Long Distance Relationship... What to do???

[kiwipom]

Hi everyone, and all the best for the new year.

So I have a tricky situation, and I'd like some advice to how to move forward...

I'm an NZ citizen (by grant) who's been in a LDR with a British born lady living in the USA for about a year. We would desperately like to live together, become a proper couple, and the plan is that she would move here as I have a young child from a previous relationship that ties me to NZ.

The problem lies with the "living together" part of the requirement. I visited her last year, and she plans to visit me in a few months. We can provide proof that our relationship is genuine; social media conversations, pictures of us together... But the problem is that we can't actually "live" together. She can't spend long enough here to meet that criteria of actually living together, nor I there. I am fully prepared to support her, although she does intend to find work, but she doesn't meet any of the requirements on any of the skills shortage lists. Another thing that doesn't help is the age (not that it should matter!)... I'm 44 and she's 49 (50 this year), so options are limited in that she doesn't fall into the "under 30" category either! Feel like my hands are tied, and I'm not prepared to throw this relationship away because of this "technicality". Feeling utterly frustrated.

Any insight into this would be greatly appreciated.

[Kelerei]

As per this communique to INZ case officers, there is discretion for your partner to be granted a general Visitor Visa, if a Partner of a New Zealander Visitor Visa is applied for and the requirement that you have lived together is not met -- but this is assessed on a case by case basis, and there is no guarantee of success. (See E4.5 for the partnership requirements for a temporary class visa, referenced in the aforementioned communique.)

If successful, your partner may then later apply for the aforementioned Partner of a New Zealander Visitor Visa, or the Partner of a New Zealander Work Visa instead, once enough partnership evidence (again, as per E4.5) can be provided. Prior evidence on this forum suggests that you will need a minimum of 2-3 months of evidence to stand any chance of success. If such a visa is applied for while your partner is still in New Zealand, and before her previous temporary visa expires, INZ will usually grant an Interim Visa automatically to keep her legally in New Zealand in the event of her previous temporary visa expiring before a decision is made on the new temporary visa.

If unsuccessful, there's very few options, and the only one that I can honestly think of is for your partner to (somehow!) obtain an offer of employment while offshore, then apply for the appropriate Work Visa based on that offer of employment.

I can tell you though that you will need at least 12 continuous months worth of cohabitation evidence (amongst other evidence that shows a genuine and stable relationship) for the Partner of a New Zealander Resident Visa. As per F2.5, this is absolutely set in stone. Since there is an absolute 2 year limit on holding a temporary visa based on partnership (mentioned on the visa factsheets I linked above), your partner will eventually need to obtain this visa in order to live in New Zealand indefinitely.

[DownSouth]

If she is a British citizen, why doesn't she just come in on a visitor visa to visit you? British citizens get a six month one on entry (after they get their ETA).

[Kelerei]

If she is a British citizen, why doesn't she just come in on a visitor visa to visit you? British citizens get a six month one on entry (after they get their ETA).

Because of the requirement to be a "bona fide applicant" intending a temporary stay in New Zealand (E5).

British citizens travelling visa-waiver are effectively granted a General Visitor Visa on arrival valid for six months (E2.1(k)), so she must be assessed as "bona fide" as per V2.1.1. Intending to work, study or reside in New Zealand is outside V2.1.1.

(If arriving on a Partner of a New Zealander Visitor Visa, the "bona fide" assessment is different; see V3.15.)

[JandM]

HOWEVER, there is a perfectly valid reason to give when entering on a visitor's visa though hoping to stay longer term - "look, see, and decide", which is often used by those prospecting the job market and life-style. (Old threads mentioning this. https://www.google.com/search?source...4dUDCAc&uact=5) They look to see how their career works in NZ, what openings there might be for them with their experience and qualifications, and what their salary and prospects would be, then they can see what kind of home and leisure time they could afford, and if they might like the area where they would live, before deciding whether or not to go ahead with applications. The British lady partner could legitimately research all of that, as well as saying that she's going to see if it works out spending a longer time with kiwipom.

[dragstrut]

The working holiday visa for brits is only available for those up to the age of 35 unfortunately - could have been an option

[Kelerei]

HOWEVER, there is a perfectly valid reason to give when entering on a visitor's visa though hoping to stay longer term - "look, see, and decide", which is often used by those prospecting the job market and life-style.

I'm actually kicking myself for not remembering this, because this is exactly how I first entered NZ!

[JandM]

[kiwipom]

Thanks for all the replies and suggestions. For her and I going forward, I think it has to be pretty much guaranteed that she'll be allowed to stay for an extended period of time prior to her arriving. Not only does she wish to bring a lot of belongings with her, but also her dog. Given that, I would hate for her to get here only to be turned away 6 months later, and importing a dog would definitely raise a few eyebrows as far as her intent goes. You mention that "look, see, and decide" method is often used by those prospecting the job market, and while she would happily seek employment here (although that does come with its own problems), she may not gain employment right away. As I said, I'm happy to support her, but would just being in a relationship be enough to allow her to stay? Can't really afford to leave things to chance on this one. :/

[MagicPizza]

The working holiday visa for brits is only available for those up to the age of 35 unfortunately - could have been an option

It was lowered to 30 a few years ago