Go Back  British Expats > Living & Moving Abroad > New Zealand
Reload this Page >

spouse's visa - please help

spouse's visa - please help

Thread Tools
 
Old May 8th 2009, 12:23 pm
  #1  
Just Joined
Thread Starter
 
Joined: May 2009
Posts: 2
kittiekat will become famous soon enoughkittiekat will become famous soon enough
Default spouse's visa - please help

Hi all

I am using a different ID tonight, you'll see why in a moment.

I have just found something out that has deeply upset me, and which spells trouble for my marriage. Of course I am hoping it is just a hiccup and nothing terrible will happen, but I also want to be prepared for the worst.

I have PR but I came here on the back of my husban'ds application. I am of no value to NZ immigration on my own. I am also currently totally financially dependant on him. We've only been here a few months.

If I remember right, I am obliged to tell immigration if there is a change in my circumstances.

Does this mean I would be kicked out of the country if the relationship broke up? Not that I'd definitely want to stay if it does happen, but seeing that I've got nowhere else to go, and no money, it'd be easier to stay put.

Sorry if this sounds depressing but that's exactly how I feel. And I've got no-one to talk to so that doesn't help either.

Thanks for reading and for any advice you may be able to offer
kittiekat is offline  
Old May 8th 2009, 1:03 pm
  #2  
BE Forum Addict
 
j19fmm's Avatar
 
Joined: Jan 2008
Location: Pakaraka
Posts: 3,264
j19fmm has a reputation beyond reputej19fmm has a reputation beyond reputej19fmm has a reputation beyond reputej19fmm has a reputation beyond reputej19fmm has a reputation beyond reputej19fmm has a reputation beyond reputej19fmm has a reputation beyond reputej19fmm has a reputation beyond reputej19fmm has a reputation beyond reputej19fmm has a reputation beyond reputej19fmm has a reputation beyond repute
Default Re: spouse's visa - please help

Originally Posted by kittiekat
Hi all

I am using a different ID tonight, you'll see why in a moment.

I have just found something out that has deeply upset me, and which spells trouble for my marriage. Of course I am hoping it is just a hiccup and nothing terrible will happen, but I also want to be prepared for the worst.

I have PR but I came here on the back of my husban'ds application. I am of no value to NZ immigration on my own. I am also currently totally financially dependant on him. We've only been here a few months.

If I remember right, I am obliged to tell immigration if there is a change in my circumstances.

Does this mean I would be kicked out of the country if the relationship broke up? Not that I'd definitely want to stay if it does happen, but seeing that I've got nowhere else to go, and no money, it'd be easier to stay put.

Sorry if this sounds depressing but that's exactly how I feel. And I've got no-one to talk to so that doesn't help either.

Thanks for reading and for any advice you may be able to offer
Hey kittiekat, wish I could do something to help, just wanted you to know someone's listening. I'm sure there'll be other help along when they wake up in NZ. Chin up pet.
j19fmm is offline  
Old May 8th 2009, 1:11 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: spouse's visa - please help

Hi
So sorry to hear about your marriage, it must be hard when you've only been here a short time and probably haven't settled in or made friends that you can talk to about this.

I have had a quick look on NZIS website but haven't found anything that's relevant so far.
I don't know about being the partner in a PR application as far as whether you have any special conditions attached to your visa. My assumption would be not since they do all the partnership checks before you gain PR so NZIS have accepted that you are in a genuine relationship. And you should have a residence permit the same as anyone else. I seem to remember reading that you cannot claim benefits in NZ until you have resided there for two years which may be an issue if you are not working, I am not sure about this though.
I hope someone will be along to help you a little more. Obviously it sounds like you may not need this info should you manage to sort out your problems but forewarned is forearmed. At least you will know your options in advance.

Is there anyone you can talk to at all? What about friends and family back in the UK? I know we never want to burden others with our problems especially when we are so far away, you don't want to worry people back home. After all they can't just pop round to see how you're doing anymore. But it does help to talk to someone who knows you.
Wishing you all the best, I really wish I could help you more.
Sue xx
Persephone is offline  
Old May 9th 2009, 1:12 am
  #4  
Just Joined
 
Joined: May 2009
Posts: 1
OllyDog is an unknown quantity at this point
Default Re: spouse's visa - please help

Originally Posted by kittiekat
Hi all

I am using a different ID tonight, you'll see why in a moment.

