Please Help - Residency Visa advice

Old Feb 7th 2012, 8:39 am
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Default Please Help - Residency Visa advice

I have been in NZ for nearly 4 years, i came over with my then partner. We have a child together (who was born here) i am in the process of applying for residency with my partner sponsoring me and we separated whilst my application was going through. Will i have to go home or can i apply by myself, i have a job. Also, my son is currently having treatment due to being born with a birth defect
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Old Feb 7th 2012, 9:14 am
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Default Re: Please Help - Residency Visa advice

How have you remained in NZ for 4 years?
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Old Feb 7th 2012, 9:16 am
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Default Re: Please Help - Residency Visa advice

Yes i haven't left the country since i arrived in July 08
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Old Feb 7th 2012, 9:17 am
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Default Re: Please Help - Residency Visa advice

How have you remained in NZ? With what visa?
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Old Feb 7th 2012, 9:19 am
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Default Re: Please Help - Residency Visa advice

With a working holiday visa first, this was valid for one year, that got extended when i fell pregnant as my partner couldn't sponsor me ath the time as he wasn't a resident for 5 years (he is now) i am currently on a work permit whilst my residency application goes through
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Old Feb 7th 2012, 9:22 am
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Default Re: Please Help - Residency Visa advice

However, you are no longer with your partner so he can no longer sponsor you as a partner.

What is your occupation.


edit...
I'll just add that becoming pregnant and having a child whilst on a temp work visa does not mean you can stay. Also , you need to think about your child's status in this country. Not just your own.

Last edited by BEVS; Feb 7th 2012 at 9:24 am.
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Old Feb 7th 2012, 9:23 am
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Default Re: Please Help - Residency Visa advice

i am an accounts administrator, it is a permanent position and i have been there since august 08
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Old Feb 7th 2012, 9:26 am
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Default Re: Please Help - Residency Visa advice

What are your qualifications
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Old Feb 7th 2012, 9:27 am
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Default Re: Please Help - Residency Visa advice

just high school and some college and that is it
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Old Feb 7th 2012, 9:31 am
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Default Re: Please Help - Residency Visa advice

does the fact that my child is having treatment not come into it? He was born here so does that not make him a citizen?
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Old Feb 7th 2012, 8:23 pm
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Default Re: Please Help - Residency Visa advice

Originally Posted by elmollie View Post
does the fact that my child is having treatment not come into it? He was born here so does that not make him a citizen?
No.

Being born and registered here in NZ doesn't give automatic citizenship anymore.

Originally Posted by Dept of NZ internal Affairs
From 1 January 2006, children born in New Zealand (or in the Cook Islands, Niue or Tokelau) acquire New Zealand citizenship at birth only if at least one of their parents:
  • is a New Zealand citizen; or
  • is entitled to be in New Zealand indefinitely in terms of the Immigration Act 1987(i.e. a residence permit holder or Australian citizen); or
  • is entitled to reside indefinitely in the Cook Islands, Tokelau or Niue.
A child born in New Zealand is a New Zealand citizen by birth if they would otherwise be stateless.
Originally Posted by Dept of NZ internal affairs
What immigration status is given to a newborn if neither parent is a permanent resident or citizen?
If a child is born in New Zealand and is not a New Zealand citizen by birth due to the status of their parent or parents, they are deemed to have the most favourable immigration status of either registered parent.
From what you have written your child was born before your ex-partner became an NZ resident. You should investigate his/her status with the Dept of Internal Affairs. As neither of you are NZ residents , your child would be favoured as a UK citizen as far as I can tell.

Please click the LINK HERE and contact NZ Immigration service to enquire about the status of your child.

I do hope that you were not thinking that having a child here would entitle you to remain in NZ .
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Old Feb 7th 2012, 8:42 pm
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Default Re: Please Help - Residency Visa advice

No when my son was born my ex was a resident and had been for 3 years.

And no i did not have a child thinking i could stay, i am quite happy to go home but would prefer to stay here to give my child a better life than the one he would get back in the UK
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Old Feb 7th 2012, 8:52 pm
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Default Re: Please Help - Residency Visa advice

Sorry if all this is sounding a bit harsh but you are in a difficult position from what you have written.

The temp work permit was only issued because of the ongoing partner sponsorship.

Further, may I just say that you or your ex has an obligation to inform NZ Immigration of the breakdown of the relationship.

Is there no chance of a reconciliation?

Accounts admin is not something that NZ needs. It has NZ citizens and residents who could do that work.
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Old Feb 7th 2012, 8:55 pm
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Default Re: Please Help - Residency Visa advice

Originally Posted by BEVS View Post
Sorry if all this is sounding a bit harsh but you are in a difficult position from what you have written.

The temp work permit was only issued because of the ongoing partner sponsorship.

Further, may I just say that you or your ex has an obligation to inform NZ Immigration of the breakdown of the relationship.

Is there no chance of a reconciliation?

Accounts admin is not something that NZ needs. It has NZ citizens and residents who could do that work.
No definitely no chance of reconciliation, he has moved on already with someone else. I am just scared that i will lose my son if i have to go home aswell, if my ex decides that he doesn't want him to go i have that to face aswell
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Old Feb 7th 2012, 9:00 pm
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Default Re: Please Help - Residency Visa advice

Originally Posted by elmollie View Post
No when my son was born my ex was a resident and had been for 3 years.
Ah ! That's good for the child.

And no i did not have a child thinking i could stay,
That's not what I wrote. I didn't suggest you had a baby with the view to stay here. I stated that I hoped that you didn't think that having a child here would entitle you to remain.

I am only going on what you have written.

Is your employer a large organisation by chance. Maybe a District Health Board? A company that might have 'accredited' status with NZIS.
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