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Thread: Desperate for help - Working permit/partnership

  1. #1
    Marc27 is offline Junior Member
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    Default Desperate for help - Working permit/partnership

    hi guys,
    I am desperate need some help, my situation is a little complicated, my girlfriend had a problem with her visa, she just applied for working holiday visa for Brazilians, but we didnt notice that her visa expired on august 30 and we applied on 1 September, her visa was denied, they argued they had 300 vacancies filled, but not sure if that was the reason or if it was because of one day visa expired they denied anyway, now I am determined to help my partner but i dont know if I can, I want to apply visa with my partner but need to know if I have any conditions to stay together, i dont want to end our relationship because of one simple visa.Now comes the tricky part:

    I have my residence through my ex-partner, our relationship is over for more than one year and two months ago. I started this new relationship and we've been together 11 months e few days. I complete my two years of residency in june/2011, I'm afraid to apply for working permit partnership with my current partner and end up being affected with a problem with my residence, because im still not a Permanent Resident.

    *have some form of revision for her visa to be accepted in working holiday, even if they were saying the vacancies were filled?

    *Theres any way that I can apply for visa with my partner?

    *Is there any risk that I lose my residence?

    *Whats the best thing to do?

    thank you very very very much i appreciatte any kind of help
    Last edited by Marc27; 12-10-2010 at 06:08 PM.

  2. #2
    MotherBear's Avatar
    MotherBear is offline The missing link
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    Hi Marc

    Reading your post, I gather that you have been granted residency but just haven't yet qualified for an Indefinite Returning Resident's visa? Not having an IRRV doesn't mean that you aren't still a permanent resident. As I understand it, once you have PR, you can relax providing you keep within the rules e.g. good behaviour etc. I'm sure we have had this sort of problem before and I don't think there was an issue after the secondary applicant had split from the principal applicant, but I can't find anything to verify this and put your mind at rest. It would be good if someone who had been through this experience could confirm you are OK with sponsoring your girlfriend under these circumstances.

    Had your girlfriend overstayed by a longer period, I would say that this would have a big effect on any application she was invovled in, but I'm not sure if overstaying by only 1 day would be sufficient to rule her out of getting a visa granted.

    Perhaps you (or your girlfriend) could, in the first instance, approach INZ and ask them if her overstaying has caused a problem. If they say it has, at least you will know there is a block on it and could then discuss the possibility of INZ being prepared to unblock it because it was obviously an oversight rather than a deliberate case of overstaying. At least this would clear up one point without involving your own visa status.
    Mother Bear

    Try to bloom wherever you are planted.

  3. #3
    till is offline Senior Member
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    Exclamation

    There might be a catch if you weren't the principal applicant in your PR application, since you wouldn't get an Infinite Returning Resident's Visa (IRRV) automatically next year.

    The INZ Operational Manual, section X4.5.1 says here:

    If a partner was included in an application on the basis of being in an interdependent partnership akin to a marriage with the principal applicant, and they separate, then visa officers may, on a case by case basis, consider such partners in their own right under RRV policy.
    04/11/09 - EOI selected (125 points, no job offer)
    30/11/09 - Decision successful
    09/12/09 - ITA received
    23/12/09 - Application submitted
    03/03/10 - Case officer assigned (requested more documents)
    05/03/10 - Job offer secured (IT)
    12/03/10 - Work permits issued (1 year ISSL, 1 year partnership)
    13/04/10 - INZ Interview (re relationship)
    22/05/10 - Approved in Principle
    04/06/10 - Residence Permits issued

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