I have just found something out that has deeply upset me, and which spells trouble for my marriage. Of course I am hoping it is just a hiccup and nothing terrible will happen, but I also want to be prepared for the worst.

I have PR but I came here on the back of my husban'ds application. I am of no value to NZ immigration on my own. I am also currently totally financially dependant on him. We've only been here a few months.

If I remember right, I am obliged to tell immigration if there is a change in my circumstances.

Does this mean I would be kicked out of the country if the relationship broke up? Not that I'd definitely want to stay if it does happen, but seeing that I've got nowhere else to go, and no money, it'd be easier to stay put.

Sorry if this sounds depressing but that's exactly how I feel. And I've got no-one to talk to so that doesn't help either.

Thanks for reading and for any advice you may be able to offer
Hi
Just wanted to let you know that I'm in a similar situation to yourself. I can't comment on NZIS as I haven't informed them yet. However, I do have a job and a new partner. I can empathise with you and would encourage you to talk to family if possible.

Am interested to hear what others might say about this.
OllyDog is offline  
Old May 9th 2009, 6:27 am
  #5  
BE Enthusiast
 
Joined: Feb 2009
Posts: 345
bananalana has much to be proud ofbananalana has much to be proud ofbananalana has much to be proud ofbananalana has much to be proud ofbananalana has much to be proud ofbananalana has much to be proud ofbananalana has much to be proud ofbananalana has much to be proud ofbananalana has much to be proud ofbananalana has much to be proud ofbananalana has much to be proud of
Default Re: spouse's visa - please help

Originally Posted by kittiekat
Hi all

I am using a different ID tonight, you'll see why in a moment.

I have just found something out that has deeply upset me, and which spells trouble for my marriage. Of course I am hoping it is just a hiccup and nothing terrible will happen, but I also want to be prepared for the worst.

I have PR but I came here on the back of my husban'ds application. I am of no value to NZ immigration on my own. I am also currently totally financially dependant on him. We've only been here a few months.

If I remember right, I am obliged to tell immigration if there is a change in my circumstances.

Does this mean I would be kicked out of the country if the relationship broke up? Not that I'd definitely want to stay if it does happen, but seeing that I've got nowhere else to go, and no money, it'd be easier to stay put.

Sorry if this sounds depressing but that's exactly how I feel. And I've got no-one to talk to so that doesn't help either.

Thanks for reading and for any advice you may be able to offer
why do you have to tell imigration you have broken up? You have permanent rsidency.
I am a kiwi, and my partner was a permanent reident based on th efact we were a couple and expecting a child.

We then broke up for a while and he still retained his residency and also didnt tell immigration.

Unless it has change din the ten years since my partner become a resident of NZ, ten once you have permanent residency, its pretty hard to just "get rid of you".

FYI - my partner and I are now back together and living in Oz
bananalana is offline  
Old May 9th 2009, 7:07 am
  #6  
BE Enthusiast
 
Browner_'s Avatar
 
Joined: Mar 2008
Posts: 968
Browner_ has a reputation beyond reputeBrowner_ has a reputation beyond reputeBrowner_ has a reputation beyond reputeBrowner_ has a reputation beyond reputeBrowner_ has a reputation beyond reputeBrowner_ has a reputation beyond reputeBrowner_ has a reputation beyond reputeBrowner_ has a reputation beyond reputeBrowner_ has a reputation beyond reputeBrowner_ has a reputation beyond reputeBrowner_ has a reputation beyond repute
Default Re: spouse's visa - please help

Originally Posted by bananalana
why do you have to tell imigration you have broken up? You have permanent rsidency.

I beleive that "Permanent Residency" actually means you get a Returning Residents Visa which expires after a certain time ( 2 or 3 years). So if you left NZ and tried to get back into NZ after it had expired you would have no luck.

