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Thread: would like girlfriend to join me in nz

  1. #1
    Lingency is offline Junior Member
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    Default would like girlfriend to join me in nz

    Hi there, i made a post in the introduction forum earlier.
    (you can check it out here: http://www.movetonz.org/forum/introd...self/11100.htm)

    my girlfriend is from Ohio in america and im living in wellington NZ, we would both like for her to come live with me permanently and bring her daughter along, i have a few questions, if anyone could answer them for me, that would be great!

    If she applied for a visa what would be the best type of visa? we've looked at SMC and Partner visa's but i do not know which would be a better idea, also looked into Working holiday but since she's a little older than the 30 year old limit she isnt elgible unfortunately :(

    we intend on getting married, if we do, how does this effect applying for citizenship?, would this increase her chances of getting accepted?

    how long does the application process normally take for SMC and or Partner visa's?

    i will add more questions as they come to me, my minds a bit boggled at the moment from reading the immigration site.

    if you need more details i will gladly provide them
    Thanks.

  2. #2
    MotherBear's Avatar
    MotherBear is offline The missing link
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    Quote Originally Posted by Lingency View Post
    Hi there, i made a post in the introduction forum earlier.
    (you can check it out here: http://www.movetonz.org/forum/introd...self/11100.htm)

    my girlfriend is from Ohio in america and im living in wellington NZ, we would both like for her to come live with me permanently and bring her daughter along, i have a few questions, if anyone could answer them for me, that would be great!

    If she applied for a visa what would be the best type of visa? we've looked at SMC and Partner visa's but i do not know which would be a better idea, also looked into Working holiday but since she's a little older than the 30 year old limit she isnt elgible unfortunately :(

    we intend on getting married, if we do, how does this effect applying for citizenship?, would this increase her chances of getting accepted?

    how long does the application process normally take for SMC and or Partner visa's?

    i will add more questions as they come to me, my minds a bit boggled at the moment from reading the immigration site.

    if you need more details i will gladly provide them
    Thanks.
    Without any job skills or qualifications in an area that is needed by NZ (listed on the LTSSL ), there would be very little hope of getting a visa under the SMC. I've already addressed possible problems with the Partner visa in your other post and, as you say, your girlfriend has missed the cut-off point for a WHV. As for how long the application process takes, it depends on how busy the INZ branch is that you would be applying through and can often involve months of waiting around for a result.

    The below is an excerpt from the INZ Operational Manual.

    F2.5 How do partners of New Zealand citizens and residents qualify for a residence class visa?

    To be granted a residence class visa under Partnership Category applicants must provide sufficient evidence to satisfy an immigration officer that they have been living together for 12 months or more in a partnership that is genuine and stable with a New Zealand citizen or resident.
    For the purpose of these instructions 'partnership' means:
    a legal marriage; or
    a civil union (whether opposite or same sex); or
    a de facto relationship (whether opposite or same sex)
    and 'partner' means one of the parties to such a partnership indicated in (i), (ii) and (iii) above.

    In each case the onus of proving that the partnership on which the application is based is genuine and stable lies with the principal applicant and their New Zealand partner.
    An application under Partnership Category will be declined if:
    the application is not supported by an eligible New Zealand citizen or resident partner; or
    an immigration officer is not satisfied that the partnership on which the application is based is genuine and stable; or
    the application is based on marriage or a civil union to a New Zealand citizen or resident and either that New Zealand citizen or resident, or the principal applicant is already married to or in a civil union with another person; or
    both the principal applicant and the New Zealand citizen or resident partner cannot satisfy an immigration officer they comply with the minimum requirements for recognition of partnerships (see F2.15); or
    the applicant(s) does not meet health and character requirements (see A4 and A5).
    Applications for residence under Partnership Category will also be declined if the principal applicant was a partner to the eligible New Zealand partner but not declared on the eligible New Zealand partnerís application for a residence class visa (if applicable), unless an immigration officer is satisfied the non-declaration occurred with:
    no intention to mislead; and
    would not have resulted in a different outcome in the eligible New Zealand partnerís application.
    If both these clauses are met, an immigration officer should continue to assess the application and may approve it if all other requirements are met.

    Note: Notwithstanding (e) above, officers should not decline an application on the basis of this provision without first providing the principal applicant an opportunity to explain the non-declaration in accordance with R5.15 Explaining discrepancies in family details.

