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Thread: Resident Partnership Questions/Comments

  1. #1
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    Default Resident Partnership Questions/Comments

    Just recently, my father got his resident visa (Parent Category Tier 1) with financial independence support (pension).
    Although his visa conditions stating he is being sponsored by me for the next 5 years + (s49 of the Immigration Act 2009), is it possible for my father to sponsor my mother
    as a Partnership of a New Zealand resident since she could not be included in the original application because of insufficient financial reasons.

  2. #2
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    she could not be included in the original application because of insufficient financial reasons
    What was the problem? This could make a difference to the answer.

  3. #3
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    My father could only support himself with his current pension (guaranteed lifetime minimum income of at least NZ$27,898 per annum) but not as a couple which was (NZ$41,046 per annum)

  4. #4
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    Letting you know I have seen this. If I find anything out, I will come back.

  5. #5
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    I believe the answer is no but I may be misinterpreting the instruction. I've underlined the relevant bits below.

    F2.40.5 Applications under Partnership Category of persons eligible for inclusion in earlier registrations or expressions of interest

    If the principal applicant in an application under Partnership Category was eligible for inclusion in a successful registration under the Family Quota, the Refugee Family Support Category, Samoan Quota Scheme or the Pacific Access Category, or in an expression of interest under the Parent Category or Community Organisation Refugee Sponsorship category from which an invitation to apply was subsequently issued, but was not included, they must not subsequently be granted residence under Partnership Category.

  6. #6
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    Basically, the purpose of this instruction is to stop people getting around the various different application type rules to come under partnership, which in reality is an easier category.

  7. #7
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    Nzs, thank you for that. My gut feeling was that there would be some such rule, but I couldn't immediately find it.

    Looking at the detail of the wording, it looks as though it could make a difference whether, in this case, the mother was REFUSED, or whether the family realized that there wasn't enough money and didn't apply to include her.

  8. #8
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    Thanks for that, we realized that there was not enough money to include her in the application.
    And sadly now that the Parent Category is closed, I could not sponsor my mother.
    If there is a possibility to apply her residence under Partnership but the sponsorship will be taken over the child, that would be great.
    Or maybe apply for a visitor/work from partnership, then extend it until the 5 years condition is lifted might be an option?

  9. #9
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    I think you probably need to talk to an LIA to find out what your options are. I haven't ever heard these issues raised on the forum, so I don't think there is anyone around with experience that they can share.

  10. #10
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    LIA will be the best bet for you as a good LIA will know the system in and out but i think it's unlikely there is a way for your mother to get residence at this time.

    If they are ineligible you will have to wait to see what they do with the Parent Category in the future then work out a plan. OIA request's show that the minister has been considering what to do with the category so we may find out within the next few months if it will reopen. (Likely before July 1 as that is when INZ start's it's "new year" but no guarantees)

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