Advice relating to NZ immigration

Old Feb 9th 2018, 6:55 pm
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Default Advice relating to NZ immigration

Hi

I am looking to immigrate to New Zealand, I am a single parent, aged 45, son of nearly 14yrs. My score on the skilled migrant EOI was 130, I am a building surveyor with just under 4 years working experience (Decorator who went back to school to learn new trade) and I have a BSc (Hons) degree. I am going through various Skype interviews at the moment, I had a job offer in 2016 but had to pass due to circumstances at that time. It's only a matter of time before I get another offer, my skills, experience and qualifications are in demand and on the immediate skills shortage list and appears to be on the long term skills shortage (Although it only says surveyor in the description, not building surveyor). I know the minimum points score for skilled migrant is 160, are there any other options available?

Any advice or pointers would be appreciated.

Thanks in advance

Neil
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Old Feb 9th 2018, 9:07 pm
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Default Re: Advice relating to NZ immigration

Originally Posted by jamesneilsmith View Post
Hi

I am looking to immigrate to New Zealand, I am a single parent, aged 45, son of nearly 14yrs. My score on the skilled migrant EOI was 130, I am a building surveyor with just under 4 years working experience (Decorator who went back to school to learn new trade) and I have a BSc (Hons) degree. I am going through various Skype interviews at the moment, I had a job offer in 2016 but had to pass due to circumstances at that time. It's only a matter of time before I get another offer, my skills, experience and qualifications are in demand and on the immediate skills shortage list and appears to be on the long term skills shortage (Although it only says surveyor in the description, not building surveyor). I know the minimum points score for skilled migrant is 160, are there any other options available?

Any advice or pointers would be appreciated.

Thanks in advance

Neil
With the current SMC points level set at 160 it almost certainly means you would need a job offer, i would attend immigration expos they are bormaly jam packed with recruiters from all walks of life, unfortunately your age is against you and the rules are always changing so if your serious about comeing over i would start Asap. The other option is a two uear work/talent visa (research which one is best for you as each have their own conditions) this alows you to gain the extra points you would need by working over here.
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Old Feb 9th 2018, 9:43 pm
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Default Re: Advice relating to NZ immigration

Work arrangements and points aside; you would also need to consider any legal issues with you bringing your son to NZ as a single parent. You haven't mentioned circumstance with his mother but likely you would need legal advice and consent to take him out of the country.

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Old Feb 9th 2018, 9:46 pm
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Default Re: Advice relating to NZ immigration

Originally Posted by inkedneonurse View Post
With the current SMC points level set at 160 it almost certainly means you would need a job offer, i would attend immigration expos they are bormaly jam packed with recruiters from all walks of life, unfortunately your age is against you and the rules are always changing so if your serious about comeing over i would start Asap. The other option is a two uear work/talent visa (research which one is best for you as each have their own conditions) this alows you to gain the extra points you would need by working over here.
Thanks for responding so quick, yeah I know my age goes against me however still plenty years left in me so hopefully not that much of an issue. I have my heart set on immigration so willing to do what I need to. I have a look at these other options and see what one looks best.
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Old Feb 9th 2018, 9:49 pm
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Default Re: Advice relating to NZ immigration

Originally Posted by Bo-Jangles View Post
Work arrangements and points aside; you would also need to consider any legal issues with you bringing your son to NZ as a single parent. Depending on circumstance with his mother you would need consent to take him out of the country.
I have full custody, and all the appropriate paperwork, and she has not made contact or seen him in nearly 2 years so I assume there will be no issue with that side of things.

Thanks for the thought though
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Old Feb 9th 2018, 10:02 pm
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Default Re: Advice relating to NZ immigration

I believe in UK law the mother still retains 'parental responsibility' and therefore still has a legal interest in his wherabouts and location, no matter what circumstances of the divorce settlement or amount of time away from the child. She therefore will still have rights with regards to your ability to remove your son from the UK. You should not infer any automatic rights of removal and really do need to check with the legal eagles on this.
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Old Feb 9th 2018, 11:03 pm
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Default Re: Advice relating to NZ immigration

Originally Posted by jamesneilsmith View Post
I have full custody, and all the appropriate paperwork, and she has not made contact or seen him in nearly 2 years so I assume there will be no issue with that side of things.

