Residency visa activation

[scrumpy]

Hi All,

I have a question about visa activation. I'm currently here on a work visa, and my partner on a partner of a worker. We have applied for residency (SMC) and been accepted, received the AIP, and heard from the case officer that the e-visa will be granted next week.

The complication - my partner's visa runs out on the 9th Dec (hence talking to the case officer to find out when it will be granted). I'm the principal applicant and will be out of the country next week until 12th Dec, therefore i'll be offshore when the residency is granted. My understanding is that means the SMC wont be activated until I return - but my partner will be here in the country, with a work visa that will expire and a granted residency visa that I can't activate until after her expiry.

Does this means she needs to apply for another visa, to tie her over for the 3 days in between her work visa expiring and me returning and activating the residency visa? This seems excessive - are INZ able to permit a work around in these situations? Any help greatly appreciated!

Edit: Or, is she able to activate the visa by virtue of the fact she will be in NZ, despite not being the principal applicant?

[Kelerei]

Your partner's Resident Visa will be activated independently of your own. R5.66.5(b) states "A person's first day in New Zealand as a resident...", therefore implying that this is individual to each applicant, whether or not applying individually or as part as a group. There's plenty of evidence on here that backs this up.

Please however be aware that, if your partner's Resident Visa is not granted before your partner's current temporary visa expires, your partner will be in New Zealand illegally and potentially liable for deportation (which will put the grant of your partner's Resident Visa on hold and, if deported, will mean that your partner's Resident Visa will be declined: see D2.10, D2.40 and D2.45). You may want to consider having an application for a further temporary visa ready to lodge (which will bring interim visas into play, see I1.5) in the event that the Resident Visa is not granted timeously.

[scrumpy]

Thanks very much - I'd found the Ops Manual but wasn't sure how best to interpret that section.

Absolutely - we're all set to submit a new visa if required, and have checked that she is eligible for the automatic issue of interim visa (as in, there's no flags that mean it would require manual assessment) - so happy waiting until the last minute. Thankfully the Case Officer has given his contact details and said contact him if the Residency hasn't come through and he'll try and sort it!