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-   Immigration, Citizenship and Visas (NZ) (https://britishexpats.com/forum/immigration-citizenship-visas-nz-108/)
-   -   Partner of a Student Work Visa - Not living together relationship (https://britishexpats.com/forum/immigration-citizenship-visas-nz-108/partner-student-work-visa-not-living-together-relationship-910381/)

JayJJeffery Mar 13th 2018 11:06 pm

Partner of a Student Work Visa - Not living together relationship
 
Hello all,

My name is John, I'm a 26 year old Brit currently residing in Canada. My partner is Canadian and we've been together almost two years now. She's decided she wants to study in New Zealand at university and i've wanted to go back ever since my WHV expired.

https://www.immigration.govt.nz/new-...t-visa-holders

We're looking at this so i can work over there, she's studying something that will be in a long term shortage so that's not a problem, the main issue is we've not lived together.

Has anyone here got a visa through this or similar without having lived together? The reason for us not living together is down to the type of school she had to study in due to mental health issues. She had to live at the school and it was pretty far from me, if it wasn't for this she'd of moved in ages ago.

We have a lot of proof our relationship is real but this is obviously a huge factor but i'm getting so many different answers from Google. Do we have a shot given our circumstance? The head of the school would be happy to write a letter along with many others.

Thanks in advance,

John

simonsi Mar 14th 2018 12:35 am

Re: Partner of a Student Work Visa - Not living together relationship
 

Originally Posted by JayJJeffery (Post 12462078)
Hello all,

My name is John, I'm a 26 year old Brit currently residing in Canada. My partner is Canadian and we've been together almost two years now. She's decided she wants to study in New Zealand at university and i've wanted to go back ever since my WHV expired.

https://www.immigration.govt.nz/new-...t-visa-holders

We're looking at this so i can work over there, she's studying something that will be in a long term shortage so that's not a problem, the main issue is we've not lived together.

Has anyone here got a visa through this or similar without having lived together? The reason for us not living together is down to the type of school she had to study in due to mental health issues. She had to live at the school and it was pretty far from me, if it wasn't for this she'd of moved in ages ago.

We have a lot of proof our relationship is real but this is obviously a huge factor but i'm getting so many different answers from Google. Do we have a shot given our circumstance? The head of the school would be happy to write a letter along with many others.

Thanks in advance,

John

I'm confused, is your partner (a) Studying in the Mental Health area hence needs to live onsite for her studies or (b) Does she need to live onsite at a school because of her mental health issues?

If (a) then I'd have thought she could "move in" but show she was accommodated at the school for the purposes of study - perhaps the school could assist with a suitable letter to support that.

If (b) then I would think you need to clear the health issue hurdle first.

INZ does measure "being together" separately from "living together" so they would only need to waive the "currently living together when you apply" requirement due to the special circumstances.

JayJJeffery Mar 14th 2018 2:18 am

Re: Partner of a Student Work Visa - Not living together relationship
 
It's B however she's pretty good nowadays, it's an anxiety/depression thing in which she struggled in regular school. She could do it now but she's almost finished her studies and they paid a lot of money to get her there so might as well finish it.

simonsi Mar 14th 2018 2:49 am

Re: Partner of a Student Work Visa - Not living together relationship
 
Ok, be prepared for that to appear as "residential care" when they consider her Student Visa application, look in the INZ Operations Manual (so much better than random google stuff), for its relevance and applicability to her visa.

If they accept her care within her visa application then they may well accept it as a valid reason for your not living together...

BEVS Mar 14th 2018 4:09 am

Re: Partner of a Student Work Visa - Not living together relationship
 
Hi.
Is your g/f now able enough to take up uni here in NZ without some sort of support?

There are two issues here.
1 - Standard of health.
2 - Proof of ongoing relationship.

I would really get all the ducks in a row to show that her mental health is stable and that there will be no regression . You may need a qualified psychiatric report to that effect.

Relationship wise. Garner all your evidence of joint holidays. Time spent together. Photos. Have letters written from third parties to attest to your ongoing long term relationship.

JayJJeffery Mar 14th 2018 6:48 am

Re: Partner of a Student Work Visa - Not living together relationship
 
Simonsi/Bevs, thank you very much for your responses.

Simonsi: I had a look in the manual but wasn't able to find anything while searching 'residential' or 'care' is there a specific part I should be looking for?

Bevs: She's definitely at that stage according to her psychiatrist/counsellor. Since we've been together I've seen her grow into someone who can pretty much depend on her own now, previously she would have a lot of trouble in social situations.

