Need Help!!Work Permit under Family Stream

[navtejDhillon]

Hiyas
me and my partner have been together since sept 2003, i have read on the requirements and everything. we are in strong and stable relationship. well in oct 2003 i became illegal in New Zealand ,well i didnt have to but i was an emotional wreck back then visas were the last thing on my mind (silly mistakes ) anyhow the point is i became illegal. now the questions on mind are.
Are following considered to be enough evidance fo a DE FACTO relationship:

1. Photos from 2004 (they have dates imprinted on them )
2. Letters From Family and friends
3. we been blessed with a son last month :D

me and my partner came back to india sept last year so i cud apply for a visa to enter New Zealand legally
she was pregnant when we came to india. so she had to go back to new Zealand as her visa was expiring and we wanted our baby to be born in NZ.
i am not looking for PR i am just applying for a work permit so i can get the visa quicker.

do i need job offer to apply for work permit under family stream?

any help will be much appreciated

sorry for the long story :)

[MotherBear]

Hi and welcome.

Firstly I would mention that INZ does not look kindly on overstayers and people who are or have been illegally in NZ, so I would find out first if they would entertain any further visa application from you before you go to the trouble of getting everything ready.

If you read Kiaora's story you will see that she had quite a struggle with them although her overstaying was in Australia and not NZ. However INZ was very concerned that she would overstay again if they granted her another visa. In her case she and her fiance wanted to settle in NZ and have children there, but you appear to only want a temporary visa so I don't know how they would look on the fact that you don't want to put down permanent roots there.

In my opinion, I think contacting INZ directly to ask the question if you could make another application would be the best thing to start off with. They will have it on record that you were illegally in NZ.

[navtejDhillon]

Thank you very much for the reply. it is very interesting fact that you have brought up. i have read Kiaora's story and yes it enlightens me quite a bit.

the fact is that i am definately going to settle down in nz.
so looking at the facts in kiaoras story its better for me to apply for PR rather than work permit.

and would it be easier for me to get back into nz if my partner was here with me in india ?

[MotherBear]

The clue to Kiaora's success is that her fiance is a New Zealander and, because of that, she managed to get a WP without a job offer. You would need a job offer to apply for a WP but I don't understand what you mean above by 'work permit under the Family Stream'. Do you have someone already in NZ who will sponsor you? I assume your partner isn't a kiwi if she has to apply for visas.

If you are allowed to apply for another visa, it would be preferable if your partner is living with you because then you wouldn't have the problem of not having lived together for 12+ months as is required. That only applies if you have been living together for 12+ months, of course .

You can use any of these to prove your relationship.

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.

[navtejDhillon]

i am sorry for not supplying full information
yes my partner is a kiwi.
she only went back to nz to give birth to baby so our baby can have better care.
when i said her visa was about to expire i meant her visa to be in india coz you cannot extend indian tourist visa.

thanks for prompt response

[MotherBear]

OK, I understand now. If you were to apply for the same WP as Kiaora would have had, you wouldn't need a job offer. Just be prepared that you may have a problem with INZ because of your previous illegality.

With this permit your partner wouldn't necessarily have to live with you when you apply. The WP is there to give you both the opportunity to live together for the required 12 months before you apply for PR.

[navtejDhillon]

Thanks MB for your comments i have almost all documents ready right now i am doing last rechecks b4 i send everything away.

i will update this thread with progress or difficulties i face. in case some one else in similar situation needs help.

thanks again

[kiaora!!]

Just read this story and have to add that YOU HAVE TO LIVE TOGETHER AT THE TIME THE APPLICATION IS MADE !
they changed that beginning of april this year!!!!
Definately on the work permit and i m sure also on the PR
so make sure that you are actually living together when you apply for your visa

I am only on a working holiday visa, but got a job offer 2weeks after i arrived here for a permanent job so am in the process of applying for an open work permit under partnership now

I think you should know that whatever you did before, you are having a baby with a kiwi girl and are probably providing her with money, I dont think you ll have problems getting back into the country but should definately apply for PR.
you might have to do some begging and stuff, but like they said to me before: they cant make new zealanders leave the country to be with their partners .. so as strict as they might be on it you are not excluded for ever because you only got 'removed' and that s for a reason :)
GOOD LUCK!!!!!!!!!!

[navtejDhillon]

Thanks Kiaora for the heads up.
So the best option i have at this stage is to go for visitors permit coz if my partner comes back here with our 1 month old son then we go back again to nz together thats like unnecessary hassle.
But i have my doubts about visitors permit, i dont know if they will allow me back in the country on visitors permit. if they do then i can apply for wp and pr while in nz.
lets see which way the wind blows.

oh and yes BTW i was not removed from nz i left voluntarily.
thanks

[kiaora!!]

yea sounds like that would be the way to go.
not sure if u d get the visitor visa tho but it s a first step

when they get back to you to comment, you ll have to make very clear what your intensions are! that you want to stay and apply for a work permit and pr once u get there

dont worry if they might not give u the visitor visa, but they have about 5 guys at inz who specialize in pointing people in the right direction, so they might come back to u and say , sorry cant give u the visa u asked for but this is what you have to do.. etc

:)