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Thread: Family Stream Partner Visa Query

  1. #1
    theodore is offline Junior Member
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    Default Family Stream Partner Visa Query

    Hello, I came across this great little site while looking for NZ immigration advice and thought there might be a chance of getting some helpful advice here.

    So a quick run down of our situation.
    I am a NZ citizen and my partner an American citizen. We have just recently spent six months together in NZ before she returned back to the states with the hope and desire of me being able to join her. This has unfortunately proven to be more difficult than expected and is going to take time and legal expertise of which we are not currently in a position to undertake as we are expecting the addition of a sprog in October.
    So we are looking at her returning in the near future to NZ and having the child here.

    So I am guessing the family stream/partner work or tourist visa is the best application process to go trough to get her here but have a few queries that hopefully someone has insight about.

    -As she is due in early October there is considerable pressure on time as some airlines are reluctant to fly pregnantees beyond a certain point so was wondering if someone had estimates around processing times for the family stream visa options?

    -I have some confusion on the living together for 12 months and what this applies to, so as our relationship has been for over a year but only six months of that living together are we legitimate in applying for the temporary work visa? And is it correct that this applies to residency applicants.

    -As my partner has just been in NZ for six months I am unsure on how the only being allowed in NZ for nine out of eighteen months might apply in family stream temporary visas does someone know the application of this?

    -As I understand the work/tourist visa scheme is a temporary visa for up to two years and residency is not generally part of this visa, is there a way or path to transition to residency from this type of visa?

    -As we are unsure of what place we may eventually live or how we might split our time between countries we are unsure of intent to apply for residency here. Is there any potential difficulties in application or processing of family stream visas if we are uncertain on this.

    -If my partner is granted the temporary work visa I gather she is entitled to free pregnancy health care here, is this different through the tourist visa?

    -Is there an obligation of financial support or evidence of funds placed on the mentioned visa options as I understand these are different across the visas. In a tourist visa it states for evidence of financial support either personal or through a sponsor but saw nothing asking of this for the work visa.

    -As I have been recently exploring american visa procedure and regulations NZ immigration law is a little hard at present to understand and until my head clears from the American minefield I am sometimes lost, so that said what sort of supporting information helps an application for work/tourist family stream visas?

    My understanding is that if there is no expressed intent on residency then immigration NZ will be looking at evidence to show the applicant will return to there home country at the expiration of their visa is this correct or is it different in partner visas and could this be an issue?

    As we are not currently married (on the cards though) and have for the most part separate finances what sort of evidence is useful for proof of relationship?
    (We do have vast pages of electronic communication and many photos of time spent together).

    With the work visa option what documents (work history etc) are useful?

    And any other documents?

    -I gather a little of the process of application from reading but am unclear on the flow of it all. I understand I need to fill out my sponsor part of the form and as she is in America she will need to submit this with her application along with supporting documents. As there is time pressures is post the only option or can my sponsor form be scanned and email or faxed to her once completed?
    Or is there an option for her forms and documents to be submitted here in NZ to speed up the process or does it have to be filed in her county of application?
    Any advice or tips on making sure the process goes smoothly?

    Okay so more than just a simple query but as my experience with dealing with American immigration goes, I found it pays to be well informed before undertaking any visa venture.
    So any advice or knowledge on any of the mentioned questions would be greatly appreciated as we are really keen to be together again to start our family.

    Hoping that there is some helpful advice and understanding out there.

    Thank you,

    T, M and little sprog.

  2. #2
    jpegan Guest

    Default

    Hello!

    None of us are immigration experts, nor can we give you advice without running foul of NZ law.

    But generally governments take legal marriage as a significant indicator of committment; ditto children.

    If you are in NZ I would suggest calling Immigration NZ yourself--anonymously if you prefer--and asking what your rights are, as the NZ father of the soon to be sprog. And as her partner.

  3. #3
    MotherBear's Avatar
    MotherBear is offline The missing link
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    Default

    Wow, that's quite a daunting amount of questions in one post.

    How long an application would take depends to some extent on which INZ branch the application would go through - some are busier than others.
    Pregnant women from overseas coming to NZ to give birth have been frowned upon by INZ for some while now because of the 'burden' they put on the NZ health system and I imagine INZ would want to discourage a flood of women from poorer countries coming to NZ just to give birth in a better environment. However, I believe that partners/spouses of NZ citizens may not be ruled by this requirement. I'm not sure on the current stance on this as I read about this quite some time ago. For sure, if your partner was on a visit visa, I doubt very much she would be eligible for free/subsidised health care but should be on a long term work visa.
    If INZ get any impression that you initially wanted to live in America and are only reverting to NZ as a second option, they might be less than happy to grant a visa if they think you might hop off again once your US problems have been resolved. As you are no doubt aware, INZ would be scrutinising your relationship to make sure it is stable and genuine so it would be up to them to decide whether having lived together for 6 months and your reasons for then being apart would fit their relationship requirements. Looking at what INZ says about residency under partnershipm, it looks like you just need to be living together at the time the application goes in...

