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Thread: Can anyone help with a residency question?

  1. #1
    Kiwij is offline Junior Member
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    Default Can anyone help with a residency question?

    I heard of a problem the other day. An Phillipine woman married to an English man living in New Zealand. She has been here living and working for 3 years. She is very unhappy in her relationship and would like to leave him and stay in New Zealand. She believes her visa is due to her husbands passport and if she leaves him, he will get her deported.

    Is this true? Can he do this?

    How can she ensure she has the freedom to live and work in the country she calls home - New Zealand?

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    Hello Kiwij and welcome to the forum.

    Can I ask what type of visa does this lady have? If she has Permanent Residence then I don't think she has to stay with this man. She should have her own visa stamped in her own passport, so that, if she ever wants to travel outside NZ, she can do it on her own. The only way she could be tied to this man is if he was the owner of a company she worked for and she had a Work Permit linked to the company. Nevertheless, if this was the case, she could find another job and have the conditions of her WP altered to the new company. It should be said that, if there is a current application for her residency going through at the moment, the man could stop it if he is sponsoring her. He could withdraw the application if she left him.

    I can't see that it's correct that she should have to stay with him unless he's made some complicated arrangements with her visa so that she has to stay, but I can't imagine what. It sounds like this story is something the guy has made up to try to frighten the lady into staying with him. She needs to get her passport and check if there is a blue sticker in there which would be her residency permit. In fact I believe there should be 2 blue stickers in there, one for residency and a returning resident's visa for when she needs to leave and re-enter NZ. If she does have PR that means she can stay in NZ with or without this man and he shouldn't be able to do anything about it if she wants to leave him.
    Mother Bear

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    Kiwij is offline Junior Member
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    She works for her husband too - so he threatens her with deportation. She believes he is a very powerful man and that he can do this....
    It's difficult to get quantified information from her because she is emotionally distraught.

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    Quote Originally Posted by Kiwij View Post
    It's difficult to get quantified information from her because she is emotionally distraught.
    If the situation is this bad it is very important that she gets help immediately. Unfortunately, with not knowing what kind of visa she has, there can be no definite answer about whether her husband can have her deported or not. I wouldn't think he could 'have her deported' as such, because he has no authority to do this, but if she only has a work permit linked to him, he could withdraw or cancel it, which would have almost the same effect. If she has residency he can't do anything, but the main problem is whether she would have somewhere to go if she left him and also what she would do to support herself i.e. could she get another job quickly?

    He sounds like a bully who is trying to frighten her into staying with him. It would be easy to make her believe that he is more powerful that he really is. NZ is very aware these days of problems within its families, so this lady needs to think carefully about what she wants to do and how she wants to do it and that might include seeking help from another party, maybe a women's refuge or even the INZ. In the latter case, she would certainly need to contact them if she doesn't have residency and wants to find out what she can do to stay in NZ.

    The most important thing now is to discover which type of visa she has in her passport. If she has blue residency stickers in there, he can't have her deported, as he puts it, unless he pulls up some very nasty story about her character and tries to make trouble for her but, in the end, it would be INZ who would make the decision, not him.
    Mother Bear

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    Kiwij is offline Junior Member
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    From her:

    no, i do not have the residency sticker yet..i knw that for sure..me and him are still on work visa and work permits...it expires on nov 29..yes..this month itself..so the passports are now at the immigration getting renewed for work permits and work visa again. The problem is that..my work permit is linked to his...so if his visa expires, mine does too..if he gets the residency, i get it too..and if he decides to leave the country..then i have to too..dont knw if u understand wht i mean..(exactly wht motherbear wrote at the bottom)..my status is wht it is..only because of him..hes the primary applicant in everything..even if i want to..i cnt be, coz my status does nt allow me to do so..i hv an philli passport..technically i shud nt be inthis country unless and untill i had a job offer..i came here riding on sam's back..so tht does not really give me any leverage..


    What do u think?

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    This doesn't sound too good. As I feared, if she's linked to him through his WP, he has control of her stay in NZ.

    Is there any chance that this lady has any skills that NZ may find useful and could apply for her own WP? She has had 3+ years NZ work experience which will be useful, but it depends in what area. If she wanted to look for another job away from him, she would have to change the conditions of her WP to fit in with the new company, but whether he would be allowed a say in this, I wouldn't like to say.

    It might be better for her to contact INZ to ask what her position would be if she could find another job, perhaps stating that she is having a big problem with her current employer who is also her husband. If she could change her WP over to a new company that would be a start, but I don't think it would be straightforward because he is the principal applicant. She really should seek professional help, as the situation is quite complicated. Whatever happens with her visa, the fact remains that she is married to him and she obviously has issues with that which need resolving.
    Mother Bear

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    Hi there,

    I think it is worthwhile to make a trip to the local CAB (Citizens Advice Bureau) for assistance. Non-citizens can use their service even though their name sound otherwise. Any information is confidential so you do not need to worry that someone else might know.

    Depending where you are staying, there are one in every major town or you can give them a call (free phone) 0800 367 2222

    Citizens Advice Bureau: Main Index Page

    Hope this will help...

    Pulsarblu

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    MotherBear's Avatar
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    Good idea, Alex. I didn't realise they had CAB in NZ. Thought it was just a UK thing. Let's hope she can get the help and advice she needs.
    Mother Bear

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    Kiwij is offline Junior Member
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    Is anyone out there still paying attention to this thread?
    Sorry for the long delay in posts...but I still need help

    The woman in question has been in NZ for 5 years with her husband. Although she has had work permits for this period, she has been here in a visitors visa. Because of this ,she thinks she is an illegal overstayer and doesn't think she can get residency, or if she left the country she thinks she wont be allowed to return.

    Her husband is so controlling, even though she has tried to leave him and has asked for a seperation, he wont allow her to go back to Philli.
    She has been emotionally dominated for so long she doesn't seem to think she has any self-will left at all or any ability to fix her situation herself. If her husband tells her no, she doesn't see any way to get her life back.

    I am going to see CAB next week if they're open, any other advice would be appreciated.
    I'm very worried about this woman and her situation and I know I cant help much as I dont live near her or understand the immigration rules
    Any assistance anyone can offer would be appreciated.

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    Hi Kiwij

    Your posting on this thread will bump it back up again and draw attention to it, but it is somewhat of a specialist problem, so I doubt many people can offer assistance as they won't have been in a similar position or known anyone who has. It's also very difficult because the information we're getting is rather sketchy and not firsthand.

    If this lady has been on Work Permits while in NZ she won't still be under a Visit Visa. The WP will take over from the VV, she can't be on both at the same time. Therefore, if she has held valid WPs up to date, she won't be classed as an overstayer.

    If she is not an overstayer she should be free to leave NZ and re-enter again in the future, but whether she would be allowed to stay long term or not would depend on what type of visa she could get on her return.

    Speaking with CAlB is a good move as they are on the spot and will know who to contact for information both about this lady's predicament with her husband and also her visa situation.
    Mother Bear

    Try to bloom wherever you are planted.

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