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Thread: PR application applied for in NZ but non-principal applicant stuck overseas

  1. #1
    Join Date
    Nov 2014
    Location
    New Zealand
    Posts
    156

    Exclamation PR application applied for in NZ but non-principal applicant stuck overseas

    Hello all,

    Asking on behalf of a friend:

    My friend has recently applied for PR - he's currently in NZ. His wife is stuck overseas (non-principal applicant in the original application) along with an infant who is an NZ citizen. Her travel conditions and obviously my friend's travel conditions have expired few days ago. He is in NZ but his wife cannot re-enter New Zealand even as per the border exception rules (although she is a resident but now travel conditions have expired).

    He has submitted his original passport with his application but based on her current circumstances mentioned above, he was only able to submit a certified (by the Justice of peace) copy of passport along with the application. He has also included a letter to explain that since offshore offices are officially closed, he isn't able to provide the original passport for her owing to current circumstances.

    My friend's questions are:

    Scenario 1: If he's granted permanent residency, but his wife is granted a variation of conditions instead, is it possible to appeal that decision?

    Scenario 2: Also, although my friend thinks he fulfills all conditions for permanent residency and in case he's not granted permanent residency but a new resident visa with newer travel condition or variation of conditions, can he appeal against the decision?

    Scenario 3 - Is it possible that one if he is granted permanent residency but wife may not be granted since the original passport cannot be submitted or is it that whatever they decide for the main applicant is also likely the same decision for his wife.

    Any inputs appreciated.

    Thanks
    Famed
    Last edited by Famed; 17th June 2020 at 07:33 PM.

  2. #2
    Join Date
    Feb 2008
    Posts
    36,892

    Default

    The main applicant qualifies for PR on behalf of everyone who was part of the original application for residence. https://www.immigration.govt.nz/opsmanual/#45650.htm Therefore, wherever his wife is at the time of his PR application has no bearing on the case.

    I can imagine that it MAY happen that INZ won't issue her PR visa until she or her husband has been able to show her actual passport, but I can't see that this would mean more than a delay. It's not grounds for refusing PR, as you can see from the link that her situation is not what determines the grant or refusal.

  3. #3
    Join Date
    Nov 2014
    Location
    New Zealand
    Posts
    156

    Default

    Thanks JandM.

    My friend noticed this https://www.immigration.govt.nz/form...to-new-zealand

    Should he fill this form too even though he has already included her in the original application form submitted few weeks ago?

    Also, is it a good idea to add in the comments that PR application has already been submitted by the principal applicant in New Zealand and provide application number?
    Last edited by Famed; 20th June 2020 at 07:31 PM.

  4. #4
    Join Date
    Feb 2008
    Posts
    36,892

    Default

    It's his decision - nobody but an LIA or immigration lawyer may tell him what he should do. Notice, this is a totally different and separate process from getting her her PR. If it works, it *might* get her permission to travel sooner because she would be accompanying the child. I don't know that INZ would allow this without travel conditions, however. Otherwise, she may have to wait until PR has been sorted out.

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