Staying less than 6 months

**justz** · 16-11-2009, 08:44 AM

Hi. I must say this is a great site. Helped me a lot to understand the work visa and work permit processes better.
I have a couple of questions which I hope someone can help me with. My husband has to go back to his home country after a few weeks after coming here due to work commitments and he intends to come back after graduating a few months later. We will be legally married when he is here but we wont be able to start living together until he comes back since I am currently living at home and he would just be here for a few weeks as well.

I was wondering if this should be a hindrance in the application?

**MotherBear** · 16-11-2009, 08:56 AM

Welcome to MTNZ!

Can I just clarify your visa situation, please? Do you both hold work visas or does one of you hold a work visa but the other one is hoping to get one through the partnership route?

**justz** · 16-11-2009, 08:57 AM

I have PR, he will be here on visitors.

**MotherBear** · 16-11-2009, 09:10 AM

Everything seems to be geared towards you both living together so it might cause problems proving a stable and genuine relationship. Unfortunately, INZ doesn't regard having a marriage certificate as proof of this (because, I assume, some people have entered into a marriage of convenience simply to gain access to residency in NZ).

Is your husband's application for residency under way already? If not, perhaps it might be better to delay it until he returns to NZ to avoid any complications. If it is already in the pipeline, it might be a good idea to ask INZ how you can deal with this. Sometimes, if there is a good reason for a couple to be apart, they might look kindly on you and allow the process to continue.

This is what the Operations Manual says about partners of residents.

**justz** · 16-11-2009, 11:42 AM

We have been together for less than a year so havent applied for his residence yet.

How long a person who is granted work permit with a work visa, can stay overseas before they have to come back to NZ?

**MotherBear** · 16-11-2009, 04:34 PM

If someone has been granted a work permit, they can only stay in NZ for the length of time the WP is valid for. I think INZ is only issuing WPs for a year at the moment.

Have you looked at this?

If you have been in this relationship for less than a year, initially we can only grant you a work visa or permit for up to 12 months. Once you are here, you can apply for further work permits 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.

If your husband applied for this, at least he could be with you while you are gathering time for the 'genuine and stable relationship' requirements. I think it would be better if he applied for this after he has returned to NZ to stay because it is 'tidier'.

**justz** · 16-11-2009, 07:05 PM

Thanks. Yes I have ready almost everything available on work permits and work visas, I think I can become an Immigration Officer myself. Haha.

Nah what I meant is, how long would he be able to stay overseas if he has a work visa and work permit say valid for 12 months?

**MotherBear** · 16-11-2009, 07:21 PM

Just to clarify this work permit/work visa thing - a work visa is what someone would get if they applied from outside NZ. A work permit is what they would get if they applied from inside NZ. If they come to NZ on a work visa, it will be converted to a work permit upon entering the country.

Whether your husband could leave NZ and come back in on the same work permit would depend on whether it was a multi-entry permit. If it wasn't, I assume he would have to apply for another one when he re-entered NZ because his work permit would otherwise be cancelled on departure if it wasn't multi-entry. I can't find anything that says how long he would be able to stay out. It just says that YOU must be in NZ for the duration of his work permit, which isn't very helpful.

I guess INZ would be looking for some level of commitment from him that he really wants to settle in NZ, so I wouldn't like to say how they would regard his absence for several months. It would also have a knock-on effect on proving your genuine and stable relationship, which is why I wondered if the timing is wrong. When someone has residency, they can leave NZ for up to 2 years, but it affects their Returning Residents' Visa as they have to be in NZ for 6 months in each of the first 2 years to be able to qualify for an Indefinite RRV. I can't remember having seen anything about people on work permits leaving.