Thanks for the thought though
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I believe that to keep things in order , you will likely need written consent from the other parent . If not you will need to show reasons why this is not available or possible.

Please have a read of what the New Zealand Immigration manual has to say in this regard.

Originally Posted by NZ Immigration
F5.20 Dependent children under 16 whose parents are separated or divorced

If the parents of a child under the age of 16 are separated or divorced, the New Zealand citizen or resident parent must have the right to remove the child from the country in which rights of custody or visitation have been granted, or, if no such rights of visitation have been granted, from the country of residence.
Such children will not be granted a resident visa unless the New Zealand citizen or resident parent produces satisfactory evidence of their right to remove the child from the country in which the rights of custody or visitation have been granted or, if no such rights of visitation have been granted, from the country of residence.
Except where (d) applies, evidence of the right to remove the child from the country in which rights of custody or visitation have been granted must include original or certified copies of:
legal documents showing that the New Zealand citizen or resident parent has the sole right to determine the residence of the child, without rights of visitation by the other parent; or
a court order permitting the New Zealand citizen or resident parent to remove the child from its country of residence; or
legal documents showing that the New Zealand citizen or resident parent has custody of the child and a signed statement from the other parent, witnessed in accordance with local practice or law, agreeing to allow the child to live in New Zealand if the application is approved.
Where an immigration officer is satisfied that:
by virtue of local law, the New Zealand citizen or resident parent has the statutory right to custody of the child; and
it is not possible or required under that local law to obtain individualised legal documents to verify that custodial right, the New Zealand citizen or resident parent will be considered by INZ to have the right to remove the child from its country of residence.

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Old Feb 11th 2018, 11:33 am
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Default Re: Advice relating to NZ immigration

Originally Posted by Bo-Jangles View Post
I believe in UK law the mother still retains 'parental responsibility' and therefore still has a legal interest in his wherabouts and location, no matter what circumstances of the divorce settlement or amount of time away from the child. She therefore will still have rights with regards to your ability to remove your son from the UK. You should not infer any automatic rights of removal and really do need to check with the legal eagles on this.
Thanks, I will look into it, although when someone goes for a holiday and does not return, and the other person who is left with the child has no idea of their whereabouts then I would like to think this should just be a tick box situation, I was granted full residency, the other party was a no show for every legal step, despite the courts and lawyers taking all the correct steps to keep her involved.
I suppose I will find out once I take the leap...Thanks for the advice though, I just assumed because of the circumstances things would be fine... kind of...
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Old Feb 11th 2018, 11:36 am
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Default Re: Advice relating to NZ immigration

Originally Posted by BEVS View Post
Bo-Jangles is steering you straight & true. Thanks Bo.

I believe that to keep things in order , you will likely need written consent from the other parent . If not you will need to show reasons why this is not available or possible.

Please have a read of what the New Zealand Immigration manual has to say in this regard.
Thanks for sharing the legislative text, I will look further into things, I knew I would have to supply all the paperwork etc however will see how it all works out
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Old Feb 11th 2018, 8:12 pm
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Default Re: Advice relating to NZ immigration

I think it will be much more than just a simple matter of supplying paperwork.

Unless you have already have written consent from the mother you will find the law is pretty clear on the matter and that you cannot remove your son from his country of residence without obtaining her consent.

If you are unable to approach her or she is unlikely to give you consent freely in writing, then you will no doubt face a long drawn out process with the family court in order to obtain a relocation order to allow you to remove your son from the UK.

You will need to do a lot of homework and gather lots of evidence to support your case in order to show that living in New Zealand will be beneficial and in the best interests of your son. You would need to show them that you have been to New Zealand and be able to demonstrate that have a really good plan, other family ties or support network in place in NZ.
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Old Feb 11th 2018, 9:13 pm
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Default Re: Advice relating to NZ immigration

Originally Posted by Bo-Jangles View Post
I think it will be much more than just a simple matter of supplying paperwork.

