[litemover]

Hello,

My wife is a Kiwi Citizen and we moved to Auckland over a year ago. We shipped all of our belongings in a container and are here to stay. We have been in a great marriage for over 10 years and have been with each other for over 11.

I, being the idiot and eternal procrastinator that I am, have been coming in on a visitors visa because I own a business in the US and had to leave frequently for work so I thought that there was no need for me to file reams of paperwork at the present time because I just flew back and forth every other month.

My passport has been stamped several times with no problems. I recently had a cancellation in work and needed to get an extension on my visitors permit and when they checked it they told me that I couldn't get one because I had been here for over 9 months in an 18 month period.

Panic ensued and I am now feverishly lodging a partnership based work permit so I can stay where my life, wife, and belongings are without there being any interruption in my life or life altering craziness as a consequence of not looking into this sooner.

I am panicking to the point of no sleep and freaking out over this thinking that I might have to leave and my wife's life with her family of 3 grandchildren and 2 daughters, sisters, etc... might be in jeopardy because of my mistake.

I was able to get my fingerprinting done mon (28/1) and have a medical tomorrow (30/1). My FBI background check won't come back for at least 6 weeks.

Can anyone give me any advice as to how to be able to get some sort of extension so that I don't put my family at risk of being separated from me for any length of time or having to move back to the states? I basically am looking for some way for me to get an extension on my visitors visa so that I can just have enough time to get this all done without overstaying.

I also have rare skill sets and qualifications as well as a standing job offer from a reputable company here in New Zealand.

We contacted an attorney and they said to just complete everything and they would file a declaration or something. Do I need an attorney or what? My flight was supposed to leave on the 6th of feb.

Any advise would be greatly appreciated.

Thank you,

Litemover

[kanatakiwi]

PARTNERSHIP can take a while, I would suggest you consider filing an application for a work permit in the meantime as they can come through quite quickly.

[litemover]

Yes that is what I am doing but a partner based work permit. I do have extreme qualifications and a rare skillset as mentioned though as well as a job offer so I don't know what would be faster, to file the partner based work permit or a talent based skilled immigrant work visa. I have had offers of work where they said they could get me a visa in less than a week's time here before but I've been advised that I should file for a partner based work permit.

Any idea what the difference is and any recommendations of what I should do? I just ned enough time to get my paperwork in for a long term visa and I have 14 days left.

Also, if I leave the country before my visitor permit expires, when could I come back since I've left and come back more than 12 months in an 18 month period?

I just want to do what is the best and most legal way to do it. I called immigration and they told me that if I lodge my application with a declaration of all my med/FBI paperwork ASAP and before my visitors permit expires that if I decided to stay it would be highly unlikely that they would remove me. If I had to leave though during this process, I could never enter NZ again on a visitor's permit.

Any advice would be appreciated.
Thanks.

[wiki]

Since you're in Auckland, go into NZIS and talk to someone. Although you've broken the rules, they'll be able to tell you the best process to go through.

They do everything they can to keep partners together, and everything to keep kiwis in NZ - trust me, I'm the kiwi and my British OH had a medical record difficulty which would have made PR impossible if it wasn't for our relationship.

Have you been working in NZ on a visitor's permit, or is the job offer somthing new? Partnership can be processed within six weeks if your evidence, police check and medical are without problems. They may force you back to the US for those six weeks, but better to put up with six weeks now and admit your error than being barred from the country forever (unlikely as that sounds)

[litemover]

Thanks for the reply. It's a bit of a relief to hear that. I don't know what I would do without my wife for 6 weeks. I called NZ immigration and they said that if I lodge an application ASAP with a declaration and all copies of data sent that I could stay but I would be here unlawfully. They said that it is highly unlikely that I would be removed though having filled out a work permit based on partnership. We've been married for 10 years. Not sure what proof they want other than our marriage certificate, joint bank accounts, photos, etc... If there is anything else that I should get together to make it very evident that we have been in a functioning marriage for ten years, please let me know. My wife is very lax about it saying "we've been married over ten years, what are they gonna do" I keep telling her we need to find as much paperwork that proves that as possible.

I have a serious written offer of steady work with a reputable company in Auckland. I haven't been working because I didn't want to break any rules. This company is very keen on hiring me though.

I was told that they don't take appointments and to just drop everything into the drop box.

I do have a question, if I left to the states to avoid overstaying, how long would it be for me to be able to come back on a visitors permit again and complete the paperwork here?

I don't like the idea of overstaying and hoping everything will pan out because the lady said that if I overstay, I will never be allowed back in NZ without a Work Visa or PR. What if something happens with my medical and they don't let me in? I will be in serious trouble. All my belongings, our house, family, everything is here.

I don't know what to do. Chances are if I left, they might let me back in after a month on a visitors permit. They let me in the last time and it was over 9 months. The lady said that they usually just let in US passports without digging too deep. I've never had a hastel but again, I don't want to take any risks.

Thanks for the info/

[ourquest]

I think the rules state that you must be out of the country for at least as long as you were in, and for not more than 9 months out of every eighteen month period, which as I understand it begins on the date of your first arrival. This would prevent you from perhaps arriving for 3 months, applying to stay for an additional 3 months, leaving for 6 months, and then repeating the 6 month stay (this would obviously amount to 12 out of 18 months).
I would also be very reluctant to overstay, as this will bring your character into question as far as NZIS are concerned and this might jeopardise you obtaining work permits or PR in the future, let alone visitors permits.
I am a bit confused as to why you didn't just apply for a work permit when you originally received the offer? I would understand if you said that you didn't want to work at all, but you have stated that you didn't want to work illegally.
I know this doesn't help you now, but this also won't help you to satisfy NZIS that you should stay on now, much as we all want you to.
And you are right to find lots of documents proving relationship (although I think you have enough). Just being married though is not enough for NZIS.
Good luck.

