British Expats

British Expats (https://britishexpats.com/forum/)
-   Immigration, Citizenship and Visas (NZ) (https://britishexpats.com/forum/immigration-citizenship-visas-nz-108/)
-   -   Can someone please help no idea what to do (https://britishexpats.com/forum/immigration-citizenship-visas-nz-108/can-someone-please-help-no-idea-what-do-842867/)

Lisadonaldson Sep 10th 2014 5:23 pm

Can someone please help no idea what to do
 
Sorry for this long winded post but I will give you the background of my query

My sister, partner and 4 kids moved from uk to Nz 5 years ago on a working visa on the basis there employers were accredited and would eventually get residency.

The kids attended school in Nz but are now too old and have left they are unable to work.

My sister still does not have residency yet but when she applied apparently only applied for the 2 youngest kids out of 4 (don't know why she done this)

Now one of my oldest nephews has come back to uk with his Nz girlfriend for a 2 month holiday

Can someone tell me what he has to apply for to get back into Nz and how does he go about getting residency himself or be able to try get a job and work

Any help would be appreciated as I have been to a lawyer and phoned Nz immigration in London but no one can help me

Persephone Sep 10th 2014 7:53 pm

Re: Can someone please help no idea what to do
 
Hello and welcome to BE

Strange one.
If they moved out 5 years ago but haven't got residency yet, what visas are they currently on? The WTR visa only lasts 30 months in total so if they came out on that it must have expired about 2.5 years ago and INZ don't usually take that long to decide on residence from work:confused:

Or did they come out on work visas and then switch to WTR?

What was the reason for not applying for the eldest children? It will be much harder for them to get residency on their own. Plus what about the other older child still in NZ.

Does your nephew have a current unexpired visa in his passport?

Have they tried adding him to the application as presumably he was in the original WTR application? Might be worth your sister contacting INZ in NZ to see where her application is at and whether this is possible.

If he has no visa then he would have to enter NZ as a visitor which would entail him having a ticket out of NZ to even get on the plane out of the UK.
Only other thing I can think of [since he has not got a job] is whether the girlfriend is just a fling or something more serious. If they have and can prove a genuine relationship then he could try for a work visa/residency [depending on length of time living together] based on partnership. Might take longer than 2 months to sort out though. And don't even think about them getting married, INZ are interested in the relationship, marriage is not enough and could look suspicious under such circumstances!!

A lawyer and INZ could probably give more help if your sister or nephew contact them directly as they have all the facts. As you can see from my questions above there are lots of things that haven't been mentioned. The answer might be very simple or it might be very difficult...

Sorry I can't be more help
P:)

MrsFychan Sep 10th 2014 8:15 pm

Re: Can someone please help no idea what to do
 
as Persephone said knowing what visa they are all on atm will help. If they don't have valid visa's to be residing then they are illegally here and that could cause major problems for them

moving2NZ2013 Sep 10th 2014 9:33 pm

Re: Can someone please help no idea what to do
 
We are with accredited employer after 24 months you apply for residency which is to be granted before your visa expires at 30 months. So I don't understand why they can't get residency through accredited employment route. Are they still together?

For nz to grant any residency they would need to prove that they are in a genuine relationship. It took a lot for me to prove it to immigration and we have been married 5 yrs together for 8 and have two kids lol and that wasn't enough alone lol

Lisadonaldson Sep 10th 2014 9:38 pm

Re: Can someone please help no idea what to do
 
Yes it is all very strange, I don't talk to my sister and it has been left to me to try get these kids sorted out as she doesn't seem interested and the kids want to stay in Nz as there is no where for them it live in uk

They don't have residency yet they went out on a wtr visa and the partner worked for over a year with a company that hadn't renewed their accredit ion so had to move employer and same thing happened again with current employer

My sister works for Nz government

Apparently they didn't apply for 2 oldest kids was that they thought they might be coming home as they couldn't work in Nz

He has had this girlfriend for 2 years but too young to be getting married or anything like that both nephews rely on my sister to keep them

My oldest nephew will be classed as an overstayer I would think

My nephew that's in uk has nothing on passport as it is a new passport

moving2NZ2013 Sep 10th 2014 9:57 pm

Re: Can someone please help no idea what to do
 
How old are the kids?

Lisadonaldson Sep 10th 2014 10:23 pm

Re: Can someone please help no idea what to do
 
20 and 22

MrsFychan Sep 10th 2014 10:37 pm

Re: Can someone please help no idea what to do
 
so does the father have residency or a current job that allows him to apply?
as your sister is working what visa is she on?
if there application hasn't gone through yet can they just add the other two a child can be aged up to 24 as long as they have no children of their own.

Lisadonaldson Sep 10th 2014 10:45 pm

Re: Can someone please help no idea what to do
 
As far as I know he has been with current employer about 3 years and apparently just found out they are no longer accredited

He was working on wtr visa

I think there residency has been based on his employer as he is the skilled worker

MrsFychan Sep 11th 2014 1:55 am

Re: Can someone please help no idea what to do
 

Originally Posted by Lisadonaldson (Post 11400291)
As far as I know he has been with current employer about 3 years and apparently just found out they are no longer accredited

He was working on wtr visa

I think there residency has been based on his employer as he is the skilled worker

so he must of uplifted his wtr visa ? or gone another route surely or he will be working illegally ?

I think until the parents have valid visa there is not a lot the kids can do? but that is just my own personal thoughts on it


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