Applying to workpermit but my partner hasn't get divorced

[KANA]

Hi to all,

I'm currently in NZ with visitor visa (=no visa, for 3 months) and going to apply to the Work Permit under pertnership category, but my partner will not be divorced till Jan or Feb next year.
We've been together for more than 1 and half years so far. He is happy to support me to get the Work permit.

The question is, (1) should we apply to extension to my visitor visa and then after his divorce apply to my work permit, or (2) apply now for the work permit

I checked the application form and there is no such question like asking my partner's marrige status. I'm even not sure if the immigration is going to ask us about his divorce or not.

If anybody has any idea, or advice, please reply. Thank you.

[Taffy]

Hi Kana,

If you can prove you have been living together for over 12 months, then NZIS will take your relationship seriously. If anything arises, they may ask for proof of separation from his wife, such as proof of his application for a divorce, but apart from that I don't see any other reasons against it!

With him still being married, the emphasis will certainly be on your proving your relationship is genuine, so make sure it's a good case!!

[KANA]

Hi Taffy, thank you for your reply.
I understand that if the relationship between me and my partner is stable they wouldn't ask for his marrige status.
I think I would apply to work permit. We have been together for almost 2 years and have been living for 1 and half years.

I thought that I can apply to PR at the same time I apply to the work permit as the documents I'm submitting are same. But do you think I should wait PR, until my partner get divorced? Or is it much easier to apply at the same time?

[MotherBear]

Hi Kana,

Perhaps you could apply for a work permit for yourself if you can get a suitable job offer. If you can get your own permit, you shouldn't have to prove anything to do with your partner. This way it will give you some time until his divorce comes through and then you can apply for PR under the Partnership Policy.

If you can apply for PR for yourself without having to rely on support from your partner, that's even better, but you would need to have suitable qualifications and work experience to do that.

If you can apply for PR on your own, you could get a Work Permit so that you can stay and work in NZ until your PR comes through. In this way, your partner wouldn't be involved so no need to worry about his divorce etc.

[KANA]

Hi MotherBear thank you for your reply. (BTW your icon is really cute.)

I'm currenly helping a part of my partner's business (not getting paid so not working, therefore it is not illegal I think), so I cannot get other job offers.
We actually tried to get work permit under his business, but after talking to other similar companies who are hiring immigrants, we found out that it would be difficult for me to get the permit with my qualification etc.
So we decided to go for work permit/PR under partnership category. We are wondering if we can apply now before his divorce will be complited.

[MotherBear]

If you don't qualify for a work permit, perhaps extending your visit permit for a few months would be a good option. Alternatively, perhaps you could apply for a Working Holiday Visa if you're under 30 and haven't held one previously. This will allow you to be paid for work up to a certain time as the main reason for applying is supposed to be for a holiday in NZ. You can get WHV's for up to 23 months, which will allow you to take on casual labour and you wouldn't be confined by the strict rules of a Work Permit. Take care on your Visit Permit because I've heard of people being told to leave NZ because they were taking free accommodation and meals in lieu of work. They weren't being paid for working, but were taking payment in kind.

I really don't know whether INZ would query your partner's marriage status in any application for PR. I haven't been able to find anything yet about whether they would ask for his divorce certicate and, as you say, there's nothing on the sponsorship form.

One important thing I would query is, you said in your first post that you have 'been together' for 1 1/2 years, but does that mean you have actually been living together during that time or just had a long-distance relationship? To apply under the Partnership Policy you must have been living together for at least 12 months and be able to prove this. I make this query because you say you're in NZ on a 3-month visit visa, so I'm wondering if you would qualify to apply for PR if you haven't been living with your partner for the required time.

[KANA]

HI, thank you for your reply.
We have been together for nearly 2 years and loved together for 1 and half years (i was staying in NZ for 1 year with WHV, and a bit more with visitor visa before.)
For people from UK you can stay in NZ for 23 months with WHV but for people from my country it is only 12 months.
I will be careful about the Visit Permit as you told me, thank you. My partner is ready to support me (eg providing me food and accommodation) so it would not be like the help exchange i guess, but i am not familier with these laws.
I also do not know if INZ will care about his marrige situation, could depend on the case as Taffy said, or could depend on the officer...?

[MotherBear]

If you've already had a WHV, then you wouldn't be able to apply for another one. I thought that might have been a good way to stay in NZ for quite a long time and get your partner's divorce out of the way.

It might be best to ask INZ directly what their views are on this. I couldn't find anything on the forms that said he needs to provide evidence of a divorce so perhaps it doesn't matter. It would be best to ask now rather than wait until near the time your Visitor Permit runs out. If there's no problem with that then you could go ahead quickly with the PR application.