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Thread: Temporary Work Visa & Residency for my Fiancee

  1. #1
    eliseharvey17 is offline Junior Member
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    Question Temporary Work Visa & Residency for my Fiancee

    I'm so glad i stumbled across this forum - am confused and would love some help.

    Here's my situation in a nutshell:

    I am a Kiwi and my fiancee is Italian. He wants to move to NZ and apply for a work visa and also residency.

    We have been in a relationship since August 2008 when I was on holiday in Italy. I had to return to NZ to work at the beginning of October 2008 while he stayed in Italy to study. He came to NZ for a 3 week holiday in March 2009 and I went back to Italy for 6 weeks in July/August. He is NZ now for 3 months. He's going home to finish his exams then he's moving back permanently. (we'll be getting married mid 2011)

    We have had an assessment with an immigration consultant who told us that INZ will consider our relationship to be only 6 months long as that is the time that we were in the same country. The immigration consultant told us that when he returns in Septmeber he should come in to NZ on a vistiors visa and apply for a work permit (family partnership stream) when he is in NZ. He also said to apply for residency at the same time as the work permit so that he doesn't have to have the medical test done twice, and that the application for residency won't be even looked at for at least a year. I have read that we have to have been living together for 12 months before we apply for residency.

    I am wondering what is the best way to go about this. Should he apply for a work visa permit in Italy or once he gets to NZ? and should we apply for residency at the same time as the work visa or after we have been living togther for 12 months?

    Anyone who's been in a similar situation or has any advice?

    Thanks!

  2. #2
    MotherBear's Avatar
    MotherBear is offline The missing link
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    Hi Elise, welcome to the forum.

    If you have a look through this you'll see that there is a bit about relationships that haven't gone the whole required 12 months.

    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.


    Your fiance just needs to be in NZ when his application goes in. We've had quite a few similar situations (and here) lately on the forum which call for this particular type of visa. It sounds almost the same as the usual Partnership Policy apart from the clause about the length of the relationship. I don't know why INZ or immigration advisers don't broadcast it more unless that is what your adviser was talking about. People think that if you don't comply with the 12-month relationship rule, that is the end of the story whereas there is a way around it. See what you think.
    Mother Bear

    Try to bloom wherever you are planted.

  3. #3
    eliseharvey17 is offline Junior Member
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    Smile

    Thanks for the speedy reply motherbear!

    I've had a read through - and that all seems to make sense.

    The only thing that's puzzling us is whether to apply for the residency at the same time as we apply for the temporary work visa. This is what the immigration advisor said to do (to save money on doing another medical exam & police report) He also said they won't look at the residency application for over a year - so by then we will have been living together long enough. Is it worth the risk - what if they look at it earlier and we get rejected?

    Has anyone else ever taken this route? By reading other stories it doesn't seem so...

    thanks!

  4. #4
    New Zealand Shores is offline Junior Member
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    Hi Elise

    Just adding to mother bear...

    You are not eligible to submit a residence application now as you do not meet the requirements. When your immigration application is lodged, the lodgement officer will check to see if you are an eligible sponsor and if you are not then your application will be returned failed lodgement. If by some chance it did get through the initial lodgement stage and was assessed in 6-9 months time by a case officer he would assess you against policy at the time of lodgement, as you didnt meet policy when your application was loged it would be declined.

    You can check immigration processing times on the NZ immigration website, I think you will find that partnership applications are taking around 4-6 months in most New Zealand Branches.

    All the best


    Sarah


    Sarah Coombes
    Licensed Immigration Adviser
    IAA 200900703

  5. #5
    eliseharvey17 is offline Junior Member
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    Thanks Sarah. I didn't think it made much sense either - not worth the risk really...

    Cheers!

    Elise

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