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Thread: Can you leave your partner out of your Talent(Accredited Employer) Resident Visa Application?

  1. #1
    Join Date
    Jan 2019
    Location
    New Zealand
    Posts
    10

    Default Can you leave your partner out of your Talent(Accredited Employer) Resident Visa Application?

    Posting on behalf of a friend. Please advise!
    My friend is currently on a Talent(Accredited Employer) Work Visa and will be completing 24 months soon. His wife holds a dependent work visa based on his relationship to her. He is willing to apply for a Talent (accredited employer) resident visa soon. Only catch is: His wife has wrong DOB on her birth certificate and can not get it amended without a court ruling which could take up to years in India.
    The question is : Can he apply for residency for himself only while his wife switches over to another work visa sponsored by her company?
    I have read on the criteria for Talent(Accredited Employer) Resident Visa :"If any of your immediate family members hold New Zealand temporary entry visas based on their relationship with you, they must be included in your residence application." But can they work around it by switching her over to a separate (not relationship based) work visa and just get his residency processed first and meanwhile wait for the court case to proceed and get her birth certificate amended and then apply for residency based on their relationship?

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

    Default

    I don't think your friend should try to "work round" anything, as it could lead to much bigger problems later, by sending the wrong message to INZ about their relationship. Also, they should bear in mind that any lie in any application to INZ can be interpreted as fraud, which can cause visas to be annulled, and block any future applications.

    If the wife switches to a different visa, NOT a partner-sponsored one, and the husband applies for residence without her being included, it looks as though they are no longer partners. Then later, if she tries to apply for residence sponsored by her husband, INZ can say, for instance, 'But she wasn't included on your residence application, which breaks the rules if you were living together, and/or now we don't think you have a continuing relationship.'

    I found this https://www.immihelp.com/nri/indianp...-of-birth.html, which your friend could check out, as it suggests a different method of getting the DOB changed (rather than going through the court) - notice, he should check this out with the Indian authorities.

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