Her Pysch thinks that's a lot to do with myself as I'm a very social person and without forcing her too, I do push her out of her 'comfort zone', her pysch is very much under the guidance that I should be with her while she studies though so she has a familiar surrounding (as well as her emotional support cat) I know, I want one too lol.

In terms of the relationship side, do you think it's worth trying for then? it seems like a lot to go through without much to go on that it is possible without having lived together. It's not some cases in which they lived together, then work kept them apart etc. We haven't officially lived together at all (apart from a few months in which I stayed with her when I first arrived in Canada at her Grandparents house). We've been kept apart due to school, otherwise we would of definitely moved in together a while ago.

Thanks again for your replies, it means a lot :)

simonsi Mar 14th 2018 8:19 pm

Re: Partner of a Student Work Visa - Not living together relationship
 

Originally Posted by JayJJeffery (Post 12462222)
Simonsi/Bevs, thank you very much for your responses.

Simonsi: I had a look in the manual but wasn't able to find anything while searching 'residential' or 'care' is there a specific part I should be looking for?

Operations Manual Section A4.15 refers, I think this is a valid link to it:

https://www.immigration.govt.nz/opsm....htm?35171.htm

Under "Acceptable standard of health (applicants for temporary entry class visas)"

A4.15.1 Assessment of whether an applicant for a temporary entry class visa is unlikely to impose significant costs or demands on New Zealand's health services
Assessment of whether an applicant for a temporary entry class visa is likely to impose significant costs or demands on New Zealand's health services will take into account whether there is a relatively high probability that the applicant will need publicly funded health services during their period of stay in New Zealand including, but not limited to:
  • hospitalisation;
  • residential care;
  • high cost pharmaceuticals;
  • high cost disability services.
Note: Residential care is long term care provided in a live-in facility such as an aged-person's facility or a facility for people with a physical, sensory, intellectual or psychiatric disability.

As your partner has been in Residential Care (by your description, you may need to check if it has a medical term different), I'd expect she will need to cover that off in the application for her student visa.

JayJJeffery Mar 14th 2018 8:27 pm

Re: Partner of a Student Work Visa - Not living together relationship
 
Ah yes, she'll definitely be ok on that. Her school was optional, it was just recommended as it would help her at the time. Thanks for the info!

simonsi Mar 14th 2018 8:46 pm

Re: Partner of a Student Work Visa - Not living together relationship
 

Originally Posted by JayJJeffery (Post 12462853)
Ah yes, she'll definitely be ok on that. Her school was optional, it was just recommended as it would help her at the time. Thanks for the info!

Ok cool - make sure you identify it as that right from the very start otherwise it will be an uphill battle straightening it out later ;-)

BEVS Mar 14th 2018 10:01 pm

Re: Partner of a Student Work Visa - Not living together relationship
 

Originally Posted by JayJJeffery (Post 12462222)
Bevs: She's definitely at that stage according to her psychiatrist/counsellor. Since we've been together I've seen her grow into someone who can pretty much depend on her own now, previously she would have a lot of trouble in social situations.

What do you mean by pretty much?


her pysch is very much under the guidance that I should be with her while she studies though so she has a familiar surrounding (as well as her emotional support cat)
Immigration will want to be assured that she is a capable, stand alone, independent person.
They will look at assorted possibilities with regard to her mental health whilst in New Zealand.
One of those would be what would happen if you are no longer present for whatever reason. You may not think that will happen but Immigration will not have that assurance. They will not grant a visa on the back of your being her sole support system.

In the psychiatric report , the psychiatrist needs to be comfortable that your g/f is now able and independent. If the truth is that she is not really and so relies on others to maintain her mental health , then a move to NZ may not be in her best interest overall.

Who "paid a lot of money' to get her into the school please?

Are you both intending to disclose her mental health issues?

Is she autistic/asperger?

simonsi Mar 14th 2018 10:07 pm

Re: Partner of a Student Work Visa - Not living together relationship
 
Oh and the ability to fund care isn't accepted as a mitigation of that risk - that is spelled out in the Ops Manual.

JayJJeffery Mar 14th 2018 11:37 pm

Re: Partner of a Student Work Visa - Not living together relationship
 
Hey Bev

Pretty much meaning she occasionally has her bad days, to be fair the words pretty much were wrong. Even on her bad days she can handle stuff, she just has to take it easier - perhaps working from home that day instead of going into class. This is something that shouldn't affect her as her classes can be recorded/streamed or notes taken.

Her psychiatrist believes it would be better for me to be there but she's under no doubt she'd be able to handle it alone too, my partner and I live about two hours apart as it is, I can still call to help when needed.

Her parents/grandparents and sometimes myself paid for the school.

No she's not autistic/asperges, it's depression/anxiety related.


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