Urgent SMC Visa category Query

[princearora]

Hi
I am on Essential skills visa. I applied for my Permanent Residency. As my residence application was on final round of decision, the case officer emailed me that they have deffered my decision for month of November 2019 as they added my wife in my application too. My wife and I have been living together in New Zealand since last November so the decision is postponed to fulfill 12 months of living together criteria.

My visa will expire in March 2020. Now at this stage I am in a confusion whether My visa will be extended by them automatically or do I have to apply again for work visa. In case I have to apply for extending my work visa, shall I do it now or wait for the decision in November.

Any valid information shared will be of great help.

Thanks.

[JandM]

My GUESS is that your case is only waiting for the one fact - of 12 months' partnership - to be finalized. If that is correct, once November arrives, you will get your visa. If that is incorrect and you then hear of more action on verifying the other parts of your application, there is still five months before your present visa expires, which would be plenty of time to ask the CO, 'Is it likely to be approved or do I need to renew my work visa?' (It doesn't get renewed automatically.) In your place, I would wait and see the November outcome, as there is no need for urgent action.

[princearora]

Thank you so much for your reply. Fingers crossed till November.
One last thing Will the result be for both of us or only for me?

[JandM]

It will be for both of you, as long as you can show them evidence you have been living together for the full 12 months at that time - they always ask for more partnership proof, covering the time of processing, just before granting any visa, as a way of making sure they are not going to issue it for anyone whose partnership had broken up in the meantime.

[ysc5]

is that norm ? i thought only partnership visa require 12 month living togehter ?

[JandM]

The OP is asking about getting his partner included on his residence visa, and that requires 12 months' evidence of partnership. Check on the INZ factsheet, Criteria tab, and you can see for yourself.

[applej09]

Quick question. I’m about to send my EOI for SMC but I don’t know what to check on my status. I’m still married but already separated (not legally) since 2014 and I have a new partner since 2016 already. Should I tick the de facto only or separated or both?

[JandM]

I think, try both. You may very well get more questions, to clarify the situation.

[applej09]

I think, try both. You may very well get more questions, to clarify the situation.

Oh! That would be fine? Okay. Thank you very much. And by the way, if visa has already been issued for SMC and have decided not to bring yet my daughter which I will include on my resident application, would that be fine? Or does the visa has a date that you need to be in NZ?

[JandM]

If your application for residence is successful, visas will be issued for each person on the application. Each visa has a date printed on it by which it MUST be activated, by the passport being scanned at the airport of entry to NZ, otherwise that visas lapses. However, as long as your daughter makes one visit to NZ before the date stated, to activate her visa, she can go straight back again if that is what you decide, and after that, if you fulfil the requirements to get Permanent Residence (the further visa you can qualify for after at least two years in NZ), you will be qualifying on behalf of her as well, without her having to do anything herself.