Go Back  British Expats > Living & Moving Abroad > New Zealand > Immigration, Citizenship and Visas (NZ)
Reload this Page >

Skilled Migrant Application and Partnership

Skilled Migrant Application and Partnership

Old Jan 7th 2014, 7:55 am
  #1  
Forum Regular
Thread Starter
 
Joined: Feb 2013
Location: Christchurch, New Zealand
Posts: 30
KayleighandCraigNZ13 is an unknown quantity at this point
Smile Skilled Migrant Application and Partnership

Hi all,

My fiancé and I have been in New Zealand now since the 10th September 2013. Things have gone pretty well for us so far since we arrived! We found some nice accommodation in Christchurch pretty much straight away (a rarity I know). Anyway as we enter the new year we are looking at our further visa options as we are currently here on a working holiday visa (I am 24 my fiancée 25). I have applied (and been granted) my NZ Nursing Registration after what seemed like an eternity and I am all set to start a job at Christchurch Hospital at the end of this month. My job offer comes under the Medical Nursing shortage so I am eligible to apply under this category. My only concern at the moment is my fiancé who is currently employed on a fixed term contract with Fletcher EQR. We have been together since we were both 16 (and have plenty of evidence to prove it) and this is our 9th year together. Anyway, back in the UK we were very fortunate to live together in accommodation owned by my parents meaning we paid hardly any bills. It is not until we have been looking through the visa application that it mentions that you must be able to prove that you have lived together for 12 months. We have been living in our own home in NZ since the 10th October 2013. And our current visa expires on the 12th September 2014 (although we can extend it to 23 months I can not work exceeding 12 months). I am concerned that we do not have the required evidence to prove we have lived together for 12 months. Although our situation is unique, I was wondering if anyone had came across a similar situation before regarding proof of living together and how they got around it. Thankyou all for your time and I look forward to your replies!!

Regards

Kayleigh
KayleighandCraigNZ13 is offline  
Old Jan 7th 2014, 8:09 am
  #2  
MODERATOR
 
MrsFychan's Avatar
 
Joined: Oct 2011
Location: Wellington - I miss Castles, the NHS & English school system
Posts: 8,853
MrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond reputeMrsFychan has a reputation beyond repute
Default Re: Skilled Migrant Application and Partnership

you should be been registered at your parents house so details of council tax details would have both your names on it.

192.com has the electoral roll on it so should list you and all those living in the property over 18yrs.

joint holiday bookings, photo's, invites will all prove your relationship
MrsFychan is offline  
Old Jan 7th 2014, 3:01 pm
  #3  
Queen of the Underworld
 
Persephone's Avatar
 
Joined: Dec 2007
Location: In NZ!
Posts: 4,785
Persephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond repute
Default Re: Skilled Migrant Application and Partnership

Also separate bank statements or letters addressed to each of you at the same address.

Which visa are you applying for? There isn't a medical nursing shortage category - do you mean a Work to Residence visa under the Long Term Skills Shortage List or an application for residency under the Skilled Migrant Category?

There is a definite 12mth living together requirement for partners if applying under the SMC. I think that there is an option to defer residency for the non principal candidate and they get a work visa instead to allow them to fulfil the 12mth requirement. Then change to residency. I'm not sure of the details but it's only relevant if INZ are not happy with the relationship proof you have.

Under WTR you apply for work visas and I have a feeling that you do not need to have lived together for 12mth for that. However you do not become residents for two years under this visa, obviously by that time you'll have lived together for the necessary time.

P
Persephone is offline  
Old Jan 10th 2014, 1:23 am
  #4  
Forum Regular
Thread Starter
 
Joined: Feb 2013
Location: Christchurch, New Zealand
Posts: 30
KayleighandCraigNZ13 is an unknown quantity at this point
Default Re: Skilled Migrant Application and Partnership

Hi Guys,

Thankyou very much for your replies. The situation prior to us coming to NZ is quite complicated. Without wanting to go into too much details, my fiancée lived with me for a 8-9 month period after he lost his grandfather who he lived with. My fiancée was in the final year of his degree and we were saving like mad to come over here. My fiancée did not change his details on the electoral roll and he never really received any correspondence at our address.

Persephone - Thanks for your comments. I wasn't very clear on my initial post, we are looking at applying under the skilled migrant category. My experience in the UK and my job offer from CDHB mean I qualify under medical nurse SMC. We love NZ and we want to get become residents as soon as possible rather than going down the WTR route. I don't think we will have any issues at all proving we have been in a stable relationship (as we have tons of evidence, photos, letters, cards, financial interdependency) its more just that 12 month living together requirement that is causing us some anxiety. I would like to think that what you said about INZ granting him a work visa would happen (He can legally work until the 12th September 2014 anyway (just 3 weeks short of the 12 months they require). Have you heard of that happening very often? If not, we would probably have to extend his WHV to 23 months and he would not be able to work until the visa came through (as he will already have worked for the allowed 12 months). I would like to think that INZ would compromise however I am sure you can understand the anxiety
KayleighandCraigNZ13 is offline  
Old Jan 11th 2014, 11:42 pm
  #5  
Queen of the Underworld
 
Persephone's Avatar
 
Joined: Dec 2007
Location: In NZ!
Posts: 4,785
Persephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond repute
Default Re: Skilled Migrant Application and Partnership

I understand your anxiety and also agree that getting residency sooner is the best option
I have no experience of having residency deferred but it is in the operational manual online.

