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-   Immigration, Citizenship and Visas (NZ) (https://britishexpats.com/forum/immigration-citizenship-visas-nz-108/)
-   -   I don't want to leave him behind! (https://britishexpats.com/forum/immigration-citizenship-visas-nz-108/i-dont-want-leave-him-behind-794729/)

helenmy21 Apr 22nd 2013 12:09 am

I don't want to leave him behind!
 
Please help!
I came over to be with my partner in February. We got together last August while he was in the UK. I thought when I came over that I would be able to get a work visa easily enough from my skills as a care support worker for special needs people. I can't even apply for ANY jobs without having a work visa in the first place!!!
It is now looking doubtful that I will be able to get a job in this field before my visitor visa runs out. I have a few companies who are interested in me, but we are going to struggle to prove to immigration that I have any special skills that another Kiwi can't train to do!
I have been doing voluntary work. Am I even allowed to do volunteer work on a visitor visa?
So my partner originally got into NZ as a resident in April 2010, by being in a relationship with someone else. I have been hearing that this means that basically, there is no way I can stay here with him (and work) until April 2015?!?!?! PLEASE tell me this isn't true. A problem we will then be faced with is that we have to have been living together as a couple for at least 1 year to apply for anything. How can we do that if we can't even be in the same country???
Please help.
I really don't want to have to leave the country and leave my life behind! And I don't want to ask him to leave NZ as he is very happy here and so am I!:(

Catchafire Apr 22nd 2013 3:42 am

Re: I don't want to leave him behind!
 

Originally Posted by helenmy21 (Post 10671400)
Please help!
I came over to be with my partner in February. We got together last August while he was in the UK. I thought when I came over that I would be able to get a work visa easily enough from my skills as a care support worker for special needs people. I can't even apply for ANY jobs without having a work visa in the first place!!!
It is now looking doubtful that I will be able to get a job in this field before my visitor visa runs out. I have a few companies who are interested in me, but we are going to struggle to prove to immigration that I have any special skills that another Kiwi can't train to do!
I have been doing voluntary work. Am I even allowed to do volunteer work on a visitor visa?
So my partner originally got into NZ as a resident in April 2010, by being in a relationship with someone else. I have been hearing that this means that basically, there is no way I can stay here with him (and work) until April 2015?!?!?! PLEASE tell me this isn't true. A problem we will then be faced with is that we have to have been living together as a couple for at least 1 year to apply for anything. How can we do that if we can't even be in the same country???
Please help.
I really don't want to have to leave the country and leave my life behind! And I don't want to ask him to leave NZ as he is very happy here and so am I!:(

Hello and welcome! Sorry to hear about the stresses you have been experiencing.

If you are aged 30 or under you can apply for a WHV (Working Holiday Visa), which will allow to stay for and work for up to 23 months.

http://www.immigration.govt.nz/migra...idayscheme.htm

If you 35 or under, you can apply for a Bunac WHV

http://bunac.org/uk/work-abroad/work-new-zealand

If neither of these apply, then you need to get a job offer to get a work visa. Its not about proving you can do something that a Kiwi can or can't do. But if you have a job offer, then your employer must show that they have taken reasonable steps to advertise the position where a Kiwi would be able to apply for it. By offering a job to you, its because they have not been able to find a Kiwi to do it.

Good luck!

escapedtonz Apr 22nd 2013 9:49 am

Re: I don't want to leave him behind!
 

