Partnership residency

Old May 27th 2012, 11:47 pm
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Default Partnership residency

Im hoping someone in the know can give me some advice. My friend has NZ residency through her Kiwi partner but still has another 18 months or so to remain in the country until she is granted permanent residency ( that is, she was granted residency but with travel conditions for 2 years).

However the relationship is breaking down and she wants to find out what happens if they split. Will she be required to go leave the country immediately? Or will she be allowed to stay the remaining 2 years? Or can she still apply for permanent residency after the 2 years, without adding his name to the forms...even though he's on her residency papers? Is the a way she can do the final stage on her own merits?

I have no idea how to advise her so any help would be most appreciated.
Thanks
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Old May 28th 2012, 12:30 am
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Default Re: Partnership residency

I would advise her to talk to NZIS ASAP. Hope everything works out for her
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Old May 28th 2012, 12:39 am
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Default Re: Partnership residency

AFAIK she need do nothing, she already has PR. She will then be in NZ for the required period and the travel restriction will be removed.

She does not need to further apply, she has already been granted PR, just with travel restrictions, if she complies with the restrictions for the 2yr period they are removed.

There is no "final stage", the test was "had the relationship been in existence for 12mths prior to application", not "is it still in existence for the 2yr travel restriction period" - indeed were they to apply that level of test it would far exceed the original relationship period of 12mths....

However as said, for her piece of mind she should validate this by talking to NZIS, it cannot, AFAIK be held against her. NZIS will accept there is always a risk of relationships breaking down post-PR grant.
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Old May 28th 2012, 12:47 am
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Default Re: Partnership residency

Thanks for your advice, but she doesn't have full PR yet.....thats the problem. She has residency....you have to be in NZ for 2 years though before you can apply for full PR. After the 2 years, you have to fill in another form, pay $160 and then they grant you full PR...and I think that's what's concerning her.
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Old May 28th 2012, 1:57 am
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Default Re: Partnership residency

I think that is the "old" scheme with RRV's etc in which case yes, but you said she had travel restrictions which implies the "new" scheme, and I think that means full PR is given at the start, just with travel restrictions.

If she has a 2yr RRV then yes she has to reapply, she should consult NZIS as to whether there is a further partnership test at that time, I can't find any reference to one.

Even if there is I think she is entitled to stay pending that test being applied, in 18mths a lot can happen (reconciliation, new 12mth+ partnership etc etc).
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Old May 28th 2012, 9:14 am
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Default Re: Partnership residency

The old scheme with RRVs and the new scheme with travel conditions are pretty much exactly the same- terminology change only.

The way it works is this: your friend has NZ residency, once the travel conditions expire then you are still a resident and life goes on the same until you want to leave NZ and then take up residency on your return.
The residency part of the visa does not expire so your friend is not going to be deported!
Without valid travel conditions or PR [the new equivalent to the old IRRV] you cannot return as a resident. To gain PR you must have activated your residency >2y previously and fulfill one or more of the conditions-the usual is to have lived in NZ for >183 days in each of the two preceding years. This means that you can come and go as you please- leave for any length of time [as long as the rules don't change] and then return as a resident.

All I could find is this:
RV1.20.1 Non-principal applicants who are partners
a. 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:
i the partner and the principal applicant become divorced or separated; or
ii the partner is granted a non-molestation order against the principal applicant; or
iii the principal applicant is convicted of an offence against the partner or a dependent child;
iv the principal applicant dies; or
v the principal applicant has obtained New Zealand citizenship.
b. 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 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
This seems to relate to the skilled migrant category but since there is no separate section for partnership then I assume the same applies. Check with NZIS to be certain.
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