Applying for Partner of a New Zealand resident visa

[NLW]

Hi everyone - looking for some advice.

I am applying for the resident visa, my partner is an NZ citizen, we are in the UK and have been together for 13 years and lived together for 12. We have one child already who has an NZ passport and I am pregnant with no2 due in a couple of months - we will follow same process for them and apply for their passport asap.

I have 3 questions -

1) Anyone know of any issue when applying whilst pregnant? I have read I won't need to do the x-ray (they request it post baby) but will do the rest of the medical, could being pregnant impact the medical at all?

2) Around proof of genuine relationship - we have lots of rental agreements, bills, pictures that date back to 2011 but I have read people upload text messages and do that for every month or so - I don't have texts that date that far back my phone has from 2016 so only have texts from there onwards. Just wondering from what point in time I start showing communication each month?

3) We were thinking of spending some time over there whilst I am on mat leave and whilst the visa goes through - by the time we go over it should be 6 months in to the potential 12 month SLA, is there another visa I could get in the interim?

I am wondering if my case is a little complicated and I might benefit from getting a immigration advisor involved, but keen to hear any inputs from this forum.

Thanks!

[JandM]

1. There is absolutely no problem with applying while pregnant. INZ have often stated that being pregnant is not regarded as an illness.

2. Proof of relationship (which comes down to showing that you are living together) is MOST important for the last twelve months before you put in your application. They want to know that you're a committed couple NOW, and the fact that you were living together several years back isn't so relevant. After all, people could have all sorts of proof from four years ago, but then have split up and not seen each other since. When your application goes in, it's important to keep collecting evidence - several different things for each passing month if possible - as INZ routinely ask for more evidence of partnership to cover the time while they have been processing the application, just before they issue the visa. The thing about texts is really more for people who, for some reason, are having to live in different places, as it shows that they are maintaining their relationship while apart. Here https://www.google.com/search?client...of+partnership are some old threads with discussion and examples of what people have used for proof of partnership.

3. This idea, going by other people's experience, could cause you difficulties. A person who applies for a residence visa, and then tries to enter the country on a visa waiver basis, gives the impression that they are trying to pre-empt INZ's decision on their case, and therefore, might become an overstayer if residence were to be refused. People have actually been turned back at the airport of entry in that situation (because the residence application shows up on the INZ computer as soon as their passport is presented). It is advisable to EITHER wait to travel till you have your residence (or have applied for and been granted a Partner of a New Zealander Work Visa https://www.immigration.govt.nz/new-...s-visa-holders), OR to go on the visa waiver basis, and apply for residence after you've arrived.

I don't think you have a complicated case - it's just a matter of following the instructions on the INZ web pages, to make sure you present yourself and your situation in a way that fits in with the rules set out there.

[NLW]

Thanks for response @JandM.
Feels like the temporary work visa may be a better idea for us - the turnaround is around 13 weeks which will then allow us better to plan our move over there where as the residency visa has a turn around of 12 months. Are there any threads on here that show how long it’s actually taken for a partner residency visa recently when applied from abroad? I did have a look but couldn’t see any.

I’m not looking to start working straight away would want to have a few months off to set up over there so more likely to look for a job in Jan.
Is INZ put off if you do put in your relationship statement for the future you would like to apply for perm residency etc?

[JandM]

I haven't seen anyone post news of going for this visa lately. Actually, even if someone tells you their timeline, it's not a precedent for you, because all cases are dealt with individually - we're all different, and the evidence to be checked, and how quickly referees reply, therefore varies.

Just because you apply for a partnership work visa doesn't mean you HAVE to intend to work. It gives you permission.

There's no reason not to say you're aiming for permanent residence eventually. INZ *expect* partners to go onto a resident visa, not stay on a work visa, then go to PM in due course. Given how long you have been in partnership with a NZer overseas, if you were to apply for Residence before your move (I.e. still abroad), or within three months of your arrival, you would be very likely to be given PM straight away. See F2.5.1. https://www.immigration.govt.nz/opsmanual/#46503.htm

[NLW]

Thanks @J&M.
I’ve decided to apply for the temporary work visa as that has a shorter turnaround.

Regarding proof I’ve pulled together a timeline from 2010 with key milestones, holidays etc and then added supporting documents for all ie rental agreements / photos on holiday / flight confirmations / daughters birth certificate.

My plan is then to submit documentation I have for each year ensuring that for the last 12 months I have letters sent to us to cover every month OR photos to cover that period. Doing this right back to 2010 feels excessive so thought concentrating on the last 12 months would be best.

Does that sound reasonable or should I increase to say 2-3years?

[JandM]

Your plan sounds the thing I would do in your place - your decision, of course, because nobody on here can legally TELL you what to do - !

Maybe think about getting the occasional different kind of evidence as an add-on to the letters and photos? - e.g. invitation to you both, travel tickets... See some of those old threads mentioned above for inspiration.