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27th January 2020, 02:54 PM
#1
Confusing Information - PR for non-principal applicants
Hello all
I'm about to apply for my PR next week but I currently have conflicting understandings - whether I will be granted a PR or not.
Little background:
I and my ex-partner were granted a resident visa two years ago (through Work to Residence pathway). She was the principal applicant and I was included in her application (She sponsored my open work visa too after she received her WTR work visa).
A year down the road after we were granted residency, we broke up and went to our separate ways.
My questions are:
1. Should I apply on own right? Or should I be included in her PR application?
2. If I apply on own right, would I be granted a PR OR just a variation of travel conditions OR a new resident visa?
This is where I get VERY confused. Are these different things? Is PR the same as a new variation of travel condition? A new variation of travel condition = essentially is the expiry date of travel right? I understand PR also has 'expiry date' of travel, which will be indefinite.
Taken from here: https://www.immigration.govt.nz/new-...eptions/slider
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. So I'm eligible for PR?
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. So I'm eligible for PR?
BUT then additional information as below:
Eligibility for partners of principal applicants
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.
Does this mean I'm not eligible/won't be granted a PR?
And again, what is the difference between variation of travel condition and a new resident visa?
Thanks for reading and I appreciate any comments/thoughts!
B
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27th January 2020, 03:34 PM
#2
RV1.20.1 lists the situations where the partner of a principal applicant is eligible for assessment in his/her own right; separation from partner is one of them. This is a generic provision for applications made after the grant of a Resident Visa for one of: a Permanent Resident Visa, a variation of travel conditions on an existing Resident Visa, or a second or subsequent Resident Visa.
Note, however, that the wording is "variation of travel conditions or a new residence class visa". I don't know whether or not INZ will issue a Permanent Resident Visa in this situation; it is conceivable that this is to be interpreted as a second or subsequent Resident Visa under RV4 (rather than a Permanent Resident Visa under RV2). However, there is provision for INZ to assess you for a variation of travel conditions or a second or subsequent Resident Visa should they deem you ineligible for a Permanent Resident Visa, provided that you give them permission to do so (RV2.25). Given this, in your situation, I would tick the box on the INZ 1175 form that allows INZ to assess you against one of these alternatives.
To answer your question about what the difference is between a Permanent Resident Visa, a variation of travel conditions on an existing Resident Visa, and a second or subsequent Resident Visa: the "Resident to Permanent Resident" information on INZ's website will probably answer this.
EDIT: The wording of RV1.20(b)(ii) seems to imply that you will need to apply in your own right if a provision requiring a secondary applicant to be assessed independently of the principal applicant (RV1.20.1 to RV1.20.20) applies.
Last edited by Kelerei; 27th January 2020 at 03:37 PM.
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