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Thread: HELP- My partner's residence will be in process soon but her temporary visa will expire soon (in 3 months)

  1. #1
    Join Date
    Nov 2017
    Location
    South Africa
    Posts
    6

    Default HELP- My partner's residence will be in process soon but her temporary visa will expire soon (in 3 months)

    HI ladies and gents,

    I am in a bad situation right now with my partner ability to stay legally in NZ without being deported.

    My partner got granted a 2 year New Zealand work visa when we were in South Africa nearly 2 years ago. That work visa will expire in a few months (February 2020) and we're now at 12th November 2019.
    I am currently working through to apply for a Residence Visa for my partner but understand this process will take months to complete and almost certainly go over the February 2020 expiry date of her current Work Visa.

    The issue i have is how do i keep my partner in the country (legally of course) until her Residence Visa is decided? I have heard of applying for a new work visa extension which will most likely be another 12 months but when applying for Residence, our passports will be submitted with the application so how can we apply for the work visa extension when our passports are with INZ in the Residence Visa application.
    Also how long will it take for Immigration New Zealand to process a work visa knowing that my partners existing work visa expires in 3 months?

    Our medical exam results are still valid and we have fresh police clearances completed. All other evidence we have so no issues there.

    I am very worried. Yes we applied late for her Residence and should have done that earlier but we were not aware of the long process times for the Residence Visas here assuming it may take a few weeks like it did for my partner to get her Work Visa when she applied when we were in South Africa.

    Any help will be highly appreciated.

    Regards,

  2. #2
    Join Date
    Feb 2019
    Location
    New Zealand (ex: South Africa)
    Posts
    197

    Default

    Your partner will need to submit an application for a further Work Visa in order to legally remain in New Zealand while the Resident Visa application is under consideration.

    If the existing Work Visa expires, and an application for a further temporary visa (i.e. Visitor, Work or Student Visa) is still under consideration, INZ will almost always automatically issue an Interim Visa to keep your partner legally in New Zealand until a decision on the further temporary visa is reached. Note that an Interim Visa is not issued in the case of a temporary visa expiring while a Resident Visa is under consideration; hence, the likely need to submit an application for a further Work Visa (given current processing times, the current Work Visa will likely expire before a decision is made on the Resident Visa).

    To quote INZ themselves on the Interim Visa factsheet (linked above): "If you’ve applied for a resident visa, and you think your visa may expire before we make a decision about your residence application, you should apply for a temporary visa too. That way you’ll be eligible for an interim visa if you need one." This nicely summarizes what you and your partner will likely need to do.

    You will not need to submit your physical passport with either application if applying onshore: a certified copy of the biodata page is sufficient. For most onshore applications, INZ will have already sighted the passport itself, so they often will deem it unnecessary to sight it again. If they do decide that they need to physically verify your passport, your case officer will let you know -- but from my own experience, this happens after the case officer makes the decision to approve the application (and said decision has gone through the second-person quality control check). You would receive an "Approved in Principle" letter stating that you will need to submit your passport before your visa will be formally issued. (This happened with our Resident Visa application as we renewed one of the passports while the application was under way, and INZ issued an AIP stating that, for the visa to be issued in the new passport, it needed to be submitted -- and the visa was issued days after they received it.)

    So, for us, the process looked like this:

    1. Resident Visa application submitted
    2. Partner needed to renew her UK passport
    3. Case officer assigned, began working through the application
    4. Partner received her new UK passport and let case officer know (sending through a certified copy)
    5. Case officer completed her evaluation and sent it to second person checking
    6. Second person checking completed
    7. Approved in Principle letter issued; application approved but partner would need to send through new passport for physical verification before visa would be issued
    8. Passport sent (later that same day!)
    9. Visa issued and passport returned


    If applying from South Africa, you will almost certainly have to submit your passport to the Visa Application Centre in Pretoria (blame fraudulent passports issued by corrupt officials at the Department of Home Affairs for this), but my experience with them is that they are quick about physical passport verification, and (if instructed to return your passport via courier) will do so the next business day.
    Last edited by Kelerei; 12th November 2019 at 03:46 PM.

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