So you have to renew the RR visa when it expires, which means re-stating your personal circumstances. Who knows how they would view a couple who had split up, I have no idea, I would guess they would treat each case individually.

On the other hand, if you have Permanent Residency and never leave NZ ever again in your life, then I think you are entitled to stay, whether your RRV has expired or not.

I had to renew my RRV a couple of times by reapplying, and after about 4 years I have now got a RRV which NEVER expires, so I am free to come and go as I like for the rest of my life.


I hope this is right, but check the NZ Immigration website to be sure.
Browner_ is offline  
Old May 9th 2009, 7:51 am
  #7  
Forum Regular
 
aalls73's Avatar
 
Joined: Apr 2008
Location: New Plymouth, New Zealand
Posts: 193
aalls73 has much to be proud ofaalls73 has much to be proud ofaalls73 has much to be proud ofaalls73 has much to be proud ofaalls73 has much to be proud ofaalls73 has much to be proud ofaalls73 has much to be proud ofaalls73 has much to be proud ofaalls73 has much to be proud ofaalls73 has much to be proud ofaalls73 has much to be proud of
Default Re: spouse's visa - please help

Bless ya my heart goes out to you to be stuck in a country across the other side of the world and feel as though you have no-one to talk too, but you do we're all here!!!!!
You obviously came over gere to follow a dream and although it probably hasn't started the way that you planned it, if you still want it to become reality then you go fir it girl xxxxxx

PM me if you want to chat babe xxxx

Originally Posted by kittiekat
Hi all

I am using a different ID tonight, you'll see why in a moment.

I have just found something out that has deeply upset me, and which spells trouble for my marriage. Of course I am hoping it is just a hiccup and nothing terrible will happen, but I also want to be prepared for the worst.

I have PR but I came here on the back of my husban'ds application. I am of no value to NZ immigration on my own. I am also currently totally financially dependant on him. We've only been here a few months.

If I remember right, I am obliged to tell immigration if there is a change in my circumstances.

Does this mean I would be kicked out of the country if the relationship broke up? Not that I'd definitely want to stay if it does happen, but seeing that I've got nowhere else to go, and no money, it'd be easier to stay put.

Sorry if this sounds depressing but that's exactly how I feel. And I've got no-one to talk to so that doesn't help either.

Thanks for reading and for any advice you may be able to offer
aalls73 is offline  
Old May 10th 2009, 4:29 am
  #8  
P2L
BE Forum Addict
 
P2L's Avatar
 
Joined: Oct 2006
Location: NZ
Posts: 3,366
P2L has a reputation beyond reputeP2L has a reputation beyond reputeP2L has a reputation beyond reputeP2L has a reputation beyond reputeP2L has a reputation beyond reputeP2L has a reputation beyond reputeP2L has a reputation beyond reputeP2L has a reputation beyond reputeP2L has a reputation beyond reputeP2L has a reputation beyond reputeP2L has a reputation beyond repute
Default Re: spouse's visa - please help

Sorry I can't be of any help to you at all

I really do feel for you; it makes you realise how vulnerable you are here

Good Luck. I've 'bumped' your thread back up and hopefully someone may be able to help you
P2L is offline  
Old May 10th 2009, 5:22 am
  #9  
BE Forum Addict
 
luvwelly's Avatar
 
Joined: Jul 2007
Posts: 2,285
luvwelly has a reputation beyond reputeluvwelly has a reputation beyond reputeluvwelly has a reputation beyond reputeluvwelly has a reputation beyond reputeluvwelly has a reputation beyond reputeluvwelly has a reputation beyond reputeluvwelly has a reputation beyond reputeluvwelly has a reputation beyond reputeluvwelly has a reputation beyond reputeluvwelly has a reputation beyond reputeluvwelly has a reputation beyond repute
Default Re: spouse's visa - please help

Sorry to hear of your dilemma. I think though so long as things pan out that you can support yourself even if you do split up, they would have difficulty refusing to let you stay. This must happen quite often, except most of the time, the spouse probably would also have a full-time job.

