Toon_Nut

Reet, after over a year in the planning and with around 3-4 weeks left before we go our 20 year old son has now decided he wants to come with us!

WHAT A BLOODY PLONKER!!

OK, what's his chances?

He's 20 year old, no job, been out of work since last Christmas when the company he worked at closed down and he's totally dependent on us...........well, and his granda, and his aunty, and his nana, and anyone else who will feed his chops from time to time!

What's our best bet here:
Take him with us under the guise that he's coming for a holiday then apply for PR when he's there?
Submit an EOI now before we set off and leave him to deal with that? (He wasn't included in our EOI by the way)
Get him to apply for one of these http://www.immigration.govt.nz/migra...idayscheme.htm then if all goes well apply for PR?

Questions, questions, questions........................now who has the answers, answers, answers?

Thanks folks.

simonsi

Hmmm, assuming he was declared on your EOI and ITA so NZIS will know he is a family member, you don´t want any "potential overstayer" issues on his entry. Also given he is wholly dependant (not sure they would see it that way), it will be difficult for him to show self funding for any period in NZ so there may be complications there.

I´d ring NZIS and see what they suggest/are happy with, be prepared to have to set aside some funding for him (I expect you have a waiver of outward flight and funds??), and to have to get him a return ticket even if you don´t bplan to use it.

Time is tight to even get a police certificate...assuming you want him to travel at the same time you do???

Toon_Nut

Hi Si, how's life owa there mate?

His gran is gonna cash in some policy she set aside for his 21st to get him there. I'm not sure what route to take, yeh he was declared on our ITA but that's all. Will he still need to show proof of funds even if he comes to live with us?

Your probably right, I should just ring them and ask. I'm just worried they'll come and take my blue sticker back off my passport thats all!!

simonsi

Pretty good so far thanks!

Trouble is from a visa perspective he can´t just "come to live with you" and on any sort of visit, working holiday etc visa I suspect he will need to show onward ticket and/or proof of subsistence funds.

If he was declared then I really don´t think you have an issue with asking NZIS, the trick will be getting NZIS to accept him as dependant when he has been working albeit isn´t now - and I still think that would have been a potential issue had you wanted to include him in your PR application.

Working holiday would be my advice, he then gets 2yrs here, albeit can only work for 1 without applying for a proper work permit, you´ll need to cover the funds and ticket issues but that shouldn´t be insurmountable I wouoldn´t think, just need the funds showing on a bank statement at the appropriate time it is printed...

Jan n Neil

If I read this right, he wasn't declared on your EOI? Sorry but that probably makes things quite tricky as he's over 18 Working holiday visa is the way to go to get him over for up to two years, Neil's son wasn't on our EOI as he wasn't a dependent, but he's coming on a WHV soon

Jan

Toon_Nut

I've done as advised and emailed INZ this morning, hopefully they'll point us in the right direction.

When you say he wasn't on our initial EOI, well, his name was typed up on the expression report but we didn't include him in our ITA so they know he exists but that's about it I suppose?

Thanks

Toon_Nut

Just had this reply from our case office, she's been a super star through the whole thing, answered everything we've asked of them.

Looks like his best bet might just be to apply for a WHV and take it from there?

Thanks for your message.

We can no longer include your son in the residence application, as it has all been finalised. He will need to lodge his own application under the Family Category - Dependent Child - please see the policy below:





F5.1 How do dependent children qualify for residence?

Principal applicants meet dependent child policy if:
they are:
aged 17 to 24, with no child(ren) of their own, and
single, and
totally or substantially reliant on an adult (whether their parent or not) for financial support, whether they live with them or not, and
their parent(s) are lawfully and permanently in New Zealand; or
they are
aged 16 or younger, and
single, and
totally or substantially reliant on an adult (whether their parent or not) for financial support, whether they live with them or not, and
their parent(s) are lawfully and permanently in New Zealand.
Principal applicants under dependent child policy must also:
have been born to, or adopted by (see R3), their parent(s) before their parent(s) made their own application for residence, and have been declared as dependent children on their parent(s)' application for residence; or
have been born to their parent(s) after their parents made their own application for residence; or
have been adopted by (see R3) their parent(s) after their parent(s) made their own application for residence, by a New Zealand adoption order made under the Adoption Act 1955, or an overseas adoption order which, under section 17 of the Adoption Act 1955, has the same effect as a New Zealand adoption order.
Note: In the event that the principal applicant was born to, or adopted by their parent(s) before their parent(s) made their own application for residence, but that principal applicant was not declared as a dependent child on their parent(s)' application for residence, section R5.15 will apply.

When determining whether a child of 17 to 24 years of age is totally or substantially reliant on an adult (whether their parent or not) for financial support, visa and immigration officers must consider the whole application, taking into account all relevant factors including:
whether the child is in paid employment, whether this is full time or part time, and its duration;
whether the child has any other independent means of financial support;
whether the child is living with its parents or another family member, and the extent to which other support is provided;
whether the child is studying, and whether this is full time or part time.
Principal applicants under dependent child policy must meet health and character requirements policy (see A4 and A5).
Effective 30/06/2003



You will need to be resident in NZ before he can do this and it is fine if he lodges an application whilst there. The most important thing is that you can demonstrate that he is substantially reliant on you for financial support. He can apply for the NZ working holiday visa, but if he is working in NZ, we will be looking at his earnings to see whether he is considered financially dependent on you. If you have financed his trip to NZ, please retain proof of this. I would suggest that he applies for residence as soon as possible after you get to NZ. If he wants to go with you, he should apply for the NZ working holiday online and then he will be able to work casually after arrival.



Hope this helps. If you have any more questions, please get back to me.

RobDon

Our son came over with us on the WHV.

If he wants to come over on the full 23 months visa he will need a chest x-ray & medical. You do not need a return ticket and officially he should have funds available to support himself during his stay. Having said that no-one checked our son had funds to support himself. (we put money in his bank account just in case they checked)

If he comes over on the 12 month visa he will not need any medical but he will need a return ticket or proof of funds to purchase one.

The WHV can be issued within 48 hours once the relevant information is received.

banshigirl

My son came over on a 12 month WHV and he got his within 24 hours and no one checked his bank account but we put money in too!

He had/has a return ticket though and we paid a little extra to get a transferable one so that we could chnge it if he changed his mind! Although we never told him this (still havent) as we wanted him to give it a real go and not have in the back of his mind that he could go back anytime it got a bit sticky! Sneaky I know but if it had turned out bad we could change it but he is loving it!

BTW he is 24.

Toon_Nut

So it's all systems go for a WHV for him then I guess? Are there not disadvantages though as he then cannot apply for PR under the umbrella of being a dependant child if he's actually working can he?

Does one current WH visa not cancel out any proposed future application for a PR visa?

I thought I had this sussed yesterday, but I think I'm starting to confuse myself even more now!!

RobDon

We can no longer include your son in the residence application, as it has all been finalised. He will need to lodge his own application under the Family Category




As he is no longer included in your application WHV seems to be the most straightforward way for him to go with you.

pricklykina

I don't know much about this but my experience was that I went from a one year WHV to work visa to PR. My work visa was on the basis of me marrying a kiwi though.

Toon_Nut

Right, sorry to be a pain and I know I could trawl the tinterwebnet for answers but I'm lazy so I'll just ask you lot!

If he goes for a 12 month WHV and loves it can this be extended to a 24 month WHV while he's there?

simonsi

Yes if he meets the medical etc requirements, and no, AFAIK it in no way precludes any future visit/work/PR application BUT apply in good time, NZIS don´t take kindly to overstaying of any permit even if another is in process...