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Thread: SMC - Patnership Requirements

  1. #1
    Join Date
    Aug 2019
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    New Zealand
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    37

    Default SMC - Patnership Requirements

    Hi all,

    I am in process to submit my EOI for an SMC application. I know it is halted currently but will apply as soon as it opens. I am currently working as IT Consultant but as I dont have the relevant education requirements hence I cant claim experience for LTSSL & hence I am falling short of 10 points currently. I am thinking to include my wife in the application as she has done Masters so I can get the relevant points and qualify for the SMC.

    My question is do I need to stay with my partner for 1 year before I can include her in the application and get the points ? We have already been living together for 7 months as of now. I spoke with the immigration over call center and they mentioned there is no requirement of 12 months but I have read posts here which says you need to stay for 12 months to include youe wife into your application. So I am not sure about it.

    Thanks

  2. #2
    Join Date
    Mar 2018
    Location
    New Zealand
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    902

    Default

    Quote Originally Posted by Rocki View Post
    Hi all,

    I am in process to submit my EOI for an SMC application. I know it is halted currently but will apply as soon as it opens. I am currently working as IT Consultant but as I dont have the relevant education requirements hence I cant claim experience for LTSSL & hence I am falling short of 10 points currently. I am thinking to include my wife in the application as she has done Masters so I can get the relevant points and qualify for the SMC.

    My question is do I need to stay with my partner for 1 year before I can include her in the application and get the points ? We have already been living together for 7 months as of now. I spoke with the immigration over call center and they mentioned there is no requirement of 12 months but I have read posts here which says you need to stay for 12 months to include youe wife into your application. So I am not sure about it.

    Thanks
    Goodness...that's a bit scary that a call centre staff member has no knowledge of the requirement for a partner to have to have been living with a principal applicant for at least 12 months before they can be included in a Residence application!

    The applicable instruction is at R2.1.15, which sets out that a partner can be included in a Residence application if they have been living together in a genuine and stable relationship for at least 12 months at the time the application is assessed.

    There's nothing to prevent you from including a partner in an EOI if you haven't yet been living together for 12 months, as you still have the opportunity to meet the 12 month threshold before you submit your actual application.

    But when it comes to claiming points for a partner, I would advise only submitting such an EOI once you have been living together for 12 months. Claiming points for a partner you haven't yet been living with for 12 months leaves you open to the risk of a CO raising concerns about false and misleading information further down the track.

  3. #3
    Join Date
    Aug 2019
    Location
    New Zealand
    Posts
    37

    Default

    Thank you @EGoodhue for clarifying.

    She had assumed the 12 months requirement is only those applying for partnership based resident visa and my partner dosent need that requirement as she already has a partnership based work visa and immigration has been convinced of our relationship

    I will follow what you said. I will submit the EOI only after completing living together 1 year and not take the unnecessary risk for few months

  4. #4
    Join Date
    Feb 2019
    Location
    New Zealand (ex: South Africa)
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    Default

    Quote Originally Posted by Rocki View Post
    She had assumed the 12 months requirement is only those applying for partnership based resident visa and my partner dosent need that requirement as she already has a partnership based work visa and immigration has been convinced of our relationship
    Including a partner on any Resident Visa application results in the partner being assessed in an almost identical manner to someone applying for a Partner of a New Zealander Resident Visa; the only appreciable difference is that the partner will not be granted residence in his/her own right, and will only be granted residence if the principal applicant is. See R2.1.15.

  5. #5
    Join Date
    Aug 2019
    Location
    New Zealand
    Posts
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    Default

    Thanks Kelerei and EGoodhue for your advice earlier.

    I had a query regarding staying together for 12 months to gain bonus points of my partner as I am planning to submit an EOI in Dec,20/Jan,21 incase the EOI opens by then

    My wife arrived in NZ on Dec,2019 and we stayed at my brother's place before we moved out and rented our own place in March,20.

    Since moving in together March,20 we have been having joined agreement and water bills, joint account to our name. For the 2 months I stayed at my brother's place we have only joint bank account and letter from him stating we were living at his address. Hence in Dec,20 I am planning to file my EOI when we would have completed staying together of 12 months.

    Dec,19 - Mar,20 - At my brother and sister-in-law's place (2.5 months)
    Mar,20 - Dec,20 - Our own rented place (9.5 months)

    Is this scenario is it okay to prove we stayed together for 12 months(2.5months + 9.5 months), a requirement to include my partner and claim the bonus points.

    Hoping to get any advice on this would be greatful. Thanks

  6. #6
    Join Date
    Feb 2008
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    37,824

    Default

    Living together at your brother's place certainly can count, but you need to prove it thoroughly. Think mail to each of you/both of you at that address, photos taken, invitations, registration with doctor referenced to that address, membership of clubs or classes referenced to that address, etc., etc..

  7. #7
    Join Date
    Mar 2018
    Location
    New Zealand
    Posts
    902

    Default

    Yes, as JandM has said, as long as you have evidence of living together at your brother's place, you should be fine to count that time towards your 12 months living together. Keep in mind that, by the time the application actually gets to an Immigration Officer, even more time will have passed and you'll be well over the 12 month threshold (and will likely need to provide the Immigration Officer with updated evidence of still living together).

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