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Thread: Partnership work visa vs Partnership residence visa

  1. #1
    Join Date
    Jul 2015
    Location
    New Zealand
    Posts
    92

    Default Partnership work visa vs Partnership residence visa

    Hello everyone,

    Apologies if this question has been answered before - have tried to search but not sure if i'm entering the right key words!

    I am currently in a LDR with my American partner. We're waiting for borders to reopen before looking into partnership visa's - i''m planning on visiting him end of this year and living with him for 3 months in the states. We met Dec 2019, He left to go back to the states in Jan 2020 - we kept in touch and formed our relationship through distance. I was meant to visit him in April 2020 and had booked flights - but then COVID/LOCKDOWN happened.

    Background info
    I am a Kiwi citizen.
    I have previously sponsored an ex partner for partnership (initially temp work visa - 2 years - then residency) He got residency on 1 May 2017.
    This is the only partnership visa i have supported.
    We split up in May 2018 - he turned out to be a huge cheater
    I understood that as meaning i won't be able to sponsor my current partner until 1 May 2022 (can someone please confirm that this is correct?)

    However - just now, I saw a foot note on Immigration NZ's website that if i can't support my partner for RESIDENCE now, but will be able to within 12 months, I can still support them for a work or visitor visa now.

    I understand that foot note as meaning that if i'm still on a "Stand down" period in terms of partnership RESIDENCE visa from my last partnership application, i can still sponsor my current partner for a work or visitor visa (through partnership) if in a YEAR from the work or visitor application I am eligible to sponsor them for a RESIDENCE application.

    I am well aware of the restrictions Covid-19 has brought on this visa, but in a hypothetical situation:

    If the borders were to open to the USA in Jan/Feb of next year, and we could provide sufficient evidence to Immigration that we were in a stable relationship, to sponsor my partner for a temp work visa through partnership, would that foot note indicate that i could technically do that, as i would be eligible to sponsor him for residence in MAY 2022 (which is 5 years after my ex's residency was granted and well within the 12 months from when we were to apply for work visa through partnership )

    At this stage, we plan on being reunited (I plan to travel to the USA in December, where we will live together for 3 months). If NZ borders open by February 2022, he'll come in on a the tourist visa waiver agreement between NZ and USA and we will continue to live together and gather evidence, to apply for temporary work visa through partnership.

    However, is it correct to assume that i could technically apply for this visa in February (While i'm with him outside of NZ) - after we have lived together for 3 months in the USA?

    Sorry if this is poorly worded/confusing/has been asked before - i would appreciate any help or advice.

    Please see footnote i am referring to here under the section ELIGIBLE NZ SPONSORING PARTNER:

    https://www.immigration.govt.nz/new-...=residence-USA

  2. #2
    Join Date
    Feb 2019
    Location
    New Zealand (ex: South Africa)
    Posts
    838

    Default

    This is the sort of complex scenario where my first response is "get professional immigration advice". The best we can do is point you to factual information; we cannot legally advise you.

    As the sponsoring partner, your eligibility to support an application for the Partner of a New Zealander Resident Visa is specified at F2.10.10. You've already identified that you will be caught by F2.10.10(a)(ii); you will however not be caught by this if the application for the Partner of a New Zealander Resident Visa is made more than 5 years since the date of grant of the previous Partner of a New Zealander Resident Visa you sponsored.

    This will also affect your eligibility to sponsor a Partner of a New Zealander Work Visa: per WF2.5 (which you have also identified), you must be eligible to sponsor the Partner of a New Zealander Resident Visa within 12 months of the grant of a Partner of a New Zealander Work Visa (if not, the Partner of a New Zealander Work Visa is likely to be declined).

    Also, I must mention: if this Partner of a New Zealander Resident Visa is successful, you will never be able to sponsor a future Partner of a New Zealander Resident Visa or a Partner of a New Zealander Work Visa (if this relationship also breaks up) due to F2.10.10(a)(i).

    Regarding applying for visas: the Partner of a New Zealander Work Visa can be applied for offshore (it's on the list of visas that may be applied for offshore despite the border closure), and so can the Partner of a New Zealander Resident Visa (worth keeping in mind if you're stuck outside New Zealand for longer than you anticipate). Also, providing that the United States does not become a very high risk COVID-19 country (see: India), the holder of a Partner of a New Zealander Work Visa is deemed to have a critical purpose reason to travel to New Zealand and may enter despite the border closure (Y3.30(ii)). It's important to keep in mind that entering as a visa-waiver tourist while intending to remain with a partner indefinitely may fail the "bona-fide" requirement (E5), and due to the border closure isn't currently an option anyway (Y4.50(a)(ii)).

    Again, I suggest you talk to a licensed immigration advisor -- they can help you and your partner with a plan of action tailored to your individual and joint circumstances.
    Last edited by Kelerei; 4th May 2021 at 12:38 PM.

  3. #3
    Join Date
    Jul 2015
    Location
    New Zealand
    Posts
    92

    Default

    Hi Kelerei!

    Thanks for this

    Yes aware you can't give advice - sorry my last phrase re: help/advice was worded poorly

    I was just seeking clarification of my understanding of the work visa sponsorship vs residency sponsorship through partnership.

    It's my understanding that if I were to apply for my partner to get a work visa through sponsorship before I meet the 5 year stand down (as long as I meet the stand down a year from apply for that work visa, I could still do it) - Again, my 5 year stand down will be lifted on 1 May 2022 (a year from now) so in a normal circumstance, if we had proof of living together, I would be able to apply for this visa now.

    We don't have proof of living together, which is what we are seeking in achieving by me heading over to the states end of this year, but again this is all just us planning, re planning and getting our heads around the every changing situation with Covid-19.

    At this stage all this is hypothetical and we're not really going to be able to make a call/decision until I'm vaccinated etc..

    Trying to be pragmatic and realistic, but until I stumbled on this information a few days ago I thought work visa through partner sponsorship and residency through partner sponsorship had the same rules - and wasn't aware of the ability to still sponsor work visa IF in 12 months I was able to sponsor through residency

    I'm also aware of only being able to sponsor two people in my lifetime. It's unfortunate that my first experience with sponsoring a partner ended the way it did, but I'm certain this isn't the case this time around That's the funny thing about love eh - you don't always fall for with someone who shares the same citizenship!

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