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Thread: Adult dependent childen

  1. #1
    Join Date
    Sep 2017
    Location
    New Zealand
    Posts
    40

    Default Adult dependent childen

    Hi, My Niece is in a bit of a pickle...

    She is 23 years old, A south African national.

    Over the past 6 years her entire family have slowly immigrated to New Zealand, her Aunty (my sister in law) (Permanent residents from work) followed by my wife (Resident through partner of nzer)(her younger aunty) ( then her uncle, 5 year work visa and most recently her mother, father and brother (11 years old) (work to residence visa) she literally has no family left in South Africa, and as she has been dependent on her parents, she is currently in NZ on an extended visitors Visa. (Expires in April).

    Now she appears to be too old to get visa based on her fathers work visa, and will be too old once he gets residence in two years. She has no qualifications or skills that would meet work visa requirements. Her and the family are worried for her safety if she was to go back to SA (main reason they are all moving here).

    But there doesnt seem to be any pathway for her to join the entirety of her family.

    Has anyone has similar situations or should we just prepare to send her back?

  2. #2
    Join Date
    Dec 2008
    Location
    NZ
    Posts
    369

    Default

    Is she willing to study a qualification in NZ? Seems her prospects will be dim no matter where she goes with no qualifications.

    Proving the dependency of adult children is hard enough when medical factors are involved (speaking from experience). Without that, I think you'd have an uphill battle.

  3. #3
    Join Date
    Feb 2008
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    36,397

  4. #4
    Join Date
    Aug 2019
    Location
    New Zealand
    Posts
    16

    Default

    I've seen this situation a few times, and it's really sad. Is there any chance that her parents can apply for residence under the Skilled Migrant Category? They should look into it as soon as possible and if they meet the criteria, apply as soon as possible. Your niece is in a very difficult situation, and because it's such a critical issue, I really think her parents should get immigration advice about the SMC (if they haven't already). It is probably her only chance at getting residence, and they need to move as quickly as possible. If she needs to return to South Africa in the meantime (while hopefully waiting for the SMC application) she will need to remain 'dependent' on her parents - again, get immigration advice on what that means.

  5. #5
    Join Date
    Sep 2017
    Location
    New Zealand
    Posts
    40

    Default

    Advice we have recieved both from inz and lawyer is...

    Partnership visa

    Student Visa

    SMC

    Make a case... aparently it is possible to make a case, but it wont be easy, and if rejected chances of her comming back at all, even to visit would be slim as there would be questions about her intentions of comming into the country.

  6. #6
    Join Date
    Dec 2008
    Location
    NZ
    Posts
    369

    Default

    Quote Originally Posted by nzleagle View Post
    Advice we have recieved both from inz and lawyer is...

    Partnership visa...
    Does she have a NZ resident or citizen partner? If so, that's a pretty important fact you left out of your original post (and so I assume she doesn't).

    ...Student Visa...
    Twice recommended above.

    ...SMC...
    But you've said she has no qualifications or skills, so that's a non-starter.

    Whatever that lawyer charged you, you were overcharged.

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