Non applicant just started his Residency Visa

[robdawn1]

Hey People, hope you're all well. I'm looking for advice about my visa situation. I recently just entered New Zealand and started my Residency Visa with two years travel conditions. I would like to take this to Permanent Residency but my situation has made it a bit unclear. My Ex was the principal applicant and me being the Non-principal.

Eligibility for partners of principal applicants
If you were the principal applicant’s partner when you were included in their residence application, you may be eligible for a variation of travel conditions or a new resident visa if one the following apply to you:

You and the principal applicant have separated or divorced.
You have a protection order against the principal applicant.
The principal applicant has been convicted of an offence against you or a dependent child.
The principal applicant died.
The principal applicant is a New Zealand citizen now.

So here it says I may be eligible for a change in the travel conditions, I guess that means an extension, or it also says a new resident visa, which doesn't sound like permanent residency. I'm not sure If I have to contact Immigration and ask them for a new Residency Visa now or if I can just keep going and supply proof when it comes to application that we are separated. Do I did to talk to immigration now? Thank you kindly for any wisdom you can give.

Have a great day, Rob

[JandM]

You don't need to do anything at all at the moment. After two years, if you have qualified in one of the ways laid down https://www.immigration.govt.nz/new-...-visa#criteria, you will then need to show evidence that you and the main applicant are now living separate lives, so as to be able to get PR in your own right.

Partners are given residence because they have proved partnership BEFORE the application - all that evidence that you had lived together for 12 months or more. Then you were issued the visa, and it is YOUR visa, not dependent upon what you do now, and not dependent upon your partner. It's the same residence, with the same privileges, as if you had qualified by having a skilled job, and it gives you the right to live and work in NZ for ever, while you are within NZ. With it came two years' travel conditions, which is just a name for re-entry rights - you can come and go freely for two years. After that, if you want to be able to continue to leave and re-enter, you need to get PR, or a variation of travel conditions if you didn't yet qualify for PR: the only way your residence could lapse is if you were outside the country with no permission to re-enter because your travel conditions had come to an end.

[JandM]

https://www.enz.org/forum/showthread...777#post575777 This is what I was telling you in this old post.

[robdawn1]

JandM, Thanks for the clarification and sorry for asking again many months later, I just wanted to be double sure I didn't have to inform immigration now rather than later mainly. So I can apply just like everyone else, do I need to keep records of when and where I have been in the country to log the 182 days within each two 365 day segments? Is there anything else that can be provided upon application to satisfy immigration or anything I need to expect apart from the proof of separation (which will be very easy)

Thanks again JandM

[JandM]

It's 184 days, not 182 - i.e. half the time. When considering that, remember that INZ count BACKWARDS from the date of application for PR to check this out, which means that, if you're out of the country very often, you need to count your days carefully, checking that they're within the 12 months leading up to submission, then the 12 months before that.

No, if you're going to use the "time in the country" criterion, you don't have to do anything, because the INZ computer records any time that your passport is scanned at the airport, coming and going, so they have all the evidence of that.

I remember that some forum members had a bit of hassle proving separation, so don't take it lightly, and be ready with all evidence you can think of.