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Thread: Partneship Residency Question

  1. #1
    Leia is offline Junior Member
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    Default Partneship Residency Question

    Hello,
    my friend has really weird situation and I don't know how to help her.
    She has been living in New Zealand for 10 years and being in a relationship with a resident for 4 years. They applied for the PR a year ago and now it is in the final stage but she found out that he cheated on her and she broke up with him and now she is living in the same house but they are not a couple any more . What should she do regarding her PR application? Cancel or apply for a new one because she has been waiting for 12 months.
    Thanks for your advice.

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    Quote Originally Posted by Leia View Post
    What should she do regarding her PR application? Cancel or apply for a new one because she has been waiting for 12 months.
    She could only do this if she is qualified to apply on her own e.g. job skills that NZ needs, a skilled job she is currently working in or immediate family who could sponsor her. It is tricky when a relationship breaks up partway during a residency application if it's based purely on partnership and the relationship being stable and genuine. We've had a few other folks who have been in this kind of situation in the past, but they have had certain job skills that allowed them to make their own application. Under what circumstances has she been able to stay in NZ so far?

    The application, as it stands, is on shakey ground if it was made under the Partnership Policy.

    F2.30 Determining if the couple is living together in a partnership that is genuine and stable

    1. When determining if the couple is living together in a partnership that is genuine and stable the visa or immigration officer will take into account those factors set out at F2.20(b) and must consider, and be satisfied, there is sufficient proof, (from documents, other corroborating evidence, or interviews) of all four of the following elements:
    1. ‘Credibility’: the principal applicant and the partner both separately and together, must be credible in any statements made and evidence presented by them.
    2. ‘Living together’: the principal applicant and partner must be living together unless there are genuine and compelling reasons for any period(s) of separation (see F2.30.1).
    3. ‘Genuine partnership’: the principal applicant and partner must both be found to be genuine as to their:
    * reasons for marrying, entering a civil union or entering into a de facto relationship, and
    * intentions to maintain a long term partnership exclusive of others.
    4. ‘Stable partnership’: the principal applicant and partner must demonstrate that their partnership is likely to endure.
    2. A residence visa must not be issued or a residence permit granted unless the visa or immigration officer is satisfied, having considered each of the four elements in (a) above (both independently and together) that the couple is living together in a partnership that is genuine and stable.


    From here.

    If your friend really wants to stay in NZ, it may be better for her to explain the situation to INZ to see what they say. If she has been in NZ for such a long period and has already established a life for herself, they may consider allowing her to apply for residency herself.
    Mother Bear

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    Leia is offline Junior Member
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    Thank you for such a full answer, it cheered her up.
    I just want to find out one thing, she applied for the partnership residency and the working visa at the same time (her working visa is under the pr), so in this situation she still can apply for her own residency or not? She has been working at the same for 2 years, does it count?
    Thank you again. Because she was ready to give up any ideas about residency.
    Really appreciate your help.

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    A person can apply for a work permit and residency at the same time. In your friend's case, applying for residency would depend on whether she has suitable skills which are on the Long Term Skill Shortage List.
    Mother Bear

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    Leia is offline Junior Member
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    Thank you again for your help before now inane another question regarding the same situation. My friend wrote a letter to the immigration office telling that she broke up with her partner and in next 2 days she received a letter in which her case manager asked her to send her passport and fee because she got her residency. She was trying to call her case manager but she is still on holiday and will be back next month. One of the manager said that they can't cancel her residency and she should send her passport and get it, another one said that it will be canceled. What should she do in this situation?
    Really appreciate your help and advice.
    Thank you

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    There could be confusion with letters crossing in the post i.e. her case officer asked her to send in her passport and fee before she (the CO) had received your friend's letter.

    I'm afraid it does happen that staff at INZ occasionally give conflicting advice. Being so close to getting her residency, I don't know how INZ would see the break up of the relationship. We had a similar situation a short while ago, but the person already had their residency and was asking about being able to get permanent residency. You can read the responses here. The discrepancy between the different case officers needs to be sorted out and your friend should take their names when contacting them so that she can quote who said what if something goes wrong.
    Mother Bear

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    Wait it out and speak to the correct case officer handling the case. As MB says, consistency is but a word when it comes to the INZ, and conflicting advice is often given.
    Taffy

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