Lauraemily

My partners family are applying to move to New Zealand. They are putting my partner down as a dependent child, but he works but only lives with his parents and pays them board. So really he isnt dependent.

How would that work?

However, I have just had our baby girl who was born 1 month ago, and since his dad does not like me, i think he has put down on his application that he does not have a child, as i hear off the new zealand immagration website that if you are aged between 17-24 and are not single and have a child you wont be accpeted. But i dont think his dad has said that he has a child?

My partner said if he gets accepted he wants me and our baby girl to move over with him, but i could only do that if he can sponser me and the baby etc, so i would have to wait till he gets a job and house etc.

Please would you give me some advice please, as it would mean alot thank you.

RobDon

I am sure someone can correct me if I am wrong, but, I am sure your partner will have to apply for residency in his own right as he will not be allowed to enter NZ on his parents application because he is not a dependant child.
Secondly, you are only allowed to sponser partner/family once you have lived in NZ for 3 full years.
Hope this helps.

BEVS

I have merged this with your previous post Lauraemily. That way people can read both posts together and can see what advice has already been given to you.

simonsi

It wouldn't.

Then why would he jump through hoops AND put his own status at risk by trying to sponsor you (although not possible for 3yrs) at which point the child would become obvious and the dates would lead to the conclusion he had misled NZIS???

As he is going abroad YOU really need some advice on how he will support the baby AND have a route to enforce that support if necessary (see your comment about him not liking you). That means the child has to become known AND acknowledged pretty quickly and that I can see unhinging his application AND probably the principle applicants as it is his declaration re family members that would be seen to be inaccurate.

I suggest you go to a Citizens Advice Bureau asap.

BEVS

Congratulations on the birth of your newborn. I hope you are coping OK with the premature arrival .

simonsi

Claire, this is the page on the NZIS website you need to look at: http://www.immigration.govt.nz/migra...hatisrequired/

It states (my italics):

What is required – dependent child
You need to meet a number of requirements to have your residence application approved under the Family Category (Dependent Child Policy).
First things first…

Your parent(s) must be lawfully and permanently in New Zealand.

You must

* be aged 16 years or younger and single
or
* be aged between 17 and 24 years, single, and have no children of your own.

And

* be born or adopted before your parents applied for residence, and have been declared on your parents’ application for residence
or
* be born after your parents applied for residence
or
* be adopted by your parents as a result of a New Zealand adoption or an overseas adoption recognised under New Zealand law.

And

* be in good health
* be of good character
* be totally or substantially dependent on an adult for financial support (whether or not that adult is your parent, and whether or not you are living with that adult)

And you must supply

* evidence of your relationship to your parents
* evidence of your parent’s residence status


You may be asked for evidence of financial dependence

If you are aged 17 to 24 years you may be asked to provide evidence that you are dependent on an adult for financial support.

I think the your childs father´s case falls short on several points as you can see. If there are any discrepancies in his parents application as a result of his undeclared child then they could be held to be unlawfully in NZ too.

I know this is repeating advice and info you have already but really, the situation hasn´t changed, IMHO the step-father´s application may be unsound depending on what has been said about your childs father, his application looks unsound on the face of it in any case. I can´t see that you would have any case at all.

Sorry that this isn´t perhaps good news for you but hopefully some professional advice will explain what options you do have.

As BEVS said, hope everything is going well with you and the little one!

Lauraemily

So either way they would find out if my partner had a child? Or how would they find out? Just i want to know, because i want to be able to tell New Zealand immagration about this but i don't know how i would be able to do that or how they would know about this. If his stepdad hasn't told them this on his application.

Oh Thanks guys, my gorgoues girl is doing fine.

Lauraemily

This is the question i asked New Zealand Immagration.

My Partners parents have applied a for a visa for my partner as depenedent child. However I'm not sure if they have told the truth on his application form as he has his own child. What would happen if he got accepted be he has his own child?


This is the answer i got, but i do not understand any of this information, this still doesn't matter. My partner is still going to be accepted anyway because New Zealand are not going to be able to find out, am i right? Sorry guys am just so stressed right now and got alot of things going on. I want to know what will happen and will he be accepted. How will New Zealand find out if his dad sent the applications off in March, they have recieved there passports back but nothing has been accepted apart from his stepdads only, that is what i have been told anyways.

Any false documents or any misleading information that client provides to immigration or does not disclose in their immigration forms can affect their application.

D8.15 Powers to revoke residence permits and returning resident's visas

Immigration Act 1987 ss 19, 20

The Immigration Act 1987 provides for a residence permit or returning resident's visa to be revoked by an immigration officer if any such permit is granted as the result of an administrative error and the error is discovered while the person is still in the arrival hall or INZ office.
An administrative error in granting a residence permit or returning resident's visa occurs if:
it is granted to a New Zealand citizen or a person who is exempt under the Immigration Act 1987 from having to hold a permit; or
it is granted to a person to whom section 7 of the Act applies; or
the person granting it intended to grant a temporary permit of some type other than the residence permit that was actually granted; or
it is granted in contravention of any special direction, or any instruction of a kind referred to in section 130(5) of the Act, or the Government residence policy applying at the relevant time; or
it is granted on the basis of an administrative error in determining an earlier application for a visa or a permit.
The Minister of Immigration may revoke a residence permit or returning resident's visa on the following grounds at any time after the holder leaves the arrival hall:
administrative error; or
the permit was procured by fraud, forgery, false or misleading representation or by concealing relevant information; or
the permit was granted to a person who had been the holder of a visa or another permit procured by fraud, forgery, false or misleading representation or by concealing relevant information; and that fraud, forgery, false or misleading representation or concealment of information would have affected the grant of residence or the issue of the returning resident's visa; or
the permit was granted to a person who was, but is no longer, recognised, as a refugee in New Zealand, that earlier recognition having been gained through fraud, forgery, false or misleading representation or concealment of relevant information; or
the holder of the permit or returning resident's visa has not met a requirement imposed under section 18A of the Immigration Act 1987 (see RA40, BI12, BE6.1).

