WHV to Partner Work Visa Help

[Adgj1379]

Hello,

I am currently on a WHV due to expire January 31st. My partner and I met and starting dating in June, and we moved in together in November and opened a bank account. I am in the process of getting my items together for the Partner of a NZ work visa (he is a NZ citizen) and may apply either now or in January.

I have a trip back to the US over the holidays for 2 weeks and I am wondering two things:

1. Is it best to wait to apply until after I get back or get the ball rolling now? By near end of January we would have been living together 2 months.
2. Will an open visa application affect my reentry, or do I need to even mention this at passport control?
3. Will I have trouble reentering NZ in January when I get back from my trip since I would only have a few weeks left on my WHV? Conditions do state reentry for the entirety of the visa.

Just not sure what to say if I start getting questions about my future plans, if I have a ticket out, etc.

Thank you!

[Kelerei]

1. Is it best to wait to apply until after I get back or get the ball rolling now? By near end of January we would have been living together 2 months.

You may apply when you are in a position to satisfy the WF2 immigration instructions.

I cannot tell you whether you should apply now, or later: only a licensed immigration advisor may provide that type of advice.

2. Will an open visa application affect my reentry, or do I need to even mention this at passport control?

It is possible (and has happened before) that an open visa application may adversely impact the assessment of whether you are a bona fide entrant for your previous visa, which can (in the worst case) result in refusal of entry permission and subsequent turn-around. See E5 in the operational manual. Having said that, the examples that I've seen on this forum are people travelling visa-waiver (and consequently applying for a Visitor Visa on arrival) who have long-term visa applications (Work or Resident Visa) in progress, and I have not personally heard of entry permission being denied due to a failed bona fide assessment for a Work Visa holder applying for a further Work Visa (albeit under different immigration instructions).

Again, I cannot tell you whether this will happen in your case, and again I recommend that you get specialist advise, either from INZ themselves or a licensed immigration advisor.

3. Will I have trouble reentering NZ in January when I get back from my trip since I would only have a few weeks left on my WHV? Conditions do state reentry for the entirety of the visa.

If you are granted entry permission (see the answer to question 2), you should have no problem: INZ should grant you an Interim Visa to keep you legally in the country if your WHV expires before a decision on your Partnership of a New Zealander Work Visa is made. You must be onshore to be granted an Interim Visa however, and you will have no travel conditions.