Immigration Advice-Please Help

Old Feb 12th 2014, 6:43 am
  #1  
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Default NZ Immigration Advice-Please Help

Hi, I was just wondering if anyone has any advice on my situation. I have a new Zealand residents visa, this was obtained when my then partner sponsored me. We have since split up and I would like to apply for a permanent visa as my travel conditions are about to expire on my current visa. I am terrified that if I go to immigration and tell them we split up I will lose my visa, I have a child who was born here and I am scared to death of having to leave him behind if they make me go. I arrived in New Zealand from the UK nearly 6 years ago.Any help anyone has would be great

Last edited by elmollie; Feb 12th 2014 at 6:56 am.
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Old Feb 12th 2014, 10:30 am
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Default Re: Immigration Advice-Please Help

Try not to worry (though I understand why you are!)

Firstly, your resident visa does NOT expire when your travel conditions do. It will only expire if you leave NZ and do not have valid travel conditions or a PRV. So, there is no major rush unless you're planning on travelling abroad. They cannot deport you as you have a valid resident visa!
This is where the old system of separate resident permits and RRVs seemed to be more intuitive-it separated out the different factors involved in being resident.

this is from the operations manual:
RV1.20.1 Non-principal applicants who are partners
The partner of the principal applicant is eligible to be considered in their own right for variation of travel conditions or a new residence class visa if the following events occur:

the partner and the principal applicant become divorced or separated; or
the partner is granted a non-molestation or protection order against the principal applicant; or
the principal applicant is convicted of an offence against the partner or a dependent child;
the principal applicant dies; or
the principal applicant has obtained New Zealand citizenship.

Evidence of the circumstances in which the partner of a principal applicant may apply for an a variation of travel conditions or a new residence class visa in their own right may include but is not limited to original or certified copies of the following:

the final decree of divorce or a dissolution order from the principal applicant; or
a non-molestation or protection order against the principal applicant; or
evidence that the principal applicant has been convicted of an offence against the person of the partner or of a dependent child; or
evidence of separation; or
the death certificate of the principal applicant.
From this, separation does allow you to be assessed in your own right rather than being reliant on the 'principal partner'.

The rules allow you to separate, you've been in NZ a long time and have a child who was born in NZ. My opinion is that you should be ok, however that is just from me reading the manual-I am not an expert!

All the best, let us know how things go
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Old Feb 12th 2014, 10:58 am
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Default Re: NZ Immigration Advice-Please Help

As per Persephone's post. From what you write , your are already an NZ resident so the non-restrictive resident visa will be assessed in it's own right . The separation evidence will be noted but the visa will not be dependent on the defunked partnership.

You will not be deported. You just need to apply for the further visa.
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Old Feb 12th 2014, 10:58 am
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Default Re: Immigration Advice-Please Help

Just seen your post in the welcome inn. There's obviously more to it than just the visa
My post above still stands, unfortunately I can't give any advice on the ex/child situation. Hoping you can get that visit to the UK sorted. As I said it looks like there won't be a problem with you remaining in NZ.

Just in case you haven't realised, you generally have to let your travel conditions expire before applying for a PRV (assuming you're eligible for one and that this was your first resident visa)

All the best
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