[kanatakiwi]

II would also be very reluctant to overstay, as this will bring your character into question as far as NZIS are concerned and this might jeopardise you obtaining work permits or PR in the future, let alone visitors permits.
.

on this point, I filed for partnership (kiwi OH) from here and because of a glitch in meidcal application, it took eight months, during which time my visitors permit was about to expire. I was very stressed, and even sought help from an MP's office. I was told by NZIS not to worry, I would technically be an overstayer but because my application was in process nothing would happen to me. I didnt like it but true to their word, I was an overstayer for a month and then my work permit came through followed by PR.

(I applied for a 2 year work permit because I was told with that I could get medical coverage, thats why it took a while to come through) YOu could apply for a one year one which can come through very quickly, no medicals etc, especially if you have a job offer, sometimes these can come through in a week or so if everything is in order. (I have personal experience helping a young intern wanting to work here, and the work permit came though in 2 days) Be sure to provide proof of the employment offer.

you can do this at the same time as you are filing for PR, although as it doesnt take near as much paperwork you should be able to get a one year work permit application in very quickly and follow it with your PR application once you get all your paperwork together.

As to proof of marriage, marriage certificate, photos which show a relationship over the past 10 years (these are returned to you) and a letter from your OH, that's all I provided, and there was no questioning of the marriage.

good luck.

I think if you leave, you are going to be out of the country until a permit or PR is approved.

[litemover]

I think the rules state that you must be out of the country for at least as long as you were in, and for not more than 9 months out of every eighteen month period, which as I understand it begins on the date of your first arrival. This would prevent you from perhaps arriving for 3 months, applying to stay for an additional 3 months, leaving for 6 months, and then repeating the 6 month stay (this would obviously amount to 12 out of 18 months).
I would also be very reluctant to overstay, as this will bring your character into question as far as NZIS are concerned and this might jeopardise you obtaining work permits or PR in the future, let alone visitors permits.
I am a bit confused as to why you didn't just apply for a work permit when you originally received the offer? I would understand if you said that you didn't want to work at all, but you have stated that you didn't want to work illegally.
I know this doesn't help you now, but this also won't help you to satisfy NZIS that you should stay on now, much as we all want you to.
And you are right to find lots of documents proving relationship (although I think you have enough). Just being married though is not enough for NZIS.
Good luck.

I didn't apply for a work permit because I had plenty of business in the US. I started dreading all the flights back and forth and sought out work. Because of the nature of what I do and my reputation, I was able to find an employer very quickly that is very keen on using my skills.

That is why. I know I should have not gotten myself into this situation but I did. I just need to know the best way out.

I couldn't bare to leave my wife and family for that long. I would be leaving everything behind with nothing to go to. I don't think I could handle that. My wife has a job and a life, we have a house, car, etc... I don't know what I would do if I had to go to the states for a year and half without being able to see my wife except on visits...

I would have to basically start from nothing.


That really wouldn't be good.

[litemover]

on this point, I filed for partnership (kiwi OH) from here and because of a glitch in meidcal application, it took eight months, during which time my visitors permit was about to expire. I was very stressed, and even sought help from an MP's office. I was told by NZIS not to worry, I would technically be an overstayer but because my application was in process nothing would happen to me. I didnt like it but true to their word, I was an overstayer for a month and then my work permit came through followed by PR.

(I applied for a 2 year work permit because I was told with that I could get medical coverage, thats why it took a while to come through) YOu could apply for a one year one which can come through very quickly, no medicals etc, especially if you have a job offer, sometimes these can come through in a week or so if everything is in order. (I have personal experience helping a young intern wanting to work here, and the work permit came though in 2 days) Be sure to provide proof of the employment offer.

you can do this at the same time as you are filing for PR, although as it doesnt take near as much paperwork you should be able to get a one year work permit application in very quickly and follow it with your PR application once you get all your paperwork together.

As to proof of marriage, marriage certificate, photos which show a relationship over the past 10 years (these are returned to you) and a letter from your OH, that's all I provided, and there was no questioning of the marriage.

good luck.

I think if you leave, you are going to be out of the country until a permit or PR is approved.

This sounds like a very good idea, getting a one year work permit would allow me enough time to complete everything, make sure all my medical stuff is in order, etc...

Anyone know how to go about a one year permit? I would also want to make sure that I could aply for a 3 year WP while on a one year?

Thanks for your info.

[urban78]

This sounds like a very good idea, getting a one year work permit would allow me enough time to complete everything, make sure all my medical stuff is in order, etc...

Anyone know how to go about a one year permit? I would also want to make sure that I could aply for a 3 year WP while on a one year?

Thanks for your info.

Hiya Litemover,

Here is the link from NZIS for the work permit under the Family Stream. It seems pretty straightforward and if you have all the evidence they need, you should be all good :)

http://www.immigration.govt.nz/migrant/stream/work/worktemporarily/requirements/Familystream.htm


Someone will correct me if I'm wrong but I think you'll need to have a medical if the permit is for 12 months and over.

Good luck with everything! You'll see that NZIS are keen for kiwis to return to the country and will help their partners/spouses best they can. I emigrated 2 years ago with my kiwi OH and although there were a little bit of medical issues on my side, everything went well :yes

Jen