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Thread: Husband still in the UK, residence application

  1. #1
    Join Date
    Nov 2018
    Location
    England
    Posts
    62

    Default Husband still in the UK, residence application

    I currently have a 12-month work partnership visa which has enabled me to secure work here in NZ, and to start setting up our lives here while my husband wraps up his work commitments in England (he is a NZ citizen).
    Our plan is to submit my application for residency early in May, before my police certificates go out of date, but we are concerned about the fact that we are currently living apart (I am living with my in-laws!) and how that will be perceived...
    Any thoughts or advice, please?

  2. #2
    Join Date
    Jan 2019
    Location
    new zealand
    Posts
    170

    Default

    Is it partnership residency you're applying for? My understanding of that visa is that you have to be living together for 12 months continuously – no gaps. That was the impression I got when I applied for it 4 months ago (still waiting for a CO). I had to give all my residential and financial evidence for every month, for 12 months, to prove we were (and still are) under the same roof for the duration – and that we were financially dependant on one another. I don't think they make allowances for gaps in living together... but I could be wrong (not inz advice, just my experience). Perhaps if you have many years of living together abroad and it's only a few weeks or months apart then maybe they'll allow for it. Good luck!

  3. #3
    Join Date
    Nov 2018
    Location
    England
    Posts
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    Hi and thank you for your reposnse.

    We’ve been living together for 7 years and have been married for 6 so it’s only these two-month period and the fact that I’ll be submitting my residency application while he is still in the UK.

  4. #4
    Join Date
    Jan 2019
    Location
    new zealand
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    I think you might have an issue then unfortunately – INZ are really strict about the 12-month rule.

    If you've only had one partnership visa – I believe you can get another (from what I've seen on ENZ) but I know they generally don't give out a 3rd unless they really have to (residency in progress etc).

    At least then you can spend the next year building up evidence of co-habitation and financial dependency. I know you will have years and years of this evidence already but unless it's continuous over the past 12 months; at the time you apply – they most likely won't say yes unfortunately. It's frustrating

  5. #5
    Join Date
    Jan 2019
    Location
    new zealand
    Posts
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    Default

    Perhaps @JandM can shed some light. I'm just going by what I've read in my application process and on this site.

  6. #6
    Join Date
    Jan 2019
    Location
    new zealand
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    170

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    from INZ:

    "Time spent living apart
    If you and your partner have spent time living apart, you should provide information about your separation, including:

    the reasons you were living apart
    how long you were living apart
    how you kept in touch while apart.
    We'll use any evidence you provide about your separation to assess its effect on your partnership."

    Judging by this, if you can get together your living together evidence from the past 7 years and why you've been apart (moving to NZ). You may be ok

    You may even get PR right away.

  7. #7
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    This should be no big issue at all, BananaFace.

    See the bottom paragraph here https://www.immigration.govt.nz/new-...ly/partnership Time spent living apart.

    There are many people on the forum who have had very similar situations to yours, where one or the other partner has to sort out work commitments, or pack up a house, or let children finish out a school term, before making the move. When there is a solid body of proof of previous life together, and an obvious sound reason that the couple have to function independently for a short while, and they supply the evidence to show that they're keeping in touch (e.g. financial and phone records, emails, Skype or similar), this is no barrier to INZ processing the application. In your case, the fact that you are living with his family is good. If you can also supply his plans as to what he will be doing when he gets back to NZ - work plans, where you will be living, etc. - that will clearly show the intention that you are going to be there together. (The important point of that is that partner-sponsored visas are granted so that the foreign partner can be in New Zealand WITH their NZer partner.) It occurs to me that, as INZ is still running fairly slowly (this thread https://www.enz.org/forum/showthread...943#post579943 shows an application from early December only just allocated to a CO now, mid-April), by the time your application has queued for its turn to be allocated to a CO, your husband may already have made it to NZ when processing starts, or get there during processing, which would back up the partnership even more solidly.

  8. #8
    Join Date
    Nov 2018
    Location
    England
    Posts
    62

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    Hi JandM - that point you made there is exactly my concern (about the basis for the work partner visa) , but hopefully our evidence will prove pretty solid: my interviews & employment contract, my husband’s application, twice a day FaceTime comms plus countless messages (it’s been a gruelling time apart!), all the relocation paperwork and comm addresses to us both (plus payments made by both) and as you said the fact that I am living with my in-laws.
    Thank you ever so much for the info

  9. #9
    Join Date
    Feb 2008
    Posts
    37,824

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    Everyone with an application in to INZ ALWAYS feels anxious. You're not alone. But you're doing everything right, from the sound of it. Keep collecting the evidence. And when he arrives, start immediately with the photographs of you together, the joining things (e.g. clubs, library), the signing with a doctor giving the same address where you are, etc. etc.. MAKE snailmail come for each of you, by ordering stuff, and by writing to official bodies (banks, services) so they reply, and keep the envelopes as well as the letters. INZ normally ask for more proof just before the visa is granted, making sure the relationship is still going before they issue the visa, so then you'll be ready.

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