can partner stay if i marry her?

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Old Jan 5th 2010, 8:46 am
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Default can partner stay if i marry her?

Hi people, my partner is here in nz on a visitors visa, she from croatia, we are engaged, her permit expires in 3 weeks, if i marry her can she stay here?

thanks

hew
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Old Jan 5th 2010, 9:33 am
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Default Re: can partner stay if i marry her?

Are you a NZ Citizen or are you here on a visa or residency? I don't know the answer, but I guess that might make a difference.

And welcome!
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Old Jan 6th 2010, 2:42 am
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Default Re: can partner stay if i marry her?

yes i am a kiwi
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Old Jan 6th 2010, 5:31 am
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Default Re: can partner stay if i marry her?

Hi,

I think techincally the answer is yes, she can but it's not quite that simple.

She would still have to apply for a work permit under the family category. She will need a medical and you would have to supply proof of your relationship ie, bank statements etc and your marriage certificate.

It can take about 60 days for this visa to be granted. There may be a financee visa she can get in the meantime though

Hope this helps.
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Old Jan 7th 2010, 4:50 am
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Default Re: can partner stay if i marry her?

Well, I married a Kiwi - been together for 22 years () and have 4 kids together.

I applied for PR from the UK under an application of my husband sponsoring me. As per this info from NZIS.

I had to have medicals and a police check and it still took 4 months to be assigned a Case Officer. I believe it can be quicker to apply here in NZ, but I doubt quite quick enough for your circumstances.

I would enquire of NZIS what the best and quickest way to apply is.

There are all sorts of rules about showing proof of the relationship (minimum 12 months I believe) and explaining anytime living apart.

But I hope this helps.

The real question is will I need to wear a new hat or will jandals and bikini suffice?
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Old Jan 7th 2010, 6:07 am
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Default Re: can partner stay if i marry her?

Hiya,

It won't make a difference whether you're married or not, NZ Immigration are more interested in proving you're a genuine couple, have been in a stable relationship and can prove you've been living in the same household for 12 months or more

My Kiwi OH sponsored me for PR in 2005, we weren't married then and still not married now () but had been living together at the time for just over 2 years. Am Loolah's link is an excellent start to researching what your options would be.

Good luck

Jen

Originally Posted by hew123
Hi people, my partner is here in nz on a visitors visa, she from croatia, we are engaged, her permit expires in 3 weeks, if i marry her can she stay here?

thanks

hew
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Old Jan 7th 2010, 7:26 am
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Default Re: can partner stay if i marry her?

Just bear in mind that PR takes 9-12 months to obtain (if you apply from within NZ) while the work permit via the family category takes no longer than 60 days (sometimes 5 days if they're not busy and there's nothing wrong with your application).
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Old Jan 9th 2010, 4:16 am
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Default Re: can partner stay if i marry her?

thanks everyone for your response
, if she does not get her extended visitors permit in the next week, we will go get married, then i guess they cant kick her out?

I have rung immigration a few times, they give me different answers, but they did tell me she must leave before the permit expires, but beacause i will marry her, im hoping they have a different point of view!!
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Old Jan 9th 2010, 8:45 pm
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Default Re: can partner stay if i marry her?

Originally Posted by hew123
thanks everyone for your response
, if she does not get her extended visitors permit in the next week, we will go get married, then i guess they cant kick her out?
Trust me, if they think it's a marriage of convenience NZIS can and will kick her out *hug*

I hope she gets the extended permit - the more time you live together the better, when it comes to immigration! Hubby (Kiwi) and I (Brit) followed each other halfway round the world on working holiday visas, partly to be sure we were good together in the long-term and partly because for a fair while we didn't think we had enough proof of a genuine and stable relationship.

If the permit is denied, here's an alternative that may or may not work depending on your age. Croatia is likely to join the EU soon, which would allow your girlfriend to move to the UK and you may be eligible for the YMS (used to be working holiday visa) or maybe an ancestry visa.
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Old Jan 10th 2010, 8:28 am
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Default Re: can partner stay if i marry her?

I agee.

Also, if your partner (or wife if you get married) is in NZ past the date of her visitor's visa expiring she will be removed regardless of if you are married. (INZ will issue a removal order after 42 days of overstaying). The other way to prevent her becoming an overstayer is to ensure that she has a valid visa before her current one expires.
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