Unless you have already have written consent from the mother you will find the law is pretty clear on the matter and that you cannot remove your son from his country of residence without obtaining her consent.

If you are unable to approach her or she is unlikely to give you consent freely in writing, then you will no doubt face a long drawn out process with the family court in order to obtain a relocation order to allow you to remove your son from the UK.

You will need to do a lot of homework and gather lots of evidence to support your case in order to show that living in New Zealand will be beneficial and in the best interests of your son. You would need to show them that you have been to New Zealand and be able to demonstrate that have a really good plan, other family ties or support network in place in NZ.
Thank you again for your comments. Grey areas and loooholes in everything, hence the reason the world is the way it is.

Cheers 😉
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Old Feb 11th 2018, 9:14 pm
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Default Re: Advice relating to NZ immigration

Originally Posted by jamesneilsmith View Post
Thanks, I will look into it, although when someone goes for a holiday and does not return, and the other person who is left with the child has no idea of their whereabouts then I would like to think this should just be a tick box situation, I was granted full residency, the other party was a no show for every legal step, despite the courts and lawyers taking all the correct steps to keep her involved.
I suppose I will find out once I take the leap...Thanks for the advice though, I just assumed because of the circumstances things would be fine... kind of...
I can quite see why you might think that but it is never a 'tick box' situation when it comes to a child.

You will be looking for a 'Right to Remove' . Please do seek advice about this.
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Old Feb 11th 2018, 9:50 pm
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Default Re: Advice relating to NZ immigration

Originally Posted by jamesneilsmith View Post
Hi

I am looking to immigrate to New Zealand, I am a single parent, aged 45, son of nearly 14yrs. My score on the skilled migrant EOI was 130, I am a building surveyor with just under 4 years working experience (Decorator who went back to school to learn new trade) and I have a BSc (Hons) degree. I am going through various Skype interviews at the moment, I had a job offer in 2016 but had to pass due to circumstances at that time. It's only a matter of time before I get another offer, my skills, experience and qualifications are in demand and on the immediate skills shortage list and appears to be on the long term skills shortage (Although it only says surveyor in the description, not building surveyor). I know the minimum points score for skilled migrant is 160, are there any other options available?

Any advice or pointers would be appreciated.

Thanks in advance

Neil
Going back to this & sans the child issue.

If you gain a job offer, then one would uplift a temporary work visa . That gets the prospective migrant here and working. It also shows the prospective employer good faith to make a timely arrival.

From there one either applies for residency under the Skilled Migrant polily which is a points based scheme.
Or
If the employer is accredited and the salary is right, one can choose to go for a Work To Residence visa.

By Building Surveyor, do you mean a Building Inspector?

Please check & search the ANZSCO listing to find that which best suits your quals , work exp and occupation.
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Old Feb 11th 2018, 11:21 pm
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Default Re: Advice relating to NZ immigration

Originally Posted by jamesneilsmith View Post
Thank you again for your comments. Grey areas and loooholes in everything, hence the reason the world is the way it is.
It is the way it is to prevent child abduction and is a reasonably black and white, in that it is a criminal offence to remove a child from country of residence for more than 28 days without consent of everyone who has a parental responsibility for the child.

Even if she's not on the scene, your son's mother still retains a parental responsibility and can only lose it if she legally gives up the responsibility by way of an adoption order

If you don't know where she is or you can't find her then you will still need to go through a court process to obtain consent to take your son out of the UK.

https://childlawadvice.org.uk/inform...ges/abduction/
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Old Feb 12th 2018, 7:00 am
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Default Re: Advice relating to NZ immigration

Originally Posted by jamesneilsmith View Post
Grey areas and loooholes in everything, hence the reason the world is the way it is.
Not really, NZ is signed up to The Hague Convention.

As said, take proper advice, don't rely on hearsay or the internet.
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