Relationship Rules
Jul 18th 2013, 11:52 am
#1
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Joined: Oct 2007
Posts: 42
Relationship Rules
Hi Guy's,
My partner has her job offer and start date but we are having to wait until we have documentation proof for our visa that we have been together for at least a year. We have been together for a few years now but only got a joint account last year which is what we are waiting for to proof a year together even though we have lived together for well over a year we had our own homes and didn't change our mailing for convenience. Any one else had this problem or got a solution as an alternative to get round this.
My partner has her job offer and start date but we are having to wait until we have documentation proof for our visa that we have been together for at least a year. We have been together for a few years now but only got a joint account last year which is what we are waiting for to proof a year together even though we have lived together for well over a year we had our own homes and didn't change our mailing for convenience. Any one else had this problem or got a solution as an alternative to get round this.
Jul 18th 2013, 12:19 pm
#2
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Joined: Feb 2013
Location: Christchurch, New Zealand
Posts: 30
Re: Relationship Rules
Hi Mart,
Unfortunatly i can't help you (although i am sure somebody else will be able to). I was just curious as to what evidence NZ Immigration have asked for? My fiancee and i are coming to NZ on a WHV on September 10th for at least 12 months with a view to extending it to two year. that said my fiancee is a qualified staff nurse and if we like it then it is likely that we apply for residency under the skilled migrant catagory. we have been living together for over 12 months in a house rented to us by my fiancee's parents. like you i have not changed much of my mail due to convience. although i cant help i am very intrested to see how you resolve this problem. particuarly as it is likely to be a problem my fiancee and i also encounter.
Unfortunatly i can't help you (although i am sure somebody else will be able to). I was just curious as to what evidence NZ Immigration have asked for? My fiancee and i are coming to NZ on a WHV on September 10th for at least 12 months with a view to extending it to two year. that said my fiancee is a qualified staff nurse and if we like it then it is likely that we apply for residency under the skilled migrant catagory. we have been living together for over 12 months in a house rented to us by my fiancee's parents. like you i have not changed much of my mail due to convience. although i cant help i am very intrested to see how you resolve this problem. particuarly as it is likely to be a problem my fiancee and i also encounter.
Jul 18th 2013, 7:31 pm
#3
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Posts: 2,077
Re: Relationship Rules
Neil and I did not have a shared house or anything, but were able to find all sorts of other evidence that the relationship was real. That's what they're concerned about - so photos, proof of holidays, anything you do together is fine (we even submitted evidence we had adopted a dog!) Your joint account will be very helpful. Don't worry, they understand different living arrangements.
Jan
Jan
Jul 18th 2013, 7:59 pm
#4
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Re: Relationship Rules
A joint account will help, did you change your postal addresses at the same time as that would give you extra proof. As Jan said, there are ways to prove it.
Is your partner's employer willing to wait long enough? If not then you may need to look at a different visa so she can get started. You can still apply for residency at the same time. If you're applying for residency under the SMC then that can sometimes take a while to come through...
Have a look at this thread, it's about a Partnership residency visa but the quoted sections form the Operations Manual on relationship proof is the same whatever visa you're applying for.
http://britishexpats.com/forum/showthread.php?t=802667
There is also this if for any reason you cannot provide enough proof:
Is your partner's employer willing to wait long enough? If not then you may need to look at a different visa so she can get started. You can still apply for residency at the same time. If you're applying for residency under the SMC then that can sometimes take a while to come through...
Have a look at this thread, it's about a Partnership residency visa but the quoted sections form the Operations Manual on relationship proof is the same whatever visa you're applying for.
http://britishexpats.com/forum/showthread.php?t=802667
There is also this if for any reason you cannot provide enough proof:
R2.1.15.5 What happens if the partnership is considered to be genuine and stable but is less than the 12 months required?
a. If an immigration officer is satisfied the principal applicant and partner included in the application are living together in a partnership that is genuine and stable, but the duration of that partnership is less than the 12 months required, then:
i in any case where the grant of a residence class visa to a principal applicant is reliant on the relationship with or attributes of their partner the application must be declined under residence instructions; or
ii in any case where the grant of a residence class visa to a principal applicant is not reliant on the relationship with or attributes of their partner the immigration officer may proceed with processing the principal applicant for the residence class visa but defer the final decision on the partner to enable the qualifying period to be met.
b. If a partner's application for a residence class visa has been deferred as described in (a)(ii) above they may be granted a work visa (once an application has been made) for a period sufficient to enable the qualifying period to be met and any further assessment of their residence class visa application to be completed (see WF2.20).
a. If an immigration officer is satisfied the principal applicant and partner included in the application are living together in a partnership that is genuine and stable, but the duration of that partnership is less than the 12 months required, then:
i in any case where the grant of a residence class visa to a principal applicant is reliant on the relationship with or attributes of their partner the application must be declined under residence instructions; or
ii in any case where the grant of a residence class visa to a principal applicant is not reliant on the relationship with or attributes of their partner the immigration officer may proceed with processing the principal applicant for the residence class visa but defer the final decision on the partner to enable the qualifying period to be met.
b. If a partner's application for a residence class visa has been deferred as described in (a)(ii) above they may be granted a work visa (once an application has been made) for a period sufficient to enable the qualifying period to be met and any further assessment of their residence class visa application to be completed (see WF2.20).
Jul 18th 2013, 8:08 pm
#5
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Re: Relationship Rules
A ton of other stuff, family photos etc not just official documents. Find and include anything and everything that you can that shows you both together! I have been married ten years and that still wasnt enough so. Included all sorts of stuff incl holiday snaps!
Jul 18th 2013, 9:21 pm
#6
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Posts: 42
Re: Relationship Rules
Thanks for all your replies, we did on application send photo's letters from family engagement cards, correspondence with the same address and bank statements but they have insisted we have to prove by address and date a full twelve months even though we have been together a lot longer. My partner is a nurse and is supposed to start on the 1st August the employer has given us a few weeks grace but not for ever. our twelve months is up on the 29th July but they will not budge from this date, these are the rules, but until we have confirmation of the visa we cannot book our flights.
Thanks again for all your responses,
regards
Martin
Thanks again for all your responses,
regards
Martin
Jul 19th 2013, 5:25 pm
#7
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Joined: Dec 2007
Location: In NZ!
Posts: 4,785
Re: Relationship Rules
I hadn't realised you'd already applied. Does the deferral period - see the quote in the box in my last post - not apply?
Presumably she's the principal candidate. Unless the application has included points for your qualification and if you take these off it falls to under 100 pts then it seems to fit your situation
Presumably she's the principal candidate. Unless the application has included points for your qualification and if you take these off it falls to under 100 pts then it seems to fit your situation
Aug 15th 2013, 1:27 pm
#8
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Joined: Feb 2013
Location: Christchurch, New Zealand
Posts: 30
Re: Relationship Rules
Hi Mart,
I just thought i would drop you a message to ask if you got your Visa sorted for you and your partner? You may remember a while ago in this thread that i anticipated a similar problem.
Craig
I just thought i would drop you a message to ask if you got your Visa sorted for you and your partner? You may remember a while ago in this thread that i anticipated a similar problem.
Craig
