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Thread: Visa advice

  1. #1
    davidwaters is offline Junior Member
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    Default Visa advice

    Hi all, new here,

    Me and my partner are considering relocating to New Zealand for a couple of years due to the impending recession and increased uncertainty over jobs here in the UK. We have been together approximately 18months but have never lived together. I am 26 and she is 31.

    I have had a good read through the NZ govt immigration website and I think the most appropriate Visa would either be a working holiday visa or a work to residence visa. As she is over 30, she is not eligible for the whv which means the wtr is the only viable option for her.

    As I am a Civil Engineer, I am fairly confident that I would have no issues securing a job offer which would hopefully mean a fairly straightforward application for a visa and work permit under the long term skills shortgae category. However, as far as I can tell, this visa would not cover my partner who would need to have her own application to be submitted. She is a data analyst by trade and I do not think this is on the long term skills shortage, which leaves only the accredited Talent (accredited employers) option on the wtr.

    As we have not lived together and are not married, I do not think that I would be eligible to sponsor her under the family stream once my visa has been processed.

    Can somebody offer some advice as to the best way for her to get a visa/ work permit?

    Also, if anybody can give a bit more information about how she would go about finding a job with an accredited employer, that would also be appreciated.

    Thanks

    David

  2. #2
    MotherBear's Avatar
    MotherBear is offline The missing link
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    Welcome to MTNZ. David .

    There is a list of Accredited Employers here.

    I don't know if this is worth looking at for your partner when you have your residency. Note the wording says 'living together at the time the application is made'.

    Your partner is a New Zealand citizen or resident

    You must show that you are living together with your partner in a genuine and stable relationship at the time the application is made. Your partner must:

    * be eligible to sponsor you for residence under our Partnership policy within 12 months of your intended date of arrival in New Zealand
    * meet the character requirement for partners supporting partnership-based temporary entry applications’
    * intend to be in New Zealand for the period you apply for in your application
    * provide a completed Form for partners supporting partnership based temporary entry applications (INZ 1146) PDF.

    If you have been in this relationship for a year or more, we may grant you a work visa or permit that allows you to stay for up to a maximum of two years.

    If you have been in this relationship for less than a year, initially we can only grant you a work visa or permit for up to 12 months. Once you are here, you can apply for further work permits for a total stay of up to two years from your arrival, if:

    * you and your partner want to stay longer in New Zealand and can show us that you are still in a genuine and stable relationship, or
    * you apply for residence as a partner.
    Mother Bear

    Try to bloom wherever you are planted.

  3. #3
    davidwaters is offline Junior Member
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    Hi motherbear and thanks for the quick response.

    On the page you quoted from regarding sponsoring a partner, there is a section relating to sponsoring a partner where the sponsor holds a visa/permit rather than residency. I think that this would be the most suitable category for her to get a visa/permit of her own, albeit tied to mine.

    However I have a couple more questins relating to this:

    1. With regards eligibility to sponsor. We ARE in a stable and committed relationship and have been for the past 18 months. However we might not meet the criteria on the grounds of living together which we have been looking to do, but which has not been possible on logistical grounds (we both have mortgages and jobs and our jobs are too far apart to commute. In an economic downturn changing job has not been possible, although we have looked into this with no success).

    Would this result in a simple rejection on grounds of not living together or does the immigration authority take a more common sense approach?

    2. Would we submit her application for a visa/permit under my sponsorship at the same time as I submit my application?

    3. If her Visa were to be granted, would she be allowed to find work in NZ and would there be any likely restrictions on the type of work?

    Thanks for all your assistance!! I suspect our case is not cut and dry and we may benefit from the advice of an immigration advisor which I am worried will be very costly.

    David

  4. #4
    till is offline Senior Member
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    Another idea:
    You could come over on a Working Holiday visa and your partner on a Visitor's visa.
    Once you're here and you've got a job and have moved in together with her, you both can apply for a Work permit (and residency as well if you like), yourself under Shortage List and she under Partnership Stream.
    Downside: She couldn't start working until you find a job, or she herself finds one with an accredited employer.

