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Thread: Peculiar situation - help required

  1. #1
    Teen11 is offline Junior Member
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    Default Peculiar situation - help required

    Recently, (like a month ago) me and my husband separted. When applied for our PR, he was the principal applicant and I got my PR on the basis of partnership. A year before that I got him an open work permit on the basis of partnership. In December 2010, we completed 3 years of our residence. Now a month ago, he cheated on me and is now living with his new gf. She is currently waiting for her PR and her visa is to expire soon. I want clarify, can he sponsor her for visitors visa on the basis of partnership?
    I went through the forms and it said that if he has sponsored someone for residence on the basis of partnership, he cannot sponsor anyone else on basis of partnership until the 5 year period has expired. Is this correct?
    When we applied for PR there were so many documents that we had to provide to prove our relationship but for visitor visa sponsorship, they don't seem to ask for any of those. Please some advice would be appreciated.

  2. #2
    MotherBear's Avatar
    MotherBear is offline The missing link
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    Sorry to read about your situation.

    From what I've seen, I believe the 5-year sponsorship ban may only apply to long term visa applicants such as those wanting residency or a work visa.

    V2.20 Funds or sponsorship requirements

    Immigration Act 1987 s 28
    Immigration Regulations 1999 reg 21

    Applicants for a visitor's visa or permit must have either:

    1. funds of at least NZ$1000 per month for maintenance and accommodation, or NZ$400 per month if the accommodation has been prepaid; or
    2. sponsorship by a relative or friend in New Zealand, who:
    1. is a New Zealand citizen, or
    2. holds a New Zealand residence permit that is not subject to requirements imposed under section 18A of the Immigration Act 1987, or
    3. is exempt under section 12(1) of the Immigration Act 1987 from having to hold a permit.


    In this, it doesn't mention anything about the 5-year issue, so it may be that it doesn't apply for visitors.

    I took this from here.

    Also this is the Sponsorship form for Temporary Entry and you can read what is required in there.
    Mother Bear

    Try to bloom wherever you are planted.

  3. #3
    Teen11 is offline Junior Member
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    Sorry should have been more clear. I was referring to partners sponsoring on partnership -based temporary entry applications.

    On that note though one has to provide the reason you are applying for a visitors visa. "To wait for my PR decision to come through" Is that even a valid reason. Will they consider it? My past dealings with them have given me the impression that they do not extend visas or give visitor visas for this reason unless things have changed.

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    Taffy's Avatar
    Taffy is offline He who shall be ignored
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    Do you mean, can someone who was sponsored themselves, be a sponsor? If so, and they meet the criteria MB has posted above, then he should be able sponsor her for a visitors visa. After 5 years he can also sponsor her for residency.
    Taffy

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

  5. #5
    MotherBear's Avatar
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    I must admit I'm a bit confused, too. Just to recap....

    ...you sponsored him for a work visa when you already had one, but, when the residency application went in, he was sponsoring you and now you're asking if he can sponsor his girlfriend for a visit visa on top of already having sponsored you within the last 5 years? I think we could discount the sponsor issue for the work visa as residency has been granted since then so we just need to concentrate on whether he can sponsor her for a visit visa despite having previously sponsored you for residency. Harking back to my last post, it doesn't seem to say anything about the 5-year ban on sponsoring where a visit visa is concerned. Had it been sponsorship for her residency, I think there would be a problem, but it appears that she is applying for that under her own steam. That's the way I see it, anyway.

    Applying for a visit visa while waiting for a residency application to come through might be considered a valid reason. Quite a lot of people waiting for their applications to come through and who can't get a work visa, have to apply for a visit visa in order to remain in the country. I wouldn't like to say if they give this as the reason for applying, but my guess is they would.
    Mother Bear

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