    Joining your partner in New Zealand

    If you want to join your partner in New Zealand and work, you may be eligible for a work visa under our Family Stream.

    All applicants must meet our health and character requirements. The other requirements you must meet depend on your partner's immigration status.

    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 support your application under our Partnership category 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 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 for up to 12 months. Once you are here, you can apply for further work visas 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.


    From here.

    I did have a list of evidence to support the stable/genuine partnership requirement but I don't have it on this laptop. Below is an extract from the old INZ Operations Manual but the contents should still be more or less the same now.

    F2.20.15 Evidence of living together in partnership that is genuine and stable*

    Evidence that the principal applicant* and partner* are living together may include but is not limited to original or certified copies of documents showing shared accommodation such as:

    joint ownership of residential property
    joint tenancy agreement or rent book or rental receipts
    correspondence (including postmarked envelopes) addressed to both principal applicant* and partner* at the same address.

    If a couple has been living separately for any period during their partnership, they should provide evidence of the length of the periods of separation, the reasons for them, and how their relationship was maintained during the periods of separation, such as letters, itemised telephone accounts or e-mail messages.

    Evidence about whether the partnership is genuine and stable* may include but is not limited to, original or certified copies of documents and any other information such as:

    a marriage certificate for the parties;
    a civil union certificate for the parties;
    birth certificates of any children of the parties;
    evidence of communication between the parties;
    photographs of the parties together;
    documents indicating public recognition of the partnership;
    evidence of the parties being committed to each other both emotionally and exclusively such as evidence of:
    joint decision making and plans together
    sharing of parental obligations
    sharing of household activities
    sharing of companionship/spare time
    sharing of leisure and social activities
    presentation by the parties to outsiders as a couple.
    evidence of being financially interdependent such as evidence of
    shared income
    joint bank accounts operated reasonably frequently over a reasonable time
    joint assets
    joint liabilities such as loans or credit to purchase real estate, cars, major home appliances
    joint utilities accounts (electricity, gas, water, telephone)
    mutually agreed financial arrangements.

    The presence or absence of any of the documents, information or evidence listed above is not determinative. Each case will be decided on the basis of all the evidence provided. Evidence about these matters may also be obtained at interview and can be considered up until the date of final decision*.


    I've tried to answer some of your queries. I'm sure there are more questions lurking in there but maybe you can thin down what's left and I'll look at them when I come on next.
    Mother Bear

    Try to bloom wherever you are planted.

  4. #4
    laura.mccarthy819 is offline Junior Member
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    Default I am in the same position in 2013 I would really like your help and advice.

    I am in the same position as you, only I am British and pregnant and my boyfriend is from NZ. We too went travelling together and have since fallen pregnant. We have both decided that it would be best to have the baby in NZ but it isn't as straight forward as we had hope and nobody really wants to help in giving advice.

    It would be great to hear what happen with the two of you and hopefully give us a little advice on how to go about applying and whether pregnancy is relevant to any of it?

    You can e-mail me directly if you like l.mccarthy1987 @ hotmail.co.uk

    Laura x

  5. #5
    moshiksss is offline Junior Member
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    Default hiii

    I have couple of queries I am a NZ citizen and I recently came back from London. I met my girlfriend (Portuguese National) last year (25th of Feb 2012) and while we didn't officially live together (as
    in not a joint back account) but she was living at my address 4-5 days a week in London. 1st of December last year I had to move back to NZ due to my highly skilled visa not getting extended. (We can provide email, photos, facebook posts and letters from friends and family that were were together)

    Once I moved back We kept in touch daily by IM and Skype and we were apart for 5 months until she could finish her contract in London and me settling back Auckland. She moved here 1st of May and she is living with me. Although she is NOT on the lease we do have a joint bank account and purchased a car together. We can aslo provide supporting letter from people here as well.

    I talked to immigration about our visa options and they recommended this option Temp work visa under the family stream because we haven't lived together for 12 months. However when I asked about supporting evidence they were very vague which I kind of understand as each case is different.

    My first concern is that her name is not the lease for the house. Is this going to be a problem?
    And Generally how much evidence do they require for this Temp work visa under the family stream.
    And Lastly can we go in and give our application to them in person? It doesn't say anything on the website.

    Any help is appreciated.

    MAY 2011 VISA BULLETIN PREDICTIONS

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