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-   Immigration, Citizenship and Visas (NZ) (https://britishexpats.com/forum/immigration-citizenship-visas-nz-108/)
-   -   bad news :( (https://britishexpats.com/forum/immigration-citizenship-visas-nz-108/bad-news-673351/)

HunnyB Jun 21st 2010 4:33 pm

bad news :(
 
bad news peeps..

Immigration phoned me to say that allthough our relationship is definately genuine it is not stable as we dont live together.. even though i had phoned them before and they told me we did not have to live together to obtain a temporary enter work visa under partnership.

so i havent a clue what to do now.. she said i could apply for my own work visa---- have no job offer and my degree doesnt actually finish until august. R a working holiday visa.. however i have a 5 year old.
the other way she said was enrolling my daughter as an international student then coming over on a guardianship visa...

so confused :confused:and disheartened :unsure: really thought it would be ok...
dont no how to look for jobs that will get me a working visa or how much international student fees would be,,, etc... ?????????? :banghead:

simonsi Jun 21st 2010 4:41 pm

Re: bad news :(
 
That is a bit chicken-and-egg isn´t it given that your partner is in NZ...perhaps up sticks in Aug,head over and immed apply there when you ARE living together, you would have 6mths on a visit as a UK passport holder, you could still enrol your 5yr old if that is what you wanted after getting her a student visa in-situ maybe???

Did they give you any idea how long living together would be a suitable answer?

Looking further at this, you might wish to have another discussion with NZIS, look here at thge bottom of the page:

"Please note: If you have been living apart from your partner for any significant period during your relationship, you must also provide evidence of the length of any periods of separation, the reasons for them, and how your relationship was maintained during these periods. "

So de facto living apart IS allowed for under the rules, you might have it argued that you haven´t lived together at all but that isn´t ruled out under the above paragraph.

Otherwise are they saying that some sort of qualifying period of living together can only take place outside NZ?

Perhaps a call to your case officer nicely asking them to explain that paragraph if it doesn´t apply to your circumstances??

HunnyB Jun 21st 2010 4:52 pm

Re: bad news :(
 
I no,,, how are we meant to prove we are living together if i cant get into the country to live with him,!!

she couldnt advise me of how long i would need to be actually living together... but mentioned 6months further in the conversation.

but even more catch 22 is that in order for the courts to grant me to go to New Zealand with my daughter i have to have a Visa in place.
4 me to get a visa "student visa" then guardianship visa, i need prof from the courts that i have their permission to take her...

my head is going round in circles, dont no wat to do..:(
where can i look up for jobs that take on internationals..??
r schools that take international students and how much fees are???

simonsi Jun 21st 2010 5:01 pm

Re: bad news :(
 
Ministry of Education website shopuld be able to help there.

Presumably the court wouldnt have a problem with a visit as NZ is non-visa for visits up to 6mths??? Perhaps use the visit time to establish cohabiting and research schools etc then (re)apply? Pain if the medicals need to be repeated but there might be a period where they wouldnt need them repeated.

(sorry, long time since I was a ward of court, I was very young and emigration never came up)...

HunnyB Jun 21st 2010 5:18 pm

Re: bad news :(
 
its my daughters fathers premission through the courts i need, as we in court at the mo as he has contact order for once a fortnight for a few hours, he doesnt really bother with her, but is still quite bitter with me, so ive applied to the courts to sort it out....:blink:
very very complicated situation... have to prove stability.....

would i be able to go on a working holiday visa and my parents bring my daughter over on a visitors visa. (as i cannot bring my daughter over on working holiday visa)
and once in New Zealand.... once i get a job apply for a work permit making my daughter eligible for domestic student status with a student permit... :confused:

any other suggestions would be great... cant think straight..:blink:

simonsi Jun 21st 2010 5:52 pm

Re: bad news :(
 

Originally Posted by HunnyB (Post 8646950)
any other suggestions would be great... cant think straight..:blink:

Seriously, perhaps an immigration lawyer can advise, you could try and find one that will initially assess for free???

