[Ness]

Hi all

my fiance and I recently returned from a trip to NZ, where he interviewed for and later was offered a position as a lecturer at a university on the South Island, so now we're looking into the residency application process.

We met last summer, got engaged in November, and were planning to get married this June (what can I say, a whirlwind romance!). We haven't lived together for a number of rent- and pet-related reasons, but we did open a joint bank account a while ago.

When I looked at the information about applying for NZ residency (which we'd rather do than apply for work-to-residence), it said that residency would only be granted to a partner if both people had lived together for 12 months.

Does anyone know what visa category they may offer me instead? Is there any way to petition for the living-together requirement to be waived if other evidence of the relationship is offered? Or, is there some way for my status to be adjusted once we have lived together in NZ for 12 months?

Also, would it be better for us to get married quickly now, or does this not make a real difference given that we will be married by the time we're planning to move?

Thanks very much for any info/advice you may have!
Ness

[IanW99]

Hi all

my fiance and I recently returned from a trip to NZ, where he interviewed for and later was offered a position as a lecturer at a university on the South Island, so now we're looking into the residency application process.

We met last summer, got engaged in November, and were planning to get married this June (what can I say, a whirlwind romance!). We haven't lived together for a number of rent- and pet-related reasons, but we did open a joint bank account a while ago.

When I looked at the information about applying for NZ residency (which we'd rather do than apply for work-to-residence), it said that residency would only be granted to a partner if both people had lived together for 12 months.

Does anyone know what visa category they may offer me instead? Is there any way to petition for the living-together requirement to be waived if other evidence of the relationship is offered? Or, is there some way for my status to be adjusted once we have lived together in NZ for 12 months?

Also, would it be better for us to get married quickly now, or does this not make a real difference given that we will be married by the time we're planning to move?

Thanks very much for any info/advice you may have!
Ness

Hi, and welcome to the forum.

They won't normaly offer you a different visa, it would be up to you to apply for a suitable one yourself.

Technically you don't have to actually live together:

‘Living together’: the principal applicant* and partner* must be living together unless there are genuine and compelling reasons for any period(s) of separation.

But if you don't then proving you live in a stable relationship will be more difficult.

Being married doesn't make any difference either (apart from more proof of a stable relationship).

Ian

[JandM]

Hello, and welcome.:)

[Ness]

Thanks for your responses!

Ian, so basically we'll need to prove that we have a stable relationship, right? Does the 12 months minimum always apply? And when does the 'clock' start? And what kinds of evidence are usually offered/accepted?

Also, do you know if my fiance has to go through the residence application first before he can sponsor me, or do couples usually apply together?

I really appreciate your help!
Ness

[dharder]

Ian, so basically we'll need to prove that we have a stable relationship, right? Does the 12 months minimum always apply? And when does the 'clock' start? And what kinds of evidence are usually offered/accepted?

There is a list of documentation on the NZIS website somewhere, don't have the link at hand right now. If you do a search here on the forum, you should come up with numerous threads on what people have handed in.

Even though technically, they could waive the 12 months living together, and I've heard of people who managed this, they are ususally quite keen on that. I suppose it is because they want to see stable relationship that has lasted for 12 months or more, and living together is an important indicator.

I don't know what they do if the whole relationship hasn't lasted a year yet, and you may have to look at alternatives there. In the one case that I know of, they could prove an 8 year long relationship with all sorts of proof, but had genuine work related reasons for having two addresses, and the 12 months living together requirement was waived.

Are under 31 and could come in on a working holiday visa? That would give you 2 years to live together and collect evidence, or try to find a job yourself.

In any case, good luck with the process,

Daniela

[Ness]

Thanks, Daniela!

Finding one's way through the information on the NZIS website is a full-time job, but I finally came across a PDF document called 'Residence' that may answer this question on p. 259:

F2.35 Deferring the final decision* if...

F2.35 Deferring the final decision* if the partnership is genuine and stable* but less than 12 months duration See F2 Effective 01/10/2001

a. An application can only be deferred if the applicant has been assessed as living together in a genuine and stable partnership with their New Zealand citizen or resident partner* but the 12 month qualifying period has not been met.

b. if, after assessing an application, an immigration or visa officer is satisfied the couple are living together in a partnership that is genuine and stable*, but the duration of that partnership is less than the 12 months required, (see F2.5(a) they may defer the final decision* to enable the qualifying period to be met.

c. If the principal applicant* wishes to be in New Zealand with their partner* during the deferral period, they may be issued with a work visa or granted a work permit (once an application has been made*) for a period sufficient to enable the qualifying period to be met and any further assessment of their residence application to be completed.

However, when my fiance called the embassy in DC today, they did not mention this at all, but suggested a working holiday visa for me without mentioning the age limit, which I'm unfortunately beyond. Maybe they don't want to have the above information well known by the public. Or are they maybe not aware of it?

Ness

[IanW99]

Hi Ness,

The document you are reading covers all types of Residence policy including business and family streams.

The section you list is for family stream only which isn't what you want in your case (only for those who already have familiy in NZ).

The relevant section that you want is 'R' and in particular read R2.1 etc.

Regards
Ian

[Ness]

Thanks, Ian. Sometimes the 'find' command works a bit too quickly.

Here's what I found under R2.1 (p. 41-42):

R2.1.15.5 What happens if the partnership is considered to be genuine and stable* but is less than the 12 months required?

a. If a visa or immigration officer is satisfied the principal applicant* and partner* included in the application are living together in a partnership that is genuine and stable*, but the duration of that partnership is less than the 12 months required, then:

i in any case where the grant of residence to a principal applicant* is reliant on the relationship with or attributes of their partner* the application must be declined* under Government Residence policy, or

ii in any case where the grant of residence to a principal applicant* is not reliant on the relationship with or attributes of their partner* the visa or immigration officer may proceed with processing the principal applicant for residence but defer the final decision* on the partner* to enable the qualifying period to be met.

b. If a partner’s* application for residence has been deferred as described in (a)(ii) above they may be issued with a work visa or granted a work permit (once an application has been made*) for a period sufficient to enable the qualifying period to be met and any further assessment of their residence application to be completed (see WF2.20).

At this point, we've asked the University that offered my fiance the job for a recommendation for an immigration attorney to help us figure this out for sure. I'll post when I find a definite answer!

Ness

[dusk]

if I'm reading that right it basically says that if your principal applicants application is NOT dependent on your status (for points eg job offer or qualifications etc) then the visa may be processed and the decision on the partner will be deferred until you have reached the 12 months together rule.

and thus the last bit says they will offer the principal applicant a temporary work visa while that period of time is being met. seems reasonably straightforward

however if you are going to have difficulty meeting the living as a partner requirement it may be worth looking into obtaining your own visa?