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Thread: My partner is an overstayer - how to sort out residency?

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    Bigted is offline Junior Member
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    Default My partner is an overstayer - how to sort out residency?

    Hi all,

    My partner of 2 1/4 years (living together 2 years) has been in NZ for 6 years. She originally came in sponsored with a limited visa for 1 month. She decided to stay, and worked after 3 months from arrival (she has an IRD number, pays tax etc). She was a senior accountant in her country, but here has a housekeeping supervisory position in a hotel.

    What is the best approach to try and get her residency here, please? Any advice appreciated.

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    MotherBear is offline The missing link
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    Welcome Bigted,

    I guess the first thing to consider is how INZ will react to her being an overstayer which is rather a big no-no in their books. When you say she works, does she hold a valid work permit? If not, that could also cause a problem as it's illegal to work without some kind of a work permit if you don't have permanent residency in NZ. Sorry to be the bearer of bad news, but this tangle needs to be sorted out first before possibly moving forward to applying for residency.
    Mother Bear

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    Bigted is offline Junior Member
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    Thanks for your reply. She doesn't hold a valid work permit, but does have an IRD number, strangely enough. Obviously the different Government departments don't work together.

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    Welshgirl is offline Super Moderator
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    Hi Bigted,

    Anybody, with or without a work visa/PR can have an IRD number, so it doesn't matter that 'different Government departments don't work together'. Even people outside of New Zealand may apply for, and be granted, an IRD number.

    Unfortunately, as she has knowingly chosen to overstay, she is unlikely to be granted any sort of work permit or PR.

    Not good news, I'm afraid.

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    Bigted is offline Junior Member
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    I had thought the news wouldn't be good. How do we go about rectifying it? Is it better to involve an immigration lawyer? My worry is, if she voluntarily leaves the country, she may not be allowed back in.

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    To be honest, Bigted, if Immigration realise that she is an overstayer, and particularly as she is working without a valid visa/permit, then they are likely to deport her back to her home country and she will not be allowed back in. The company that she works for also risk a large fine, as they are employing her illegally.

    By all means, seek the advice of an Immigration lawyer, but as far as I am aware, she will no longer be able to stay/work in NZ legally, due to her overstaying, so there may be no way to rectify this

    Sorry it's not better news.

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    Bigted is offline Junior Member
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    Ok, that's worse than I was expecting! Thanks anyway. Might try the lawyer - any recommendations for someone who might have handled this before? I'm in Wellington.

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    Welshgirl's Avatar
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    Hmm, no recommendations, sorry. Have a look in the Yellow Pages for Immigration Lawyers.

    Best to be pro-active about the situation, rather than waiting for Immigration to realise, eh...... Nearly 6 years is a long time to overstay and, the more time goes on, the more likely they are to catch up with her.

    Good luck and let us know how you get on.

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    MotherBear's Avatar
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    Quote Originally Posted by Bigted View Post
    Ok, that's worse than I was expecting!
    INZ takes no prisoners . It makes it worse, I'm afraid, because she has overstayed by such a long time and has worked, too. A few people who have only overstayed a short while can sometimes plead their case and have something to offer NZ, like skills or that they want to raise children with their kiwi partner etc. to make them appear attractive enough to be allowed to stay and apply for proper visas. We had a young lady on here some time back who had overstayed in Oz and that caused big problems with her application under partnership in NZ. In the end she put a good case and was finally allowed to apply.
    Mother Bear

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    There have occasionally been amnesties in the past, but I don't think that they are in fashion at the moment. Even then, I think the overstayers had to leave NZ and re-apply to get back. Though in that case I don't think there was a mandatory waiting period.

    Jof

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