Are you sure it's not covered on the NZIS website somewhere?
luvwelly is offline  
Old May 10th 2009, 8:07 am
  #10  
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: spouse's visa - please help

Hi,
How are you doing?
I found this on the NZIS website:
X4.5.1 Partner of the principal applicant

A The partner of the principal applicant is eligible to be considered in their own right under RRV policy, if the following events occur:
i the principal applicant dies; or
ii the partner and the principal applicant become divorced; or
iii the partner is granted a non-molestation order against the principal
applicant; or
iv the principal applicant is convicted of an offence against the person of the partner or of a dependent child.

B If a partner was included in an application on the basis of being in an interdependent partnership akin to a marriage with the principal applicant, and they separate, then visa officers may, on a case by case basis, consider such partners in their own right under RRV policy.
X4.5.5 Dependent
So it looks like if the worst happens then you will be considered for a RRV when yours runs out which would mean that you would be able to stay in NZ [or more accurately leave and come back!] Obviously this is getting on for 2 years in the future which is a long time ahead. Then NZIS would need to know.

I haven't found anything about whether you would have to inform NZIS about a change in circumstances before that. Can you look on the letters you would have received from NZIS when you got PR to start with, it may say on there. I know I had one that said I was required to inform them of changes but that was up until the time I was granted a residence permit and did not mention afterwards.
If your OH was granted PR with a job offer then he would have to fulfill the requirements [ie working for 3m] and as the non principal candidate your residency would depend on these being met. Other than that I'm not sure, sorry.
Maybe you could put a tentative query into NZIS asking about whether you have to inform them should your circumstances change in any way, make it very vague, maybe even imply a change of job or whether they have to know should you find work and so on just to throw them off the scent? State you just want to clarify the situation so you don't fall foul of any immigration law.
Sorry I can't help any more than this. Hoping you won't need the info anyway and you can both sort out the problems and move ahead
All the best
Sue x
Persephone is offline  
Old May 10th 2009, 12:05 pm
  #11  
Just Joined
Thread Starter
 
Joined: May 2009
Posts: 2
kittiekat will become famous soon enoughkittiekat will become famous soon enough
Default Re: spouse's visa - please help

Hi all, many, many thanks for replying and for your encouragement.

I haven't had the chance to reply sooner as I've spent the whole weekend either crying my eyes out or having heart-wrenching conversations with him (or both).

Browner was correct, I have a RRV which needs to be renewed after 2 years, so I guess that's when immigration will find out whether my circumstances have changed.

Thanks Sue for digging up that bit of info for me. My worry is that, like I said, I don't have any valuable skills - valuable from an immigration point of view that is. They only reason they let me in was because I came with my husband who does have sought-after skills. So I'm not sure they'd consider me good enough to let me stay on my own. Maybe I should have another look at that list of theirs and start working towards a qualification?

My problem is not feeling I'm stuck out here, it is thinking I'd have to go back!! I really don't have anywhere to go or anyone to turn to. No family other than a brother who I hardly have any contact with. Friends yes, but as someone said, I don't really want to burden any of them with my problems. They have problems of their own to deal with already.... plus, I really don't feel like airing my dirty laundry in public...

I guess I'll have to look for a counsellor, and work towards recovering my financial independence which I had before I met him and stupidly lost. I really hope I can look back on this one day and realise I was over-reacting, and we can work through our problems and live happily-ever-after.... but right now I'm feeling so vulnerable I feel physically sick.

Anyway, I guess this is not the right forum to go into any more detail. Now that he's gone to bed and I have a little time to myself I think I'll go and look for a specialised one...

But once again, thanks guys for the support, it is REALLY, REALLY appreciated.

Hugs.
kittiekat is offline  
Old May 10th 2009, 12:50 pm
  #12  
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: spouse's visa - please help

I wish I could help you more
I agree you don't want to be putting too much detail onto a public forum.

From what I've read about RRVs it looks like you may be OK.

