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Resident Visa conditions of partner (secondary applicant)

Resident Visa conditions of partner (secondary applicant)

Old Jun 24th 2014, 9:50 am
  #1  
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Question Resident Visa conditions of partner (secondary applicant)

Hi,

I was wondering if the secondary applicant (Partner) would need to meet the same requirements of the main applicant (myself), when applying for NZ PR?

We both have been approved with NZ Resident Visa recently under SMC (as posted on here before), and as I know that in order to apply for PR the holder of the visa should stay in NZ for 184 days or more in each portion of the 12 months of the total of 24 months.

Would my wife (secondary applicant) need also to stay in NZ for 184 days or more in each portion of 12 months of the two years so she becomes eligible for the PR as well? Or this requirement only applies to the main applicant?
In other words, does she need to travel with me at the same time and live there together for the same required period ?

Thanks for your comments in advance
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Old Jun 24th 2014, 7:10 pm
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Default Re: Resident Visa conditions of partner (secondary applicant)

yes all applicants have to meet the criteria for the visa
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Old Jun 25th 2014, 3:00 pm
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Default Re: Resident Visa conditions of partner (secondary applicant)

You mean a Permanent Resident Visa [PRV] rather than PR. You have permanent residency with your resident visa in that you have the right to live and work in NZ indefinitely. It doesn't matter if your travel conditions expire as long as you do not leave NZ - your residency is still valid.

It appears that only the principal candidate needs to fulfil the conditions for a PRV. These are:
*have held your resident visa for at least two years [this requires your first travel conditions to expire!], and
*have met any conditions of your resident visa, and
*have shown a commitment to New Zealand in one of the five ways that meet our requirements. One of these is the requirement to spend >184 days in each of the two years preceding your application, there are 4 other possibles.

From section RV1.20of the Operations Manual
The only requirement for the grant of a permanent resident visa to a non-principal applicant is that the principal applicant must hold a permanent resident visa, unless:
i the non-principal applicant is excluded by the provisions of RV2.1; or
ii the provisions requiring a secondary applicant to be assessed independently of the principal applicant apply (RV1.20.1 to RV1.20.20); or
iii the non-principal applicant has never been in New Zealand as a resident (as required by RV1.5(d)).
ii refers to divorce, separation, death, offences committed by the principal candidate etc

P
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Old Jun 29th 2014, 10:09 am
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Default Re: Resident Visa conditions of partner (secondary applicant)

Yes. She doesn't have to be attached to your side but she needs to meet the citizens just the same as you. My oH came as a partner, arrived two months after me, so his 2 year conditions started when HE arrived.
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Old Jun 30th 2014, 5:31 pm
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Default Re: Resident Visa conditions of partner (secondary applicant)

Originally Posted by M_and_M View Post
Yes. She doesn't have to be attached to your side but she needs to meet the citizens just the same as you. My oH came as a partner, arrived two months after me, so his 2 year conditions started when HE arrived.
But that's not what the NZIS website and the operations manual state They say that a non principal candidate's eligibility for a PRV is determined by the principal candidate's eligibility.
There are some exceptions to the general rule that a
non-principal applicant’s eligibility relies on the principal
applicant. In these cases, non-principal applicants can be
assessed in their own right. These exceptions are:

• the principal applicant has died
• the principal applicant and the non-principal applicant
partner have separated or divorced
• the principal applicant has become a New Zealand citizen
• the original residence application was approved before
30 October 1995
The only requirement for the grant of a permanent resident visa to a non-principal applicant is that the principal applicant must hold a permanent resident visa
from my post above, must hold or be eligible for

A partner's travel conditions may expire later but that doesn't mean they are not eligible for a PRV until then. If the principal candidate is eligible then the non principal candidate [assuming they have been resident in NZ at some point] is as well. It's the principal candidate that must have held a resident visa for at least two years. That's how it reads to me.

