Partner NZer work visa to Residence

[JailynAndBrian]

Hi Guys,

My partner is currently on year 2 of a Partner of New Zealander work visa which expires on 30th January 2021. We Have not yet submitted the paper work for the Residence visa yet and cannot for another couple of weeks yet till we save up a bit more for the processing fee, i was under the assumption that we would be granted a interm visa however have just been doing research for it and just realized that to get another interm visa it would need to be on a temporary visa.

The way i see it is we could still apply for Residence visa and she will return to Philippines once the time is up and return when its accepted with the possibility that instead of having to return the visa could be extended again pending on the Covid-19 Pandemic,

However i was thinking is it possible to apply for a Partner of NZer Visitor visa close to the time where her current one expires whilst the Residency is being Processed and get an Interm visa through that way? We would be up front why were applying for the visa that way.

Just want any suggestions please as We've got two babies and Don't want to have them travel back to her country with this Chaos going on as well as having to leave my job in order to care for them.

[Kelerei]

There's strong evidence in the Partnership timeline thread that INZ will grant a subsequent Partner of a New Zealander Work Visa if a Partner of a New Zealander Resident Visa application is in progress as an exception to instructions. As such, it's possible for you to apply for this (instead of the Visitor Visa) if you end up in a situation where the Resident Visa is still processing and the Work Visa is about to expire. Take a look at the aforementioned thread for examples of people that have successfully done this.

[JandM]

I agree with Kelerei.

Also, for your partner deliberately to leave New Zealand would send INZ very much the wrong message. Partner-sponsored visas are granted on the basis of the two people being a couple who live together, so if one of them leaves their home, unless it's for a strong and verifiable reason such as having to fulfil a work contract, or to study, or a family emergency, INZ start to suspect that the relationship is breaking up. The case then, instead of being a follow-on visa for a partnership already recognized, becomes one that has to be deeply investigated all over again.

[JailynAndBrian]

Sorry i probably should of made it more clear, Typed this in bit of a hurry earlier.

So this is actually my partners second Visa, an Extension to the last Partner of NZer visa. And quoted in the last visa approval letter from the CO was as follows

"New Zealand Immigration Instructions at WF2.1 allow for a maximum duration of 24 months for a
partnership-based visa. We have granted you 12 months on this partnership visa as an exception, to
allow you time to apply for New Zealand residency based on your partnership.
It is important that you apply for residency in this time if you plan to stay in New Zealand as you are
not entitled to any further visas under this category. There is no guarantee that any further
exceptions will be granted to you."

Just wondering if when it comes to the point where it runs out and the residency visa application has been submitted can we get another extension on this or? Currently there is only 5 months left on the visa now till it ends.

If they dont will have to look to going back to family in home country till residency is processed.

[JandM]

As Kelerei has said, despite this official line, in practice, many people HAVE been granted a further temporary visa. Look on the thread he mentioned, and you will see. The rules were laid down when INZ was processing applications in an orderly and fairly prompt manner, so there would have been no need for another visa, whereas, once the backlog hit, their own methods had caused delays which meant they just about HAD to slide around their own stated practice.

[JailynAndBrian]

Okay thank you for that, puts my mind at ease then.