[lee]

Hello,

I wonder if someone out there may be able to assist me further. I married a New Zealander in the UK and 2 years later we moved to New Zealand with myself on a Spouses/family visa. Unfortunately we separated and I returned to the UK in March 2006. I am finishing off my trade NVQ level 2 city and guilds Plumbing certificate and I would like to apply for a new visa under the skilled migrant section. We are still married though separated. Would still being married complicate an application or is it benefical to get a divorce prior to an application?

Just to confuse the issue further; my wife and I have always kept in touch and have considered trying to get back together. I know that is sketchy and 'someone' would want to know a tad more about our situation. However; we also fully understand and accept if I am not able to get a visa to NZ then that will have to be a fact of life.

I see it that I need to make a completely new visa application, is this probably correct to assume? Also, does having already had a visa (family category) have any negative affect on me applying for a new visa under a different category?

I hope I have managed to give enough information to assist in my situation?

Thanks in advance
Lee

[bevsere]

an NVQ level 2 will not do for SMC. It needs to be at Level 4.

Get PGDB to assess your current quals.

you can still work in the trade in NZ under a Limited Licence as I am sure you know. You cannot however use SMC.

[veronica]

if you have lived in NZ with your partner on a partnership visa surely you have residency already. I wasn't aware that the sticker in your passport was dependent on staying with that person. it's in your name in your passport.

[lee]

Hello Veronica, my visa requirements state that you cannot leave NZ for more than 90 days at a time. I feel my visa will be void now considering I have been in the UK for nearly a year now.

[CjChris]

Hi, could you offer clarification? under what conditions did you get a visa? I know you said spouse/family visa, but it looks like if you married a kiwi who had citizenship and were accepted into NZ on a visa, you would have gained PR during that time?

I'm not familiar with the "can't be out of the country for more than 90 days" policy.

Christine

[lee]

Hello Christine,
Your correct about the 90 days theory! Sorry, I am not sure why that stuck in my head. I called the NZ embassy etc and they have said though I have a work visa with multiple entries, and that my visa expires on the 15 Dec 2007, I would need to re-apply for a new visa. However, I intend staying in the UK until May 2008 when I finish my studies; so it appears fool-hardy to re-apply for a work visa when I am not going to use it. I would have to go through the entire rigmerol. However; would I be correct in thinking that if I kept my work visa up todate and current that once I am qualified I would not have to apply for a visa under the skilled migrant category? Just remembered; I originally got my visa due to the fact that I was (and still am) married to a Kiwi national. Thanks

[eternalkiwi]

Immigration require as part of the renewal process for a Work Visa (Family) that the NZ Resident/National write a letter of support for the renewal application, so without some evidence of support from your wife, it would be difficult to renew your existing visa.