If you were the principal applicant of the original residence application, you can obtain a permanent resident visa if you:
-have held your resident visa for at least two years, and it has been at least two years since your first day as a resident in New Zealand, and
-have met any conditions of your resident visa, and
-have shown a commitment to New Zealand in one of the five ways that meet our requirements.
I presume the non-principal candidate's travel conditions become relevant if they apply for a PRV under their own steam such as in cases of separation or death of the principal candidate for example

I can't find anywhere that states that the non-principal candidate must fulfil all the requirements that the principal candidate must in order to be issued a PRV.
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Old Jul 1st 2014, 7:05 pm
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Default Re: Resident Visa conditions of partner (secondary applicant)

I can't find anywhere that states that the non-principal candidate must fulfil all the requirements that the principal candidate must in order to be issued a PRV.
P[/QUOTE]

That's why I've raised this question here
My Partner has initially claimed 20 points as part of the overall claim in our application to residence. She is now granted the RV, so would this make any difference? and therefore she has to meet the same requirements of principle applicant? The reason I am asking this, because she might need to stay here for some more time before she joins me in NZ, due to relocation and finance matters.
I believe I would need to ask the NZIS about that, and will let you know their response for sure.

Thanks all for your comments
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Old Jul 2nd 2014, 5:10 pm
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Default Re: Resident Visa conditions of partner (secondary applicant)

Since it will affect you then best to get confirmation from NZIS

If they do say that she needs to fulfil all the requirements then I'd ask about section RV1.20 of the Operations Manual which states that: The only requirement for the grant of a permanent resident visa to a non-principal applicant is that the principal applicant must hold a permanent resident visa, unless......

as that section contradicts what they are saying! When it says 'must hold' it means hold or be eligible for.

Let us know how you get on
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Old Jul 8th 2014, 7:49 am
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Default Re: Resident Visa conditions of partner (secondary applicant)

Originally Posted by Persephone View Post
Since it will affect you then best to get confirmation from NZIS

If they do say that she needs to fulfil all the requirements then I'd ask about section RV1.20 of the Operations Manual which states that: The only requirement for the grant of a permanent resident visa to a non-principal applicant is that the principal applicant must hold a permanent resident visa, unless......

as that section contradicts what they are saying! When it says 'must hold' it means hold or be eligible for.

Let us know how you get on
Hi Persephone,

I've contacted the NZIS via the immigration website through email. I've emailed them the same question , and I got this response "copied from the email I received from them":

Dear xxxxxxxx

Thank you for contacting us.

When applying for a Permanent Resident Visa (PRV), Immigration New Zealand will only make sure that the Principal Applicant has met the requirements outlined on the following page:

<http://www.immigration.govt.nz/migrant/stream/alreadyinnz/residents/nextsteps/prvrequirements.htm>

As long as the Secondary Applicant has entered New Zealand to activate their Resident Visa they may be included on the PRV application regardless of how long they have spent in New Zealand.

Please contact us if you require further assistance.

Kind regards


What you have mentioned was right The secondary applicant does not have to fulfill the requirements of the principle applicant, and secondary applicant remains eligible for PRV as long as the principle applicant has met the requirements.

But I forgot to ask one point here, what about the travel conditions for Partner's RV in this case, I think there should be no travel conditions, am right?
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Old Jul 9th 2014, 5:34 pm
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Default Re: Resident Visa conditions of partner (secondary applicant)

Good to have that clarified, the operations manual is fairly clear but you need to be certain

The partner's RV will have travel conditions [as will any children's RVs] as these are needed to return to NZ as a resident.
When the principal candidate applies for their PRV then the secondary applicants should do the same.

I presume the secondary applicant's travel conditions become relevant in those cases where they apply separate to the principal candidate eg death, divorce, separation, domestic abuse, criminal activity etc
I assume they then have to fulfil the principal candidate's criteria
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Old Jul 10th 2014, 4:45 am
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Default Re: Resident Visa conditions of partner (secondary applicant)

Originally Posted by Persephone View Post
Good to have that clarified, the operations manual is fairly clear but you need to be certain

The partner's RV will have travel conditions [as will any children's RVs] as these are needed to return to NZ as a resident.
When the principal candidate applies for their PRV then the secondary applicants should do the same.

I presume the secondary applicant's travel conditions become relevant in those cases where they apply separate to the principal candidate eg death, divorce, separation, domestic abuse, criminal activity etc
I assume they then have to fulfil the principal candidate's criteria
Thank you Persephone for your support all the time
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