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Thread: Applying Permanent Residence visa as a spouse of Expatriate New Zealander living overseas

  1. #1
    Join Date
    Dec 2015
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    Default Applying Permanent Residence visa as a spouse of Expatriate New Zealander living overseas

    Hi All,
    I posted this thread back in 2015. https://www.enz.org/forum/showthread.php?t=48614 I am now holding 2nd and subsequent resident visa which will be expiring in early 2020. I am now planing to apply PRV through the same family partnership category. My husband is an expatriate New Zealander, still. I read the clause below from INZ 1176 guide and I am wondering if anyone out there had similar experience applying the same category as a spouse of expat NZ citizen.
    'A small number of people can be granted a permanent resident visa without first having held a resident visa. These are:
    'partners of New Zealand citizens, where the couple has been together for more than five years and the New Zealand citizen has been overseas for more than five years.'

    If you had applied, could you share your experience please? Do I have to submit police cert, medical cert again? As I mentioned, I am currently holding the residence visa (for 2nd term). I don't live in NZ. Thank you.

  2. #2
    Join Date
    Feb 2008
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    37,835

    Default

    See F2.5.1 here. https://www.immigration.govt.nz/opsmanual/#46503.htm for the actual detailed regulation covering this point.

    The only accounts I have seen on the threads about using this provision have been unlike your case in that you already hold a Residence visa. For the other people, the foreign partner has not had a Residence visa so far, and has applied for partner-sponsored Residence, also pointing out that they have been living with their NZ partner outside NZ for five years or more, so they appear to meet the criteria for being granted PR directly. In other words, they applied for Residence, and/but were granted PR.

    You will notice that the rules require that the applicant meets all the criteria for being granted a Residence visa, so, for either Residence or PR, you would have to prove your case all over again. (INZ don't grant partner visas without making sure that the relationship is still in place and hasn't broken down in the meantime.) Whether or not you would have to submit a new police certificate and medical would depend on how long ago they were done. This instruction https://www.immigration.govt.nz/opsmanual/#41439.htm says a police certificate can be used again with 24 months of being accepted for a previous visa, and this one https://www.immigration.govt.nz/opsmanual/#46161.htm that a medical can be used again within 36 months of previous acceptance. (In either case, though, INZ are allowed to require a new one to be obtained.)

  3. #3
    Join Date
    Feb 2016
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    New Zealand
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    Looked at your old thread and what's happening now you can tell that inz has really sinked so bad . Your application
    Was processed Under
    1.5 months oh my life

  4. #4
    Join Date
    Dec 2015
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    Thank you JandM for the tips. Very helpful. I will try to update you the outcome of the my PRV. I will try to submit it within this month.

  5. #5
    Join Date
    Dec 2015
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    HK, China
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    Default

    Quote Originally Posted by onyiking View Post
    Looked at your old thread and what's happening now you can tell that inz has really sinked so bad . Your application
    Was processed Under
    1.5 months oh my life
    What visa are you applying and what category? I have read from many threads, not only here but also from other online sites that residence visa through partnership is the fastest processing turnaround time. Good luck to you.

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