Best Option for Partnership Work Visa Application

[xkatiex]

Hi everyone

My partner (US citizen) and I (NZ citizen) will soon be submitting an application for a partnership-based work visa, and (like so many others on here) are stressed about the process and not sure we are doing the right thing in order to have the best chance of getting a visa granted.

So… we met online more than two and half years ago and have been maintaining a long distance relationship, so we have not yet lived together. He is planning to come here next month through the visa waiver system. We will gather as much evidence of living together as we can (following evidence suggestions on this forum), and then once he has been here for ten weeks or so, we will apply for a work visa.

I have read on this forum that about three months is the minimum amount of time living together for INZ to take an application seriously, and we won’t even quite have that much, so that’s a big reason for concern to us. We’re not sure whether we should stick with our original plan of applying within the visa-waiver window of 90 days, or if somehow getting more time living together under our belts first would significantly up our chances.

I guess our main questions are:

1) Will ten to twelve weeks be enough time to gather evidence, or are our chances of being successful with this method so slim that we should try to find an option for him to be here longer before we apply? I know some people have had success applying within this time frame, but I’m not sure if that’s the norm or more of a miracle…

2) Should we consider having him apply for a six month visitor visa before he comes to give us more time to gather evidence, or is it too risky in that if he says he is coming here to “look, see, decide” and they decline that visitor visa application, would he then not even be able to enter through the visa waiver program, because this failed application would be on his record/INZ computers? We don’t want him to get turned back at the border!

3) Is it feasible to plan to apply for an additional visitor visa after he arrives, to extend the time to six months before we seek a work visa, or is a visitor visa extension once he’s already here likely to be declined on the basis that he’s not a ‘tourist’ but is here to be with me and doesn’t intend to leave at the end of the six months? Could we still claim, “look, see, decide” at this point given that we will already be gathering relationship evidence?

4) Are there other options we’re missing? My partner doesn’t quite make the SMC point threshold and he’s too old for a working holiday visa. It would be extremely difficult for me to move to the US, so our first preference (by a wide margin) is to find a way for him to come here asap.

5) Should we seek the advice of an immigration adviser in this situation, or is it not really necessary at this point?

My partner will be making some huge sacrifices to come here, so we really want to make sure there's a good chance he'll be able to stay before he takes that leap. I know there are no guarantees, but it would be great to have some kind of indication of our chances, i.e. probable, possible, or snowball's chance of getting a work visa in these circumstances? Really at a loss as to what the best course of action is. Has anybody recently applied with a similar situation and been successful/been declined or know of any similar stories? Any thoughts/suggestions/inspirations would be gratefully received.

Apologies for the length of this post!

[JandM]

When your partner comes in on a visa waiver, he has the right to stay for three months https://www.immigration.govt.nz/new-...iver-countries. Therefore, there is no need to put in his application for a partner-sponsored temporary work visa quite as soon as after 10 - 12 weeks. As long as the application is lodged while his visitor visa is still valid (even in the last week or two), he is eligible to be granted an Interim visa to keep him legally in NZ while the application is processed, and during that time, you can be collecting still MORE evidence that you are living together - by the time a CO is looking at your case, you will most likely have the three months' proof, and more. (Carefully keep copies of what you submit, if you send in originals, and keep track of everything, because in the future, you will need this early stuff again when you come to apply for partner-sponsored residence, which needs 12 months' evidence. Even then, keep collecting, because INZ routinely call for more proof just before they issue any partner-sponsored visa, so as not to be granting a visa to someone whose relationship has broken down in the meantime.)

When he comes in on the visa waiver, he should use "holiday, and look, see and decide" as his reason for the visit, then, when he applies for the partner-sponsored visa, his record will show that he has not hidden his possible intention to stay.

That covers your questions 1 - 3. See here https://www.google.com/search?ei=Qkp...10.u3lzgAQVJ9I for old threads with discussion and examples of evidence that people have used.

4. I don't see any other options, but I don't think you'll need them, in any case.

5. You shouldn't need an LIA to submit the application, as it sounds straightforward - you will have time to get solid evidence. See for yourself - https://www.immigration.govt.nz/new-...lders#criteria. You can look at all the requirements there, and make sure that you will meet them.

[georginnes]

Hi xkatiex, welcome to the forum.
I entered NZ years ago with the see, look and decide also on visa waiver and applied to Partner work visa like two days before my visitor visa expired.
I agree with Jandm to keep track of all evidence submitted, make sure you keep the originals as you will only need copies of evidence at this stage. Make sure you collect a lot of stuff. Specially things that carry some sense of long term commitment like joint banking or even a temporary tenancy contract under both names.
Due to the nature of the relationship that you haven't yet lived together I reckon that a CO would like to also see some evidence of the social aspects of the relationship and how family and friends fit in it. I could only assume however.
You don't need an immigration advisor as long as you understand what you need to do and do proper research. Been there and it's a lot to take on with the first application so make sure you understand and know it all, tick all the boxes, write N/A if question does not apply. Sign the form! (I forgot to sign in my first application, I mean who does that?haha). Wish you best of luck!

[TheNewKiwi]

I am a US citizen and met my NZ partner online. On the advice of our immigration adviser, I applied in advance for a visitor visa, with my partner as my financial sponsor. I was up front that my purpose was to visit NZ, visit him, and see if I liked them both well enough to make it permanent. It was granted for six months, giving us more than enough time to accumulate the 3 months evidence for the partner work visa. When we were living together just over three months, so we had three full months of joint bills and bank statements, I applied for and was easily granted the work visa. When we were together just over a year (12 full months of evidence) I applied for and as easily granted residence. It was a very smooth process. Happy to answer any questions you have about it.