BEVS

Well, it seems you are at least having conversation with the baby's father and his family which is a good thing.

What have you both arranged for the financial support and care of your own daughter? I don't see anything in what you write about this very important point.

What do your own parents say?

Is the father named on the baby's birth certificate? If so & you are concerned he is about to do a runner , then simply send in a letter with the fathers details & a copy of the birth certificate to New Zealand Immigration Service and state your worries about their application.


I would echo Simonsi . Get yourself to a Citizens Advice Bureau.

you can get free online legal advice from this site.

Also, if you look through your yellow pages under solicitors you will find the ones that will give you an hour of absolutely free legal advice . No cost.

Lauraemily

Yes we will discuss the financial issues when it comes to the time for him leaving to go to New Zealand.

My parents want me to stay in the U.K with the baby. However they say that my partner should stay, but his plans are different he wants to be there with me and the baby but that just wouldn't work at all.

Yes my partner is on the birth certificate and my daughter has took her dads surname. Thanks for that advice, would you please advise me on what I should say on the letter about my worries and application?

Thanks for that advice.

Persephone

Congratulations on the baby

It sounds like you need to find out more definite information from the stepdad and your partner as far as what is happening with the application.
Does that mean that they have been accepted for residence or that the application is still in the hands of NZIS? If they have been accepted then all of the family should have visas in their passports. Obviously if they have received their visas this means that your partner has been accepted as a dependent child which means that the stepdad has been less than honest on his application.

I think this is the important part of the reply from NZIS- it means that their residency can be revoked at any time if it comes to light that information was concealed. I don't know whether that would apply to the whole family or just your partner.

NZIS would find out if you attempted to enter NZ at a later date claiming that the baby was the offspring of a NZ resident. If you had the ability to apply by yourself then it may still be discovered as you would have to gain the permission of the baby's father to bring the child to NZ. Your baby's birthday and the date your partner was issued residency would then show that the dates were very similar and that she had been missed off the application; concealing relevant information, putting their PR at risk.

Even if NZIS didn't add up the dates then you would not be able to claim PR in NZ as a partner of a NZ resident- you have to have been living together for over 12m and prove it.

I really do think you need to get professional help with this as to your options. Would your partner stay in the UK with you and the baby rather than go to NZ? Not meaning to be callous but shouldn't his priority be to look after you and the baby first and if this means not going to NZ then so be it.
It seems like the path his stepdad is taking could well be fraught with problems further down the line.
You need to talk to the CAB, maybe even an immigration agent [by the way are the family using one and if so have they lied to them?], find out exactly what is happening with the visas and look after yourself and your baby You and your partner need to find out what your options are if you want to be together and this does mean getting professional help.
Good luck

BEVS

Quite. I am finding this all a wee bit sad for this brand new babe to be honest & a touch confusing.

Erm. Nope. As Simonsi has suggested, you need to be sorting this out sooner than later .

That's up to you and simply a suggestion , not a piece of advice. You are stating that you are concerned that NZIS will not know about your new babe. It seems to be sensible therefore for you to tell them if you feel the babe's father & his parents will not .

Everyone of us is saying to you to go get advice and help. We can offer you support and suggestions and guide you to where the help might be ,but can do more than that. It's tough for you , especially with a new babe but only you can make sure of this situation and do what is best for the wee lass .

Citizens Advice

A free hour legal advice with a solicitor. you'll find them in your local yellow pages.

Child Support Agency

Here is a list of UK licensed NZ immigration advisors. Phone one of them and have a conversation. It will cost you nothing.

Good Luck.

simonsi

They would only find out if someone told them.

I have sent you a private message on this site, further up this window you will see a tab called "shortcuts", click on it then on "private messages" when the menu pops up.

Lauraemily

Hi guys, got new information.

Today i phoned up New Zealand immigration to tell them my reasons. They talked to me about it and asked me to give them some details. Once i did that they told me they could not give me any information and that a officer worker is going to sort out the situation with the family.

Im quite scared now, any of you guys have any idea what will happen?

simonsi

I would expect the details to be passed to the family´s case officer, the information you have provided will be compared with statements and answers to NZIS questions made during their application process and any discrepancies noted. Depending on if/what those discrepancies are will decide what action if any NZIS will take.

I suspect NZIS will be confidential both ways so they shouldn´t just tell the family IMHO that the information came from you but you will need to be prepared for their reaction and they may well jump to the (correct) conclusion that the information came from you.

Did you seek any advice regarding getting arrangements in place get financial support for your baby?

Hope you and the baby are still well? The first weeks will be exhausting but I guess you know that already.