Advice on a tricky situation

[themaverick]

Hi Everyone,

OK, this one is a little delicate - and with some back story. But any help will be greatly appreciated.
I moved over to NZ from the UK with my wife a few years back. All was good, both on work permits, renewed no problem, both current into late 2009 currently.
Our EOI went in last year, and recived ITA, submitted in Dec, have the CO, and everything was sweet as.
3 weeks ago, found out my wife has been having an affair for the last 4 months.
We are seperating, I am 100% committed to staying in NZ, I have nothing in the UK to go back for, and I have a great job and new business here.
Now my problem, I was the spouse on the ITA, the application was in my wifes name. Obviously I can stay on work permits, but we are so close to the residency its not funny. I'd appreciate your advice on whether I should:
1. Sit tight and hopefully wait for everything to come through. Our proof of relationship was very strong, we have been married for 8 years, together for much longer and eveidence supplied. After all, we have to be seperated for years before divorce.
2. Is it worth coming clean with my CO on the situation? I would be afraid of the ITA being cancelled for me, I'm back to work permit and a truck load of money down the drain. On my own, I believe I may have 125 points, but I'm not 100% on that. Would I be able at this late stage to be assessed singularly? I doubt it!
3. Anything else, anyone may have suggestions?
I'm trying not to be too bitter about the whole thing(!) and I have nothing but respect for Immigration NZ, all my dealings with them have been fantastic. But I'm wondering if if by being honest is just going to punish me?

Thanks in advance everyone!

[nickydwuk]

So sorry for you maverick - a marriage break up is not easy at the best of times but when it is compounded by being in NZ and midway through the immigration process............

Can't help on the immigration front I'm afraid but I'm sure someone wiser than me will be along soon to help.

[MotherBear]

Hi Maverick and . Sorry that you've come into our fold under such sad circumstances, but let's hope we can help to see you through this difficult time and situation.

This is one of those occasions when I wonder at the wisdom of INZ in enforcing strict rules on couples about whether their relationship is genuine and stable. With the best will in the world, no one can predict their future and guarantee a relationship will continue to thrive into the twilight years, although I do understand the reasoning behind the ruling.

As you are still legally married I guess you could let your PR application roll on. However, I'm not 100% sure how your Returning Residents Visa which would normally be linked to your wife's, would be affected. Does she intend staying in NZ, too? After PR you need to comply with the regulations for 2 years to qualify for an Indefinite Returning Residents Visa and so does your wife. If you do continue with your current PR application you may be able to still get your IRRV under some of these

You can apply for an IRRV if:

You have been a New Zealand tax resident for the last two years ; or
You have spent a significant period of time in New Zealand during the last two year (184 days in each of the previous 2 years); or
You have invested NZ$1 million in New Zealand for the last two years; or
You have successfully run a New Zealand business for the last 12 months; or
You have established a 'base' in New Zealand (if you are the Principal Applicant then each member of your family has lived in New Zealand for 184 days in each of the last 2 years and you have had either a family home in New Zealand during the last 12 months or have been genuinely employed in New Zealand immediately prior to applying for your IRRV).

Looking at the situation from a different angle, you say you have a business in NZ. It would be possible for you to apply, under your own steam, for a Long Term Business Visa . I would mention that it's not normally permitted to start your own business without having PR first, so I assume there is more to this than I have read into it. Or perhaps you wrote 'new business' and I misinterpreted it?

You could look into making your own PR application if you think you would be accepted. If you've been in NZ for several years you'll certainly have a lot of NZ experience under your belt and will have established a base for yourself there, which is important to INZ.

I wonder, if you are that close to getting PR that no awkward questions are likely to be asked by INZ, whether sitting tight would be the easiest way out of this. After all, being separated doesn't always lead to divorce (as far as INZ is concerned ) and you could just be having a cooling off period. Once you have PR you will have more freedom and, if your wife plays ball and complies with the RRV regulations, you should both be able to get your IRRVs at the same time and you will be home and dry. It is a lot more complicated if a partner, who is the principle applicant ,decides to go back to their originating country as their RRV will expire and that will cause problems for the one remaining in NZ.

Finally you could, of course, discuss the matter with your CO and ask his/her advice. You appear to be settled in NZ and making a life for yourself so that will go in your favour.

Hopefully, someone who has been in this position themselves will pop in with some advice for you.