TristanNZ
3rd April 2007, 10:44 AM
Hi everyone, this forum is great. I'm a bit lost where to start, it sounds like my situation is going to be a difficult one.
I met my partner on the internet in Jan 07 and she came to visit me in NZ and spent 3 amazing weeks with me. She is a single mum of 3 kids, ages 7,9,11 and works a part time job. She doesn't have a university degree or much savings.
We both want to be together and live in New Zealand as quick as possible. She first has to try and get sole custody of the children and also get the fathers (yes 2 diff fathers) to agree to letting the kids live in a different country.. So if we get past that, what is the best Visa for her to try and get her and the kids in on. I read about partnership sponsership, which I'm happy to do, but I'm not sure if that allows her to work. And I probably could support her and the 3 kids for 6 months, but my salary would only just do that. So would need her to be able to try and get employment to help us out.
I'm a NZ citizen, own my own house, have my own entertainment company (but it's new so not making much money yet) and also work a full time job for my family owned IT consultancy company.
help
sizzlingbadger
3rd April 2007, 11:15 AM
Have a look here www.immigration.govt.nz/migrant/stream/live/partner/canimovetonz/whatisrequired/
It states that you need to be living together for a minimum of 12 months in a stable relationship.
So looks like you've got a bit more of a wait before you can go that route.
Not sure if anyone else can suggest an option for you.
Good Luck with it all :)
Park City Partner
3rd April 2007, 11:16 AM
Sounds like you two have a big uphill battler...good luck. The partnership visa requires that you two have lived in a committed relationship for 12 months, evidenced by joint bank accounts, tenancy agreements, utility bills in both names etc. So it sounds like you will have to get her in on a different visa and then as soon as she is here start building your partnership case. If she is granted PR via partnership she can work.
Good luck.
TristanNZ
3rd April 2007, 11:48 AM
So it's a big risk then, would need to sell everything and come here on maybe a vistors visa (although from memory that is a max of 9 months?). And then may have to leave the country?
Is it any easier if we got married or does it still provide problems?
sizzlingbadger
3rd April 2007, 12:23 PM
She could come on a visitors visa for a maximum of 12 months but she'd have to leave and stay out 12 months before being able to come back. It would be a huge risk and as you've only just met and spent a relatively short amount of time together it could spell trouble. I'm not sure the kids could go to school during that time either ? Maybe someone could clarify this or not.
Is there any way that you could live with her 12 months ? Hope I'm not being too nosey but where does she live ?
Even if you were to get married tomorrow you'd still need to prove you've been in a stable relationship and living together for 12 months.
With our skilled migrancy despite being married for 5 years and living together 6 years and had 3 kids we still had to prove we had been living together a minimum of 12 months. Evidence included the marriage certificate, photos, joint accounts etc.
TristanNZ
3rd April 2007, 12:29 PM
She lives in Canada.
Me moving over there is an option, except my job role in the IT company is critical to our company at the moment. We have a contract that we have to honour which is renewed every 6 months for a client that I'm the only that can do the work. On top of that I have a big house repayments I need to make each month and if I went to Canada I'd probably have to apply for a work visa so I could send back money to pay all the bills.. Even if I rented out the rooms in my house it still wouldn't cover the cost of the house repayments.
I never went to University, self taught, with a lot of work experience in the industry. but not sure if that would be enough for me to get a skilled visa permit for Canada with out the qualifications?! Their system sounds pretty tough too.
I called immigration and talked to a consultant, they confirmed she would need to come for 9 months on a visa, then leave the country and then apply for a 2 year working partnership visa.. There is no way she could or would uproot the kids lives for just 9 months. I wouldn't ask her or want her to do that to them.
anna_c
3rd April 2007, 03:16 PM
It is possible to get a 1 year work permit on grounds of partnership to allow her to fulfil the living together requirements in order to obtain residency. It can then be renewed until her residency is granted.
I'm not sure however how this works with children (they may need student visas?) or exactly what the requirements.
More information here: http://www.immigration.govt.nz/migrant/stream/work/worktemporarily/requirements/Familystream.htm
TristanNZ
3rd April 2007, 07:45 PM
I read that about a week ago.. but when I call the NZ immigration phone line today they didn't mention that.. just said we had to live together for 1 year and provide eveidence. So maybe that is still an option. Still be risky for her to sell everything and bring the kids here for 1 year and then be denied to stay longer. But thanks for bringing that to my attention again, will look into it.
Trigirl
3rd April 2007, 08:09 PM
does she have skills and qualifications that would qualify her as a skilled migrant in her own right?
be aware that if she comes over on a one year work permit then she may have to pay international school fees for the kids until she gets a permanent visa (it varies but will likely be over $10k per child)
jaycee
3rd April 2007, 08:11 PM
I'm just going to throw in a suggestion, because as you say Tristan, it's a difficult one and the sort of situation that's going to need some lateral thinking.
Canada have a working holiday scheme, but they don't allow you to bring kids on that visa, so I guess that's out.
Would your girlfriend be willing to enrol for a full time course of study? And able to pay for it? She would be able to work part-time on a student visa, but would have to pay international fees and have some money in the bank to show she could support herself (but that doesn't mean she has to use it ;) ) I'm not sure about the children, but I think she would be able to get student visas for them as well, but again there would probably be fees.
Would you or your family be able to help with childcare/schooling - either providing it or paying for it?
It's not an easy or cheap option, but it might allow you to be together - and build up that 12 months proof of a stable relationship.
I'm here on a student visa - it was the only way I could stay here for any length of time, and I may get an extra qualification as well :)
One other point - I think whatever you do, you should both make a contribution - if only one partner has made a sacrifice - in terms of money, moving overseas, whatever - that may not be the best basis for a successful relationship, if you see what I mean? I understand your commitment to your family business, but be careful about expecting your girlfriend to uproot herself and children... I'm just saying that because someone I know was going to emigrate to Australia to live with an Aussie girl he met - he felt it was unfair that he should make all the changes. But it sounds like you are prepared to make a commitment if possible - good for you.
Hope this helps, and good luck - don't let it go just because it's difficult :)
TristanNZ
3rd April 2007, 08:46 PM
Until I found out that she could still possibly apply for a working 1 year partnership visa, I was today figuring out what I could do to rent out my house, see if I could work in canada for 1 year so I could make this work. So I'm completely dedicated to doing whatever it takes to be with my partner..
But from a business point of view, if I leave, my family company will probably lose this good paying contract because to find someone qualified to do my role we would have to pay double what I'm getting and we can't afford that right now. So ultimately it could (worse case) effect our other employees employment as this guaranteed monthly contract is helping us pay their salaries while the sector of the IT industy we specialise in, is in a bit of a down turn.
Surely this has to be a bad thing for the NZ government, creating a possible situation where we may have to lay off NZ staff just because I'm forced to go to another country to prove I'm in a geniune relationship.
Well whatever happens, I'm going to fight damn hard so no one else is effected my relationship choices.. I don't give up easily, not if it is something I really believe in, and she is worth it.
eternalkiwi
3rd April 2007, 10:56 PM
As Anna & Trigirl mentioned you partner is likely to be eligible for a Partnership Visa if you can prove that you have some commitment and stability in your partnership relationship. This would most likely be for 12 months though in some cases can be longer.
Currently Family sponsored PR visa applications are taking 9-12 months so you would probably need to renew the open work visa once your partner qualifies to apply for PR.
Shawn
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