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Thread: work visa declined/marriage to stay in country

  1. #1
    smegle is offline Junior Member
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    Dec 2010

    Default work visa declined/marriage to stay in country

    hi there,

    almost three years ago i went to australia where i met my partner who is a new zealand ciitzen after my work and holiday visa expired there i went back to my home country to then get a work and holiday visa for new zealand to live here with my partner. that is almost a year ago. about three month ago we started to find options for me to stay in the country as my partner already sponsored someone else about 4 years ago. as far as i know an eligible sponsor has not sponsored more than one person within the past 5 years. which means we cant apply for a partnership visa at this stage.
    than we found out that i could possibly get a work permit through my employer if i did an ito-training. it sounded good so we did that. i got the ito sorted, convinced my employer and then sent an application form to immigration new zealand. after painful 6 weeks of waiting and replying to their letter they eventually declined my visa application. the reasons for declining the visa are not understandable it seems that immigration didnt even bother to read the last letter i sent them. however i requested a reconsideration today which gives me the possibility to stay in the country as long as it takes to review my case and also to give them the chance to change their opinion. so it could end good for me.

    however i am getting quite nervous here. i dont see myself prepared to leave, i have my life here. but i have the feeling that i am running out of options.... we were even thinking about marriage but we are not sure how that could change the case. can i then apply for a partnership visa, or residency or would that make no difference as the five years are not over yet?

    i am desperate for any advise.
    thank you for your help in advance.

  2. #2
    MotherBear's Avatar
    MotherBear is offline The missing link
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    Jan 2005
    currently Ras al Khaimah, UAE, ex Wales, UK
    Blog Entries


    Unfortunately, getting married will not change your chances of getting NZ residency. If this were the case I think we would see a lot of people taking part in convenience marriages just to get to stay in the country.

    You really need to understand why your application was declined before you can try to resolve the situation. It might be an idea to ask them to give you a clear reason so you know if there's anything that can be done to make it come good.
    Mother Bear

    Try to bloom wherever you are planted.

  3. #3
    smegle is offline Junior Member
    Join Date
    Dec 2010


    thanks for ur post.

    well, in one of the first letters they said that they will do a labour market check and stated that my employer didnt make genuine attemps to recruit a nz citizen or resident.

    the labour market showed that there are enough nz citizen or residents. fair enough i cant change anything about it but where are all those people they surely didnt apply for a job when the company i work for advertised with work and income, seek and also has a running ad on their own homepage. i also earn very good money - so it cant be the fact that they give that job to a migrant and just pay minimum wages.

    however i explained and also did my employer in length which genuine attemps where made (ads winz, seek, ...) that in the past two years about 20 people worked in that position, mostly nz citizen

    so in my reconsideration i tried to explain again, what they obviously misunderstood, my employer sent a letter showing support towards me and so now i am just waiting again.

    i doubt that immigration will change their opinion. it doesnt seem that they are keen on migrants lately anyway. and theres still the labour market check and them not considering small businesses....

    anyway... i was just hoping to get another option. i am not exactly after residency i just want to stay in nz for another little while and want to be able to work here. and since the partnership visa wont work with us we thought about marriage. of course i wont turn into a resident after we get married but how would that change my immigration status?!?!

    and can u think of some sort of visa which i might have overseen....???

    thanks for ur help...

  4. #4
    Taffy's Avatar
    Taffy is offline He who shall be ignored
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    May 2004
    Hamilton, NZ
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    Getting married won't change your immigration status at all. Marriage has no impact on your status as it proves nothing. Anyone can get married, and people sometimes pay others to get married just to gain visas, so Immigration do not accept marriage as evidence of a genuine relationship.

    Work visas are exceptionally difficult to obtain at the moment because of the worldwide recession. Many skilled kiwis came back to the country so demand for skilled jobs dropped.

    If your employer cannot prove you are the only one for your job, and you cannot get any further work or visitors visas, then there is probably very little you could do unless you want to take up full time study on a student visa. Of course, you would have to register and attend a genuine course of study, which would be liable for international student fees so depending on your situation, this may not be viable for you.

    It's a tricky situation you have

    The greatest mistake you can make in life is to be continually fearing you will make one.

  5. #5
    1happywoman's Avatar
    1happywoman is offline Senior Member
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    Apr 2008
    Kawakawa, NZ, formerly Cincinnati, Ohio, USA
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    Depending on what happened with the person your partner sponsored four years ago, you might try going that route and appealing to the department of immigration. Situations change and if you could show reasons why that last sponsorship didn't work out, and that you have been together for more than a year or two, they might waive the time limitation. I think they had to come up with some sort of time limit or people would be sponsoring immigrants often in order to get them into the country. Might be worth calling someone at the department of immigration and explaining the situation and see what they say.
    Arrived in Auckland on August 6, 2008.Now live in Kawakawa with my kiwi partner.
    I just started working at Bay of Islands Hospital at the beginning of December 2009.
    Work permit renewed and good until June 2010
    EOI submitted and selected, case manager assigned and ITA received. PR application submitted 28/08/09
    approved in principle 26/01/10, PR granted and received 19/03/10

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