Resident Visa Granted - Couple Separate

Old Jul 10th 2012, 12:51 pm
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Unhappy Resident Visa Granted - Couple Separate

I have a NZ resident visa granted via the Skilled Migrant category.

Whilst I was the principle applicant, also listed on my resident visa application was my partner and her son, he was under 21 at the time. Unfortunately my partner and I may split prior to achieving the Permanent resident status. Her son (now 21+) and I would like to stay in NZ and she wishes to return to Europe.

Where do my step son and I stand re the Permanent Resident Process/requirements? I have done the required three months work and bought a house. Do we have to leave when the current two year resident visa expires? I think we can stay as long as we like but cannot travel overseas after the existing resident visa expires and return without starting the entire resident process again! Is my understanding correct?


Last edited by jacb; Jul 10th 2012 at 12:52 pm. Reason: Wording
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Old Jul 11th 2012, 7:34 am
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Default Re: Resident Visa Granted - Couple Separate

As you are the principal, I can't see why it should stop you completing the process through to the indefinite returning resident status, if you comply with all the usual requirements. It's not hard to achieve and only asks that you've made some commitment (bought a house) and lived here for most of the previous two years. You would have to explain any lengthy periods of absence if you've not been here in those intial two years. Your step-son would have to apply at the same time as you.

You're right though, you don't have to leave after the initial two years and effectively you can stay here forever. However if you do leave and you don't have the returning residents visa in place, you would not have the right to return. Even then, I don't think it is totally unsurmountable and at worst case can still can be sorted after your departure.

http://www.immigration.govt.nz/migra...nts/nextsteps/
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Old Jul 11th 2012, 8:50 am
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Default Re: Resident Visa Granted - Couple Separate

Thank you Bo-Jangles

Why is nothing simple? I am getting conflicting information.

Firstly there is the relatively minor matter of possible points on my original Expression of Interest gained for having a partner.

But the main item for me is the days in the country it would seem.

Perhaps I should give a little more detail.

Regarding “Requirements for a permanent resident visa” http://www.immigration.govt.nz/migra...quirements.htm . Due to personal circumstances I was going to use option “5. Established base in New Zealand”. Part of which says; “You have been in New Zealand as a resident for a total of at least 41 days in the 12-month period immediately before lodging your permanent resident visa application, and all members of your immediate family who were included in your residence application have resided in New Zealand for a total of at least 184 days in the two-year period immediately before lodging your permanent resident visa application” …………. Option 1-4 are not possible due to the nature of my work which takes me overseas and my complicated tax status.

I suppose I am asking if it is possible to remove my partner from the 184 day requirement without having to start a new application?

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Old Jul 12th 2012, 1:59 am
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Default Re: Resident Visa Granted - Couple Separate

Can I suggest that you get in touch with NZIS directly & then you'll know for certain. Best of luck
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Old Jul 12th 2012, 8:29 am
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Default Re: Resident Visa Granted - Couple Separate

Originally Posted by jacb View Post
I suppose I am asking if it is possible to remove my partner from the 184 day requirement without having to start a new application?

If the situation with your partner is amicable, perhaps you or her son could persuade her to stay long enough so that you can all get the indefinite returning visa. It would be in her interest to not totally burn her NZ bridges; she could then at least return to NZ at will in the future, especially may be an advantage further down the track if she decided she did want to be here with her son.
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