BIG challenges ahead! Help needed!

Old Jul 1st 2010, 1:43 pm
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Default BIG challenges ahead! Help needed!

Hi, I have read through a number of posts today and picked up a lot of good advice, so thanks! I am engaged to a NZ resident who I have known for 10 years, but only lived with for 6 months. He is here in the UK as we were trying to fulfill the 12 month partnership criteria. He has 2 kids (12 and 10) in NZ though and we're going to have to send him back in the next couple of months. It's just too hard for them all to be apart. I have 3 kids (16,15 and 12) here in the UK, one of whom has a mild form of Spina Bifida. She catheterises and takes 1 med regularly. My childrens father has had no contact with her for 3 years and limited contact with the others. He is refusing to sign permission for them to leave. All three are very eager to move. Last week, in front of the kids, he threatened that he would shoot us all rather than let us go. He's only bothered because he won't be able to control us from there. I have a harassment order in place now. I have a solicitor and should be in court in August for the first hearing.

I went to NZ house and they advised me to apply for PR. Apparently since we haven't lived together for 12 months they could consider us for 'Family Stream'.

My concern is that my daughter will fail her medical and this will delay our application for months. Can I start an application for residency before having their Dad's permission or a Leave to Remove order?

I understand that we have a mountain to climb here, and am terrified. If we don't get in I have no idea what I will do. Sorry for such a long post. If anyone has any experiences to share I would be really grateful.
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Old Jul 2nd 2010, 9:30 am
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Default Re: BIG challenges ahead! Help needed!

HI there, you certainly do have some battles to fight, I don´t have any experiences such as yours to share but here are some suggestions which you may or may not have done already.

Medical issues - you can download the forms the doctor who does the medicals must use here, perhaps print it off and use it for a discussion with her doctor - although a panel doctor has to carry out the medical he might be able to use input from her regular doctor. More info on the medical requirements and conditions that normally preclude residence here, also refer to the Appendix 10 medical conditions here.

When can you start to apply? As soon as you want, the process will no doubt come to a stop at some point while the emigration status of the children must be confirmed but I am sure you can start the process if you wanted. Perhaps a call or email to NZIS would be best, explain the circumstances and I am sure they will advise on the procedural route to take. They won´t give any medical advice beyond what is in their manual (in the links above and the rest of the ops manual which can be viewed online), they will defer to a medical assessor on medical matters.

Solicitor, obviously needed to work with you on your UK situation and getting the emigration permissions for the children etc, you may want to engage a specialist NZ immigration lawyer/agent to assist, I don´t usually recommend that route but as your case will have significant complexity it may well be worth it, look for one who can demostrate significant medical issue experience - (preferably successful!), as well as split custody/seperation type experience, many will give an initial consultation free of charge and you may want to look for an immigration lawyer (who must also be a NZ licensed immigration agent).

Under the family stream/partner policy you will need to gather evidence of the relationship, that can be quite broad but the more of it the better (it is still required for married couples), so you can also start gathering that evidence.

Hope this helps, feel free to pm if you want to talk offline....

Simon
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Old Jul 3rd 2010, 5:20 pm
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Default Re: BIG challenges ahead! Help needed!

Thanks for the advice. Time for the hard work now then! I'll keep you posted.

Carly
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Old Jul 4th 2010, 1:54 am
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Default Re: BIG challenges ahead! Help needed!

Originally Posted by carly5511 View Post
Hi, I have read through a number of posts today and picked up a lot of good advice, so thanks! I am engaged to a NZ resident who I have known for 10 years, but only lived with for 6 months. He is here in the UK as we were trying to fulfill the 12 month partnership criteria. He has 2 kids (12 and 10) in NZ though and we're going to have to send him back in the next couple of months. It's just too hard for them all to be apart. I have 3 kids (16,15 and 12) here in the UK, one of whom has a mild form of Spina Bifida. She catheterises and takes 1 med regularly. My childrens father has had no contact with her for 3 years and limited contact with the others. He is refusing to sign permission for them to leave. All three are very eager to move. Last week, in front of the kids, he threatened that he would shoot us all rather than let us go. He's only bothered because he won't be able to control us from there. I have a harassment order in place now. I have a solicitor and should be in court in August for the first hearing.

I went to NZ house and they advised me to apply for PR. Apparently since we haven't lived together for 12 months they could consider us for 'Family Stream'.

My concern is that my daughter will fail her medical and this will delay our application for months. Can I start an application for residency before having their Dad's permission or a Leave to Remove order?

I understand that we have a mountain to climb here, and am terrified. If we don't get in I have no idea what I will do. Sorry for such a long post. If anyone has any experiences to share I would be really grateful.
you have three main issues to cover by the sounds of it

1. getting permission to remove your children to NZ. If your kids' dad doesnt give permission you will need a court order. You can start that ball rolling

2. Medical - I dont know what the rules are, you will likely need a referral and it might take longer because of that. You can start on getting a medical certificate .

3. Establishing a stable and genuine relationship. Get lots of evidence of your relationship, get joint bank accounts, wills naming each other as beneficiaries, life insurance etc.. And maintain records of your relationship when he returns to NZ.

One thing at a time, good luck
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Old Jul 4th 2010, 3:09 pm
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Default Re: BIG challenges ahead! Help needed!

hey..
Seems like we nearly on the same boat.
I have a 5 year old daughter (need her fathers permission) and my partner is a kiwi, he has two children there so he cant leave NZ for longer than holidays here.

I applied for (but was rejected- as never lived together) temporary entry work visa under partnership which only takes 10 days to sort out once you have medicals police certs done and it is only a fraction of the cost of PR (135gbp).
http://www.immigration.govt.nz/migra...milystream.htm

As you are living together at the mo u will qualify (as for the temporary entry you do not have to have been living together for 12 months) but it states that if you are in a relationship for less than 12months you can only get visa for 12 months then extend it to 24. In this time you can apply for PR in NZ.

When you apply for this you it is for you and you only, the children will need to have their own seperate student visa's.
So my advise would be to go ahead with your temp visa application and when you do get the temporary entry visa, it will help you greatly in position with the courts. As they will like to see that you can actually get to NZ.

I was pointed to a thread entitled 'Step Children' which has lots of great tips on removing children from the Uk and what evidence the court will be looking for.

however i am unaware of the medical issues, and you would seriously need to ask a professional or immigration in regards to this as may be entitled to medical waiver in light of the circumstances.

Feel free to PM me
Good Luck
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