    HTH
    04/11/09 - EOI selected (125 points, no job offer)
    30/11/09 - Decision successful
    09/12/09 - ITA received
    23/12/09 - Application submitted
    03/03/10 - Case officer assigned (requested more documents)
    05/03/10 - Job offer secured (IT)
    12/03/10 - Work permits issued (1 year ISSL, 1 year partnership)
    13/04/10 - INZ Interview (re relationship)
    22/05/10 - Approved in Principle
    04/06/10 - Residence Permits issued

  5. #5
    MotherBear's Avatar
    MotherBear is offline The missing link
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    I was forgetting you don't really want to go for residency, but have opted to go the work permit route.

    Quote Originally Posted by davidwaters View Post
    Hi motherbear and thanks for the quick response.

    On the page you quoted from regarding sponsoring a partner, there is a section relating to sponsoring a partner where the sponsor holds a visa/permit rather than residency. I think that this would be the most suitable category for her to get a visa/permit of her own, albeit tied to mine. This sounds ideal, but I'm not sure that the 'must be in a stable and genuine relationship' thing has a tighter requirement in that you need to have lived together 12+ months to qualify. It doesn't really say for this section, but does state on the one above (for residents and citizens) that you only need to be living together at the time the application is made, which is quite different. I don't know if they are more lenient regarding the living together issue if you are a citizen or resident rather than holding a temp. work permit.

    However I have a couple more questins relating to this:

    1. With regards eligibility to sponsor. We ARE in a stable and committed relationship and have been for the past 18 months. However we might not meet the criteria on the grounds of living together which we have been looking to do, but which has not been possible on logistical grounds (we both have mortgages and jobs and our jobs are too far apart to commute. In an economic downturn changing job has not been possible, although we have looked into this with no success).

    Would this result in a simple rejection on grounds of not living together or does the immigration authority take a more common sense approach? This can depend on which person is dealing with the application unfortunately. Some seem to be more flexible than others.

    2. Would we submit her application for a visa/permit under my sponsorship at the same time as I submit my application? Looking at the wording it implies she would get her visa once you hold a work permit for 6 months or longer. I'm not sure whether your application form would allow for her to be included or if she would have to make her own application once yours is granted.

    3. If her Visa were to be granted, would she be allowed to find work in NZ and would there be any likely restrictions on the type of work? If she is granted a work visa, she should be able to do any type of work (that is legal ).

    Thanks for all your assistance!! I suspect our case is not cut and dry and we may benefit from the advice of an immigration advisor which I am worried will be very costly. We have a licensed immigration advisory attached to this forum so, if you feel you need specialist advice, you could always ask the cost first. It could be that all you need is a pointer to show which way to go. Look for NZ Shores at bottom left of the main forum menu.

    David
    Mother Bear

    Try to bloom wherever you are planted.

  6. #6
    till is offline Senior Member
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    Lightbulb

    2. Would we submit her application for a visa/permit under my sponsorship at the same time as I submit my application?
    Looking at the wording it implies she would get her visa once you hold a work permit for 6 months or longer. I'm not sure whether your application form would allow for her to be included or if she would have to make her own application once yours is granted.
    Actually my partner applied for her partnership work permit at the same time as I did for my shortage skill work permit.
    I couldn't find anything in the INZ Operational Manual, however, a note on the this support form (1146) implies that option. On page 3 under B8 you will find:
    I am the holder of a New Zealand work visa/permit and I have provided/attached a certified true copy of my passport (the personal details page and the page with the immigration label or stamp on it). See note below.
    [...]
    Note: If you are an applicant for a work or student visa/permit, and your partner is applying at the same time as you, you do not need to provide evidence of the immigration label or stamp.


    As for the 6 months criteria: I think this refers to the Opsmanual section WF4.1:
    Partners (see E4.1.10) of people issued work visas and work permits (including visas and permits issued and/or granted under Long Term Business Visas Policy and Work to Residence (Skilled Migrant Category) Policy) allowing a stay in New Zealand of more than six months may apply for and be granted a multiple entry work visa and work permit under this policy[...]
    04/11/09 - EOI selected (125 points, no job offer)
    30/11/09 - Decision successful
    09/12/09 - ITA received
    23/12/09 - Application submitted
    03/03/10 - Case officer assigned (requested more documents)
    05/03/10 - Job offer secured (IT)
    12/03/10 - Work permits issued (1 year ISSL, 1 year partnership)
    13/04/10 - INZ Interview (re relationship)
    22/05/10 - Approved in Principle
    04/06/10 - Residence Permits issued

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