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Thread: Confusing Information - PR for non-principal applicants

  1. #1
    Join Date
    Feb 2016
    Location
    Wellington, NZ
    Posts
    7

    Question 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

  2. #2
    Join Date
    Feb 2019
    Location
    New Zealand (ex: South Africa)
    Posts
    1,201

    Default

    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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