Be careful with the WHV, many of the routes into NZ require you to declare dependants and possibly other family, you don't want to non-declare her as that would cause big problems down the line with a residency application, download the WHV form and have a look if it asks...

HunnyB Jun 21st 2010 9:27 pm

Re: bad news :(
 
checked WHV form it doesnt ask about family members.

Though i would prefer to gain a work visa/ permit.

I do not have a clue how to go about this on my own application, have been so focused on - under partnership.

I will have my degree finished in August 10 in Law and Economics, and most of my voluntary experience is in Community and Youth work. I dont know if this qualifies under essential skills..
how do i go about getting an employer giving me a job over a kiwi..??
especially as it is only a town im headng for...?? :confused:
and if i get a job and it not in the essential skills catergory will i still get a work permit,,??
Can i get a work permit without a job offer..??
so many questions sorry ...???

Sarah1999 Jun 22nd 2010 1:58 am

Re: bad news :(
 
INZ are so random! I know someone that got the temp work visa under partnership and they weren't living together (he was coming to join her in NZ after his visa was granted.

Hope it works out for you. You should be able to come on a visitor's visa and then apply for a temp work visa. Technically this is really allowed by it worked for my brother and his girlfriend.

HunnyB Jun 22nd 2010 11:21 am

Re: bad news :(
 
hey sarah i no wat you mean.. ive heard many times that you dont need to be actually living together to gain temp entry visa, just residence.

had the couple you talked about lived together before, how did they maintain their relationship..???

Ive shown in the last 6 months.. that not only have i travelled back to nz, we travelled around thailand and he came here. We have joint savings account and asstronomical phone bills(itemised)..
i still dont understand..

Sarah1999 Jun 22nd 2010 6:58 pm

Re: bad news :(
 
Nope they hadn't lived together before. That's so unfair for you! I think they "maintained" their relationship just through letters, phone calls... same stuff you've got.

HunnyB Jun 22nd 2010 7:31 pm

Re: bad news :(
 
its just sooo dishearting that its down to randam luck..:(

do u know how much time they had spent together before their application.:confused:

this is the man i want to spend the rest of my life with, :wub: and the things we have been through is unreal to what most couples go through in their whole entire lives.
n because i have a daughter to think of i just cant up sticks and go.

it is but a speedbump, not a wall,, so il not give up!!! :fingerscrossed:

Sarah1999 Jun 22nd 2010 8:31 pm

Re: bad news :(
 
they had been together (but in seperate countries) for a couple of years.

Too early for marriage? That would help but of course, it's never a good idea to get marriage just for the sake of a visa (ironically sometimes it feels INZ force people to take drastic measures like getting married just so they can live with their partners).

I think the best thing to do would be get a visitor's visa for you and your daughter, come to NZ, open a joint bank account together and do a few things like that, then apply. Would probably be a little more costly since you can't work until it's granted but it could be a viable option:)

HunnyB Jun 23rd 2010 10:38 am

Re: bad news :(
 
It is my intention to marry my partner, eventually, but properly; def not for a visa...!! :(
We do have joint bank/savings account already...

Thanks for all your advice, think i will head over (for the 30days i can take my daughter over witout permission) gather more info and apply for permit there, maybe as different office, might have different opinion, especially if im with him there. :rolleyes:
Return with permit, sort out courts, then return to NZ for good hopefully, :fingerscrossed:

In mean time looking for jobs that will allow me to get a work visa on my own accord if all else fails, will have as backup,,,, !!!:)

simonsi Jun 23rd 2010 12:10 pm

Re: bad news :(
 
Sounds like a plan :fingerscrossed:

Sarah1999 Jun 24th 2010 2:01 am

Re: bad news :(
 
If you need a medical and police certs, get those before you leave. Will speed up the process and also, if you have any probs with your medical, you'll be able to prepare yourself for possibly being referred to the MA (standard time for the MA to make his decision is about 6 weeks). If your medical is ok and you haven't committed any crimes, sometimes they grant the visa in a few days (happened that way for my brother's girlfriend anyway). Good luck!


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