    F2.5.1 Eligibility for a permanent resident visa for partners of New Zealand citizens living overseas

    A principal applicant may be granted a permanent resident visa (RA1.5) if:
    they meet all the other criteria for a residence class visa under the Partnership Category; and
    they have a New Zealand citizen partner who has been residing outside New Zealand for a period of at least five years at the time the application is made; and
    the couple have been living together in a genuine and stable relationship for at least five years at the time the application is made.
    To meet the requirements of a(ii) above, the New Zealand citizen partner must either be
    outside New Zealand at the time the application is made; or
    have been in New Zealand for less than three months after residing outside New Zealand for at least five years at the time the application is made.
    For the purposes of these instructions, residing outside New Zealand means spending less than 3 months in New Zealand in each of the five 12 month periods immediately preceding either:
    the date the application is made (if the application was made outside New Zealand); or
    the date the New Zealand citizen partner arrived in New Zealand (if the application was made in New Zealand.
    Any secondary applicants included in an application where the principal applicant is eligible for a permanent resident visa under these instructions may also be granted a permanent resident visa (RA1.5).
    Any applicants who do not meet the criteria set out in this section but who meet all other requirements of the Partnership Category should be granted a resident visa (RA1.1)


    You can read a bit more about the Partnership Category on the Operational Manual under Residence and then Partnership Category which can be found in the lefthand margin.
    Mother Bear

    Try to bloom wherever you are planted.

  3. #3
    Lingency is offline Junior Member
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    Default thanks

    Thank you for such a quick and informative response, i appreciate the help.
    As for marriage and citizenship how realistic do you think it would be for us to get married then apply for her residency?, also would that improve her chances?

    How realistic would it be for one of us to spend maybe 3-6 months with the other so that we can "prove" that we're in a genuine and stable relationship? i know im young and it would be extremely difficult but i would go through alot for this woman.

    Ive been saving every penny i have and dont plan on stopping now

    Things arent looking too good at the moment, but im willing to try my hardest whatever it takes, ill even move over there for a while if i have to, i know its not an easy thing for us to overcome at all, but the dedication and passion is definitely there for both of us, and we'll try until we're out of options and then some

    Edit: one last thing ive seen a couple of Immigration assistance services in my searches on google, such as Destination NZ immigration, are these services any good, and would they improve our chances also? thanks!
    Last edited by Lingency; 04-06-2012 at 04:59 PM.

  4. #4
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    Marriage alone wouldn't really affect her chances of getting a visa because I imagine INZ gets quite a few 'marriages of convenience' coming through their files where people from certain countries get married in order to gain residency in NZ and then do a disappearing act. Obviously time spent with your girlfriend would help towards proving your relationship. Having an online relationship would be totally different to actually living together so INZ would prefer to see that you have at least spent some prolonged time in each other's company. I don't know if it would help, but perhaps you could contact INZ and ask them directly what your chances are of getting a long term visa for your girlfriend. You will know for sure then what's needed.

    If you want to consult an immigration consultant, we have one attached to this forum and you can find them near the top of the lefthand column of the main forum menu. As with all such consultants, there will be a fee to pay if you are taken onto their books.
    Mother Bear

    Try to bloom wherever you are planted.

  5. #5
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    Lingency

    If you are close to 109-125 Willis Street, Level 2, Kordia House in Wellington go down to INZ and talk to them. Get it straight from the horses mouth. They are there to help you, not hinder you, so open up a dialogue. You don't need to hire a professional unless you have a difficult situation like she has prior drug convictions (the kiss of death by the way). Best of all its free. You will be interacting with them in the future so you might as well go to know them.

    Tell your buckeye partner to learn as much as she can about NZ before her arrival. She can get NZ citizenship after being in NZ legitimately for 5 years so she has to get residency first.
    Last edited by Cliff; 04-06-2012 at 05:22 PM.
    Cheers

    Cliff

    Nelson, New Zealand
    NZ Citizenship in 2000, been in NZ 15 years now
    Arrived NZ in 1997 from Las Vegas, Nevada, USA

    "New Zealand isn't just a physical place it is a state of mind."

  6. #6
    Lingency is offline Junior Member
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    Quote Originally Posted by Cliff View Post
    Lingency

    If you are close to 109-125 Willis Street, Level 2, Kordia House in Wellington go down to INZ and talk to them. Get it straight from the horses mouth. They are there to help you, not hinder you, so open up a dialogue. You don't need to hire a professional unless you have a difficult situation like she has prior drug convictions (the kiss of death by the way). Best of all its free. You will be interacting with them in the future so you might as well go to know them.

    Tell your buckeye partner to learn as much as she can about NZ before her arrival. She can get NZ citizenship after being in NZ legitimately for 5 years so she has to get residency first.
    thanks for the reply Cliff, im familiar with willis street, ill look into it, its a little far but not unreachable, that sounds like a good idea, she has no criminal convictions or anything like that so thats fine, something to look into for sure. cheers mate

    i'm trying to teach her as much as possible but her living situation is a bit rocky right now, doing the best we can though.

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