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Thread: Applied for permanent residency and my ended relationship seems to be an issue

  1. #1
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    Default Applied for permanent residency and my ended relationship seems to be an issue

    Hi there. i have got residency granted around november 2 years ago through a partnership with a kiwi resident . i have applied for permanent residency about 2 weeks ago and despite everybody was saying my relationship was going to have noting to do anymore with my permanent residency application i have received an email from immigration asking to write a letter about when etc my relationship finished. is my relationship stil gonna be an issue? nobody told me i had to keep records and stuff. can they deny my permanent residency based on that? i m a bit confused since all the people i have spoke to at the phone during the years told the relationship wasn t gonna be questioned again. thank you

  2. #2
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    Have a read of the link below. I don't believe you will be refused PR. You may have to write a letter stating circumstances plus timings around the relationship ending.

    https://www.immigration.govt.nz/new-...tion-or-status
    Last edited by MagicPizza; 31st December 2019 at 10:08 AM.

  3. #3
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    thomasmost, what you have been told is correct - you had to prove the relationship in order to be granted residence, but the residence, once granted, is yours, NOT dependent on the relationship any longer. This link https://www.immigration.govt.nz/new-...he-application has the direct answer: "You are on a residence visa If we have already granted you residence based on your relationship, your residence status remains the same even if you separate."

    You can also see the criteria for being granted a permanent resident visa here. https://www.immigration.govt.nz/new-...-visa#criteria These are no different for someone who was sponsored for residence by a partner from someone who gained residence because of their job and qualifications (SMC).

    In your place, I would answer the questions you have been asked, so as not to hold up proceedings by seeming unco-operative, but I would politely point out that your former relationship is NOT part of the criteria for PR, referring to INZ's own information. (I'm wondering if perhaps you are being dealt with by a new CO who has got confused.)

  4. #4
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    thx guys!!!

  5. #5
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    They'll be investigating whether Section 158 of the Immigration Act applies and ensuring your relationship had not ended before the residence was granted/was not obtained through misleading or fraudulent statements
    http://www.legislation.govt.nz/act/p...LM1440846.html

    There's a chance someone (Official or not) has sent information to them to suggest there's an issue which may be why they are asking. (You can do a privacy act request to find this out)
    They are obliged to look into this in regards to instruction R5.10

    Write a letter explaining what happened/when it ended and it'll likely go through fine

  6. #6
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    Quote Originally Posted by thomasmost View Post
    thx guys!!!
    Were you the principal applicant? Or was it your partner? If it was your partner then the information below applies. If you were the principal applicant then I believe your CO is confused, and you should question them with the information below.

    "People who were included in someone else's residence application, such as their parent's or partner's, can sometimes be granted a permanent resident visa without that other person becoming a permanent resident first.

    For non-principal applicants to be eligible for a permanent resident visa, the principal applicant must hold a permanent resident visa. In some circumstances a non-principal applicant can be granted permanent residence on their own.

    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."

    https://www.immigration.govt.nz/new-...pal-exceptions
    Last edited by MagicPizza; 2nd January 2020 at 01:08 PM.

  7. #7
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    Quote Originally Posted by JandM View Post
    thomasmost, what you have been told is correct - you had to prove the relationship in order to be granted residence, but the residence, once granted, is yours, NOT dependent on the relationship any longer. This link https://www.immigration.govt.nz/new-...he-application has the direct answer: "You are on a residence visa If we have already granted you residence based on your relationship, your residence status remains the same even if you separate."

    You can also see the criteria for being granted a permanent resident visa here. https://www.immigration.govt.nz/new-...-visa#criteria These are no different for someone who was sponsored for residence by a partner from someone who gained residence because of their job and qualifications (SMC).

    In your place, I would answer the questions you have been asked, so as not to hold up proceedings by seeming unco-operative, but I would politely point out that your former relationship is NOT part of the criteria for PR, referring to INZ's own information. (I'm wondering if perhaps you are being dealt with by a new CO who has got confused.)
    For some reason this doesn't apply when partnership residence has been gained as a non-principal applicant. If you have partnership residence through your partner's residency (same application) then you have to wait until they get PR. Or you have to prove why you aren't together anymore – even then they still may not grant PR, they may just extend travel conditions or issue a new residency visa. I did not know about this until this question came up.

    https://www.immigration.govt.nz/new-...pal-exceptions

  8. #8
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    MagicPizza, the original poster said above that he gained residence as the partner *of a kiwi resident*. This is not, therefore, a case of a non-principal applicant under SMC, as the sponsoring partner already had residence, then the OP applied in his own right afterwards.

  9. #9
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    Quote Originally Posted by JandM View Post
    MagicPizza, the original poster said above that he gained residence as the partner *of a kiwi resident*. This is not, therefore, a case of a non-principal applicant under SMC, as the sponsoring partner already had residence, then the OP applied in his own right afterwards.
    I know, I was just wondering if you knew about that rule for sponsored people as I've never seen it come up before. It seems weird that INZ would even ask for that evidence in regards to the OP. I have friends who have just split up and that rule will affect one of them as the principal applicant is moving back to the UK, he's still one year off PR so his ex-partner will have to explain to INZ what happens when she eventually wants PR. Just seems like an odd rule. Thanks again

  10. #10
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    Yes, the regulations that you have found will refer to your friend (though not to the OP), and have often cropped up for other people on the forum in the past. We don't necessarily understand WHY certain rules were made - we just have to show INZ how we fit in with them.

    Nzs's post (#5 above) has the likely explanation why thomasmost's situation is being queried.

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