be valid up until the decision for that very application has been made, correct?

  8. #8
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    But if I'm to wait until then (or no decision is made until then), then we'll need to arrange for another work visa for my partner, correct? No bridging, temporary, or interim would be issued with the residence application?
    Correct, and correct.
    2) Apply for a general visitor visa. Is this even possible?
    No, it's not. A visitor visa is ONLY for the genuine purpose of a visit, when the person has a place in some other country which they are expecting/intending to return to, and is not a catch-all for other situations (unless INZ, in full knowledge and for their own purposes, decides to issue one). For goodness' sake, DON'T think of trying to side-step INZ regulations. Look up INZ Bona Fide. Everyone must deal frankly with INZ, as, if they are found not doing this, it can be considered as fraud, and put a stop on this and any future visa applications for anywhere.

    So yes, your only choice is for your partner to apply for another partner-sponsored work visa.
    an interim visa will be granted as soon as the lodgement is completed and will be valid up until the decision for that very application has been made, correct?
    Yes.

  9. #9
    Join Date
    Dec 2016
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    new zealand
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    Thanks JandM. Not trying to cut the corner or anything, if it's not legit I won't be going that route.

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