Try this for a teaser !!!! What way to go ?

[ScotsJon]

Hi all,

Well after weeks of trolling through various sites and not being able to get any answers here is my dilema ( and I've not seen another like it !!!! )


My wife and I have been married for over twelve years. We lived together in the UK for 6 years. She came to NZ with our 2 children and decided to stay. They now all have NZ Residency status. I remained in the UK due to other personnal and business commitments. I came to NZ in January 08 and have now decided to remain here with my family.

Can anyone enlighten me as to the best route to approach NZIS with regards to obtaining residency. ie work permit or can I get PR due to time of marriage even though we have not lived together in the last 12 months but did so for years previously ?

Any and all advice greatly appreciated.

[ebianca]

Hi and Welcome.

I will give MB chance to get her mind together by atempting to answer first for a change.

Depending on what skills you have and your line of work you might be able to apply for residency in your own right through skilled migrant category.

Alternatively if youare already in NZ and can get yourself an offer of employment you could get yourself a work visa/permit to cover the time for sponsorship.

I had a quick look under the partnership category and it states you have to have been in a stable relationship for 12months or more. I imagine that your length of relationship won't be a problem and that if you could prove that your relationship was still ongoing- i.e emails, letters etc during the time apart the you should be OK. You could give INZ a quick email and ask then the best way to go- in my experience they have been fairly prompt at answering emails.

Hope that helps a bit

Beth

[MotherBear]

Hi ScotsJon and

One way for you to get into NZ AND comply with the 12 months living together thing is to go via this route . You get a Work Permit and the chance to live together until she can sponsor you for residency. The latter bit is conditional on her having held PR for 3 years, of course.

[Taffy]

Hi,

What an unusual situation! I'm making some assumptions, so feel free to correct me!

From an NZIS point of view, depending on exactly how long you've been apart from your wife, and the circumstances surrounding it, they may not view your marriage as being stable. Living with your wife for only 6 out of 12 years of marriage just seems a bit odd, and without knowing your circumstances I would guess is either work related separation or a rocky marriage. If you had split up during your wifes move to NZ and were never included in your wifes PR application, then there will be no hope of her sponsoring you straight away.

I think your options are to try and gain residency on your own, should your skills etc meet the requirements or, failing that, you would need to try and secure a work permit, to give you enough time to live with your wife and family to meet the partnership requirements.

Hope that helps!

[MotherBear]

In case you have difficulty with the first option I posted, this is a link to the Skilled Migrant Category . You need to find out if your job skills are on the Long Term Skill Shortage List .

I'll try to investigate what Taffy has said above and see how it affects you.

[ScotsJon]

Hi,

Many thanks for prompt responses. Should have mentioned wife and I were seperated and technically leading seperate lives although we both thought that we may reunite when the circumstances were right ( which they are now !! )

I have applied for police report from UK which hopefully should be here this week and will then go for medical. From there seems best way forward will be to apply for jobs and hopefully when I get a job offer this should expidite work permit application.

[MotherBear]

I'm just collating information together so bear with me. 'Bear' - tee hee.

Eligible sponsor .

If you look at the bottom of this page you'll see that it talks about having been separated from your partner for a significant period .

Minimum requirement for recognition of partnership .

I think these are for partners to be included in PR applications but it might give some indication of how INZ looks on these relationships. I'm still looking, but it's like ploughing through sticky treacle.

[MotherBear]

I've finally got through to the sponsorship bit.

F2.1 How does a spouse qualify for residence? (26/07/1999)
See F2 Effective 01/10/2001

A spouse of a New Zealand citizen or resident* meets spouse policy if he or she is married to a New Zealand spouse and the couple is living together in a genuine and stable* marriage.
In each case, the New Zealand spouse must support the application and, if requested by the NZIS, provide agreement that he or she will give financial support for the first 24 months of residence.
A person who is applying for residence on the basis of marriage to a New Zealand citizen or resident will not be approved if he or she or the New Zealand citizen or resident partner is already married to another person.
Applicants under spouse policy must meet health and character requirements policy (see A4 and A5).
F2.1.1 Definition of 'genuine and stable marriage'

A genuine and stable marriage* is a marriage that the visa or immigration officer determines:
is genuine, because it has been entered into with the intention of being maintained on a long-term and exclusive basis, and
is stable, because it is likely to endure.
If officers are unable to determine whether the marriage was entered into with the intention of maintaining it on a long-term and exclusive basis, they should accept it as genuine, unless there is evidence to the contrary.
F2.1.5 Assessment of periods of separation

If a principal applicant* and their spouse have lived apart for periods during their marriage, the application should not automatically be declined. Instead, visa and immigration officers should determine whether there are genuine and compelling reasons for any period(s) of separation.
Determining whether there are genuine and compelling reasons will depend on the circumstances in each case, and may require consideration of:
either spouse's family, education or employment commitments;
the duration of the marriage and the length of time the couple has spent apart;
the extent to which the couple has made efforts to be together during the time apart.

F2.1.10 Definition of 'New Zealand resident'

New Zealand resident* means a person who holds:

a current* New Zealand residence permit or current* New Zealand returning resident's visa, or
a valid Australian passport.

[MotherBear]

But this bit is worrying.

H2.15 Sponsorship requirements

Applicants must be sponsored by a person who is:
a close family member* of the principal applicant* or the principal applicant's spouse or partner included in the application, and
a New Zealand citizen, or the holder of a New Zealand residence permit that is not subject to requirements imposed under section 18A of the Immigration Act 1987.
Sponsors must complete a Sponsorship Form for Residence in New Zealand, and be able to meet the undertakings in that sponsorship form.
Children aged 16 or younger are not eligible to be sponsors.
Children aged 17 to 19 are acceptable as sponsors only if they are able to satisfy a visa or immigration officer that they are able to meet the undertakings given in the sponsorship form.

H2.15.1 Definition of 'close family member'

In the context of Humanitarian category policy, close family member means:

a parent, adult sibling or adult child, or
an aunt, uncle, nephew or niece, or
a grandparent, or
a person who has lived with, and been part of, the applicant's family for many years, but is not an estranged or divorced spouse or partner.

H2.15.5 Evidence of sponsorship

Evidence of sponsorship is a sponsorship form, completed by the sponsor and endorsed by an NZIS branch in New Zealand, which:

confirms that the sponsor is a New Zealand citizen or holder of a current residence permit not subject to section 18A requirements; and
is endorsed with the official seal of the NZIS.

H2.15.10 Evidence of relationship

Evidence of the sponsor's relationship to the principal applicant* or the principal applicant's spouse or partner included in the application must be supplied and may include but is not limited to:
birth certificates
marriage certificates
household registration documents if these establish the relationship of the applicant to the sponsor
adoption papers (see R3.5.1).
If the sponsor or principal applicant* or the principal applicant's spouse or partner included in the application has been adopted by custom, a visa or immigration officer must be satisfied that a customary adoption has taken place (see R3.5.1).
Effective 26/07/1999

[ScotsJon]

MB & Taffy,

Sounds like a good name for a legal firm eh !!! Many thanks so far.

I am now ploughing through INZS website (again !!) Think we will need to say that we were estranged for the seperation period and I will just try for work visa and then o down the 12 month living together in perfect harmony route.