Options for staying in NZ

[ohmyyoung20]

Hi there,

I have a situation and I'm not sure how to proceed.
I am here as the wife (33f) of someone on an essential skills work visa we have a 5 year old daughter, I can work and have a part time low skilled job, but times have been tough, we have been separated for just under a year and we have been trying to work on things.

Unfortunately the other week I discovered he was having an affair, I now want to divorce but I am aware I will need my own visa, I desperately want residency for my daughter and I need to know the best way to go about it. I don't have a degree, I work part time so I can care for my daughter, I may be able to go full time if I need to and pay for care I just want to know what options I have to stay here.

Any help would be greatly appreciated.

[Kelerei]

I can not legally provide you an answer tailored to your specific circumstances.

The general employment-based pathways to residence are:

• The most common option: Skilled Migrant Category Resident Visa, with the Essential Skills Work Visa to be able to work while the SMC application gets processed
• If you find employment with an accredited employer that pays $79,560 or more per annum: Talent (Accredited Employer) Work Visa, remain employed for 2 years, then the Talent (Accredited Employer) Resident Visa becomes an option.
• If you meet the requirements of the Long Term Skills Shortage List: LTSSL Work Visa, remain employed for 2 years, then the LTSSL Resident Visa becomes an option.

There are other possibilities for gaining residency (e.g. new relationship with a New Zealander, Pacific Islander quotas), but they are far less likely to apply, and are probably not worth further elaboration.

If none of the above are options for you (and given that you mention that your employment is low skilled, there is a reasonable possibility that you may not meet any of the employment-based residency instructions), you may have little choice but to return to your country of origin.

You may want to engage the services of a licensed immigration adviser, who would be able to give you tailored advice and instructions with regards to a pathway towards residency, if such a pathway exists for you.