Originally Posted by helenmy21 (Post 10671400)
Please help!
I came over to be with my partner in February. We got together last August while he was in the UK. I thought when I came over that I would be able to get a work visa easily enough from my skills as a care support worker for special needs people. I can't even apply for ANY jobs without having a work visa in the first place!!!
It is now looking doubtful that I will be able to get a job in this field before my visitor visa runs out. I have a few companies who are interested in me, but we are going to struggle to prove to immigration that I have any special skills that another Kiwi can't train to do!
I have been doing voluntary work. Am I even allowed to do volunteer work on a visitor visa?
So my partner originally got into NZ as a resident in April 2010, by being in a relationship with someone else. I have been hearing that this means that basically, there is no way I can stay here with him (and work) until April 2015?!?!?! PLEASE tell me this isn't true. A problem we will then be faced with is that we have to have been living together as a couple for at least 1 year to apply for anything. How can we do that if we can't even be in the same country???
Please help.
I really don't want to have to leave the country and leave my life behind! And I don't want to ask him to leave NZ as he is very happy here and so am I!:(

Hi,
First of all, you are in breech of the terms of your visitor visa by undertaking work.
Immigration class all types of work as work, irrespective whether it is paid or unpaid, so volunteering is a form of work.
As a visitor you are only allowed to carry out things that a visitor would do and volunteering isn't one of them.
Stop the volunteering & don't mention this to anyone associated with Immigration as on investigation Immigration will surely cancel your visitor visa, deport you immediately and ban you from coming back for 5 years!

You could ask for an extension to your visitor status that would give you an additional 3 months stay but you need to contact Immigration directly for this - could be the extra time you need to sort out another type of visa!

Along with this I'd try for the partner temp work visa via the family stream supported by your partner. Since you haven't been together for 12 months you may only be granted a 12 month visa but that visa isn't dependent on you already having a job offer as essentially your partner would be supporting you for that 12 months.
If you secure this visa, find a job and assuming your relationship is still stable you could then apply for a further work visa or extension allowing you to stay for up to 2 years and then the stability of your relationship and the time spent in NZ leads to you applying for residency as a partner prior to this temp work visa expiring.

Don't understand the reference you make that you may not be able to stay with your partner until April 2015 - so 5 years after he had secured his residency visa.
Was he the principal applicant of his residency visa application ?
Was his ex. partner a dependant on his residency application and she also received residency ?

Cheers

Persephone Apr 22nd 2013 1:44 pm

Re: I don't want to leave him behind!
 
I am assuming that your partner gained residency by either being the non principal candidate in a residency application or by being the partner of a NZ resident or citizen from what you said above. It doesn't sound like he was the principal candidate.

Hence he cannot support a partnership residency application until 5 years have passed since he gained residency.http://www.immigration.govt.nz/migra.../nzpartner.htm

escapedtonz has mentioned the temp work visa under partnership. Unfortunately he would not be able to sponsor you for this either.

Your partner is a New Zealand citizen or resident

You must show that you are living together with your partner in a genuine and stable relationship at the time the application is made. Your partner must:
be eligible to support your application under our Partnership residence category within 12 months of your application
Family stream, temp work visa

The only way I can see you staying is if you find a job and get a visa by yourself. It seems that many employers do not understand that it is job offer first and visa second so you may need to educate them on this.

Catchafire mentioned the WHV-is this a possibility? It would give you more time. That could get you doing some temp work that may lead to something more. Often it is who you know! Your partner can support a residency application for you from April 2015 onwards and there is a 23 month WHV available...

Some volunteer work is allowed as a visitor, it depends on what and who you are working for
http://www.dol.govt.nz/immigration/k...base/item/1350

helenmy21 Apr 23rd 2013 7:53 pm

Re: I don't want to leave him behind!
 
Hi. Thanks so much for the advice.
I was supposed to start a volunteer job today so have had to ring and cancel :( The companies had to put through police checks for me before I was able to start. Are they connected to immigration? I'm panicking now that I may have totally ruined my chances of ever staying!!!
Re whv. I have already held a whv. Re a bunac whv. I have also already held this visa. I met my partner when I was over here working last time on my whv when he became my friend :)
Re his residency application was not as the principal candidate. She had the job and he came over with her in April 2010.
I was trying to get sponsorship from the companies I was going to volunteer for. I thought that if they could see how good I was at the job, they would be more inclined to help me! I guess I just keep trying ay?
Thanks for your help.
Helenmy21


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