It may be that you have enough relationship proof, but that depends on NZIS. I would go into detail about why you have difficulty supplying proof even though living together in the UK. Get your parents to give signed documents outlining the situation. NZIS can use discretion, it is in the manual and if you can go back much further back than 12mth then you might be ok. I don't think any of us can say for certain though.

R2.1.15.5 is the relevant section of the Operational Manual. Unfortunately, I cannot copy and paste it at the moment. It deals with deferral of residency and issue of a work visa for the non principal candidate if the relationship requirements aren't sufficient. Look under Residency here: http://http://www.immigration.govt.n...ationalmanual/
Just noticed where you're from, I'm in Co. Durham at the moment visiting my parents!

Last edited by Persephone; Jan 11th 2014 at 11:46 pm.
Persephone is offline  
Old Jan 12th 2014, 1:15 am
  #6  
Life is what YOU make it.
 
Joined: Oct 2009
Location: Christchurch
Posts: 3,312
Stormer999 has a reputation beyond reputeStormer999 has a reputation beyond reputeStormer999 has a reputation beyond reputeStormer999 has a reputation beyond reputeStormer999 has a reputation beyond reputeStormer999 has a reputation beyond reputeStormer999 has a reputation beyond reputeStormer999 has a reputation beyond reputeStormer999 has a reputation beyond reputeStormer999 has a reputation beyond reputeStormer999 has a reputation beyond repute
Default Re: Skilled Migrant Application and Partnership

My wife and myself hit the same problem when applying for visa's under PR. We have been together for 25 years and married for 15years. However all of that meant nothing when we tried to establish that we had been actually together. Jo, my wife, even has a different surname than me. All bills were paid out of her account and all utilities were in her name. The house was paid for. The name in the BT telephone book was hers and we both used internet banking with no paper statements.The end way round the problem for us was we had to get in touch with both of our banks and request paper copy bank statements that showed transactions from me to her during the last 24 months or so whilst we were both registered at the same address and photographs that tallied to holidays and stubs that tied up to dates. Luckily we had the evidence that we had holidays together in NZ.
Good Luck
Stormer999 is offline  
Old Jan 17th 2014, 10:37 am
  #7  
Just Joined
 
Joined: Jan 2014
Posts: 3
Guesty9156 is an unknown quantity at this point
Default Re: Skilled Migrant Application and Partnership

Hi,

Ive applied for my skilled migration visa but I'm 10 points short of the 140 mark. I believe a job offer would put me well over but was wondering how secure the job offer has to be as I've had a few verbal offers from small companys. What sort of evidence of a job offer would be acceptable?
Guesty9156 is offline  
Old Jan 17th 2014, 11:51 am
  #8  
Queen of the Underworld
 
Persephone's Avatar
 
Joined: Dec 2007
Location: In NZ!
Posts: 4,785
Persephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond reputePersephone has a reputation beyond repute
Default Re: Skilled Migrant Application and Partnership

130 points and NO job offer is unlikely to be selected at this point in time.

For the past year it has only been those with >140 or those with 100-140 and a job offer. There have been occasional draws where those with 135 and 15pts for work exp. in skills shortage have been drawn.

So you will need a job offer to stand a chance of taking things further.

If yoVu have a job/job offer for skilled employment, it must be:
full time (on average, at least 30 hours per week)
for a position that is paid by salary or wages or in terms of a contract for service – payment by commission and/or retainer are not acceptable
be ongoing and sustainable.
Ongoing means your job offer must be for employment with a single employer in a job:
which is clearly stated to be 'permanent', or 'indefinite', or
for a term of at least 12 months, with an option for you of further employment after that time.
If you are offered a contract and have a history of working on contracts in your occupation, then this may be accepted as ‘skilled employment’ if INZ is satisfied that the work is likely to continue.

Sustainable means INZ must be satisfied that the employer can afford to pay you the stated salary or wages.
You will need a firm offer and provide a contract as proof. Bear in mind that you have to work in that job for at least 3months for the conditions on your visa to be removed.
All the best
P

Last edited by Persephone; Jan 17th 2014 at 11:53 am.
Persephone is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us Archive Advertising Cookie Policy Privacy Statement Terms of Service

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.