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Thread: Including Partner in already submitted Residence Application

  1. #1
    Join Date
    Sep 2016
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    New Zealand
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    Question Including Partner in already submitted Residence Application

    Hi Team,

    I had submitted my ITA in July 2019 and the initial assessment by the CO is ongoing.
    My partner was not included in the application as I got married in Dec 2019 but informed INZ that I got married.

    Even though she was issued a Visitor Visa in March 2020 but was unable to travel due to NZ Border closure and is currently overseas.

    My CO informed that - "it may be possible to include your wife in the application now, subject to all other partnership instructions being met (except for 12 months living together)."

    In the INZ Manual its mentioned as :

    R2.1.15.5 What happens if the partnership is considered to be genuine and stable but is less than the 12 months required?

    If an immigration officer is satisfied the principal applicant and partner included in the application are living together in a partnership that is genuine and stable, but the duration of that partnership is less than the 12 months required, then:

    in any case where the grant of a residence class visa to a principal applicant is reliant on the relationship with or attributes of their partner the application must be declined under residence instructions; or
    in any case where the grant of a residence class visa to a principal applicant is not reliant on the relationship with or attributes of their partner the immigration officer may proceed with processing the principal applicant for the residence class visa but defer the final decision on the partner to enable the qualifying period to be met.

    If a partner's application for a residence class visa has been deferred as described in (a)(ii) above they may be granted a work visa (once an application has been made) for a period sufficient to enable the qualifying period to be met and any further assessment of their residence class visa application to be completed


    • I have the following queries related to including my partner in my residence visa application:
    • If I am including my partner in the application, will this delay my processing for a residence visa?
    • Once my residence visa is approved, and my partner visa is deferred, will she get a work visa straight away or do I have to apply for it separately?
    • What will be the processing time for this work visa?
    • Once a work visa is approved for my partner, will her entry be dependent on the NZ border closure?
    • If I am going to include my partner, do I have to submit any further documents as she is overseas?


    Please advise.

  2. #2
    Join Date
    Feb 2019
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    New Zealand (ex: South Africa)
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    Default

    Quote Originally Posted by cijoc View Post
    If I am including my partner in the application, will this delay my processing for a residence visa?
    This is dependent on many factors specific to your individual and unique application, and as such is impossible to answer.

    Quote Originally Posted by cijoc View Post
    Once my residence visa is approved, and my partner visa is deferred, will she get a work visa straight away or do I have to apply for it separately?

    [...] will her entry be dependent on the NZ border closure?
    In such a circumstance, and if your partner is offshore and not holding a visa, your partner would need to apply for a relevant temporary entry class visa if intending to enter New Zealand. Note that RV2.1.15.5(b) includes the text "once an application has been made"; therefore, your partner is required to make a separate application. All relevant requirements for the visa applied for must be met, and this will include the current requirement to have a critical purpose reason to travel. Note, however, that the partner of an eligible New Zelaland resident (as defined at Y3.10(a)) holding a temporary entry class visa based on this relationship is automatically deemed to have a critical purpose reason to travel; see Y3.30(a)(ii) and the "Who can come to New Zealand without requesting to travel" section on this page.

    Special provisions relating to applications for the Partner of a New Zealander Work Visa apply in the case of RV2.1.15.5(b) being invoked; see WF2.20.

    Quote Originally Posted by cijoc View Post
    If I am going to include my partner, do I have to submit any further documents as she is overseas?
    Standard partnership evidence will need to be provided; see R2.1.15 and the relevant partnership instructions linked from there. See the thread for applicants for the Partner of a New Zealander Resident Visa to see what others have submitted (which is governed by F2.20).
    Last edited by Kelerei; 15th April 2021 at 06:07 PM.

  3. #3
    Join Date
    Sep 2016
    Location
    New Zealand
    Posts
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    Default

    Thanks Kelerei for the info.


    Can I say " NO", as even if my partner receives a work visa, she won't be able to travel to NZ due to border closure.

    I don't want to make the application complicated again and delay the process.

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

    Quote Originally Posted by cijoc View Post
    Thanks Kelerei for the info.


    Can I say " NO", as even if my partner receives a work visa, she won't be able to travel to NZ due to border closure.

    I don't want to make the application complicated again and delay the process.

    I should reiterate something that I mentioned in my previous post: if you are granted a Resident Visa, your partner may make an application for the Partner of a New Zealander Work Visa, and if such a visa is granted, the holder is deemed to have a critical purpose reason to travel to New Zealand -- this is the same whether you answer "yes" or "no". The one problem that I can foresee in this situation is finding a spot in MIQ. (I'm reiterating this because it appears as if your partner's ability to travel to New Zealand is your primary concern.)

    Also, if you intend to not include your partner in your current application, and your partner later applies for the Partner of a New Zealander Resident Visa, be aware of the dangers that F2.5(e) may present. In your place, I would seek professional advice on whether F2.5(e) may apply in such a future application before making the final decision on the current one.

    Including your partner in your current application will definitely result in the processing of your current application taking longer, as the relationship evidence you will need to provide will require verification. Whether or not this will be beneficial in the long run, I cannot advise you -- this you must decide for yourself.

    You and your partner do appear to have a rather uncommon set of circumstances, and as such I believe you should seriously consider obtaining professional immigration advice.
    Last edited by Kelerei; 16th April 2021 at 02:02 PM.

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