Am I eligible for an indefinite Returning Resident’s Visa?
To be eligible you must:
-have been the principal applicant in your original residence application, or be included in a Returning Resident's Visa application by the original principal applicant. If you separate then you should be considered in your own right as I posted before
-have held a residence permit at a time which was a minimum of two years before you apply.
-met any requirements previously imposed under section 18A of the Immigration Act. These are any conditions on the original visa
and
you have spent a lot of time in New Zealand already – 184 days or more in every year for the past two years
So I'm not sure whether your qualifications will come into the application?
It sounds like everything is very raw for you at the moment, remember you do have plenty of time to decide what to do. You've only been here a few months and even after 2 years your residence permit will still be in force, you just would not be able to leave and re enter NZ without a current RRV.

Don't be so down on yourself, you're obviously going through a very tough and difficult time. You say you were once financially independent so you need to find that confidence again and stop saying that you're not good enoughYou need time to reconsider your options and deal with the emotional side of things and stop worrying about visas for now, as I said you have plenty of time yet for that.
Wishing you all the best and hoping you manage to sort your problems out.
Take care, stay strong
Sue xx
Persephone is offline  
Old Jun 28th 2009, 3:27 pm
  #13  
Forum Regular
 
Joined: Apr 2008
Location: Castor Bay, Auckland
Posts: 103
lindsay loo is just really nicelindsay loo is just really nicelindsay loo is just really nicelindsay loo is just really nicelindsay loo is just really nicelindsay loo is just really nicelindsay loo is just really nicelindsay loo is just really nicelindsay loo is just really nicelindsay loo is just really nice
Default Re: spouse's visa - please help

Hi

I am in a similar position to you and wondered if you had any more information about your eligibility to stay in New Zealand after your spouse returns back to UK. Can you PM me, I would love to talk to you more and I hope you have had some success in finding some support.

Best wishes
lindsay loo is offline  
Old Jun 28th 2009, 11:09 pm
  #14  
`
 
BEVS's Avatar
 
Joined: Oct 2003
Posts: 38,612
BEVS has disabled reputation
Default Re: spouse's visa - please help

Originally Posted by lindsay loo
Hi

I am in a similar position to you and wondered if you had any more information about your eligibility to stay in New Zealand after your spouse returns back to UK. Can you PM me, I would love to talk to you more and I hope you have had some success in finding some support.

Best wishes
Sorry to read this Lindsay Loo
Has your PR come through yet or is it still in the pipeline?

If you have PR ( permanent residency) and an RRV ( 2 yr returning residents visa) in your UK passport, then you are free to remain in NZ as far as I am aware.
BEVS is offline  
Old Jun 29th 2009, 3:34 am
  #15  
BE Enthusiast
 
Joined: Feb 2009
Posts: 345
bananalana has much to be proud ofbananalana has much to be proud ofbananalana has much to be proud ofbananalana has much to be proud ofbananalana has much to be proud ofbananalana has much to be proud ofbananalana has much to be proud ofbananalana has much to be proud ofbananalana has much to be proud ofbananalana has much to be proud ofbananalana has much to be proud of
Default Re: spouse's visa - please help

Originally Posted by Browner_
I beleive that "Permanent Residency" actually means you get a Returning Residents Visa which expires after a certain time ( 2 or 3 years). So if you left NZ and tried to get back into NZ after it had expired you would have no luck.

So you have to renew the RR visa when it expires, which means re-stating your personal circumstances. Who knows how they would view a couple who had split up, I have no idea, I would guess they would treat each case individually.

On the other hand, if you have Permanent Residency and never leave NZ ever again in your life, then I think you are entitled to stay, whether your RRV has expired or not.

I had to renew my RRV a couple of times by reapplying, and after about 4 years I have now got a RRV which NEVER expires, so I am free to come and go as I like for the rest of my life.


I hope this is right, but check the NZ Immigration website to be sure.
Maybe, I dunno to be honest.

My partner got a RRV when he got his PR Visa, but I put his passport through the wash and the pags stuck together so I don't know if it expired or not.

However, he got another one when we left for Australia and this one is permanent. I think maybe the length of time for your RRV would depend on how long you have been in NZ (my partner had been in NZ for 10 years without leaving when we left for Oz)?
bananalana is offline  


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.