[peg]

this is a question about applying for residence
myself and oh are here on one year work visas, looking at the job situation back in ireland and scotland we are considering our options and thinking about staying.
we came to nz in october and before that we didn't live together as we lived in separate countries (nz was easier than choosing between the 2!;))
if i put our points into the eoi calculator as a couple we get 175 points
if i go in as a single person i get 150 and oh if his qualification is "correct" also gets 150 points (100 if his qualification is not- he has 2 degrees from uk so i'd assume he's fine)

i don't want to pay to apply for residence twice, and risk one of us not being allowed stay but if we apply before oct/nov we haven't been living together a year. has anyone been in a similar situation or have any advice??
any help would be greatly appreciated as need to make up our minds in time to make any applications
cheers
peg

[JandM]

There isn't any way of getting over the 'minimum one year' rule, that I've ever heard of. You'll either have to wait till your Oct/Nov anniversary to put in your application as a couple (with whichever person you decide as the main applicant) - and you don't say how long you've got till your one year visas are up - or bite the bullet and pay for each of you separately, I think.

You may get more info from people in NZ when they wake up. I'm thinking that there MAY be possibilities for asking for an extension, if your one year runs out before October. However, I'm remembering a forumite who went through all kinds of trouble attempting to get special consideration for his fiancee to stay, but because they hadn't been living together, it was refusals all the way: the rules are pretty rigid.

[peg]

our visa is up at the start of oct, we spent october traveling around new zealand before deciding where to stay so we didn't rent a place together until the start of november. i kinda guess that was the case but as we booked the flights in early june to travel together i was kinda hoping that the intention to be together was clear from then but i suppose rules are rules
thanks
peg

[IanW99]

our visa is up at the start of oct, we spent october traveling around new zealand before deciding where to stay so we didn't rent a place together until the start of november. i kinda guess that was the case but as we booked the flights in early june to travel together i was kinda hoping that the intention to be together was clear from then but i suppose rules are rules
thanks
peg

The twelve months is taken from when you are living together, if you were travelling around NZ together then I assume that you were still living together so that should still count.

At any rate, if you are eligibile for PR without needing points from your partner then your PR application can be process and your partners deferred until the 12 months rule is met.

R2.1.15.5
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)

Ian

[peg]

thanks ian,
i sort of understand what you're saying - as in i can apply and start the ball rolling and when the year of living together is up add him in but i would need pr before then or else i'll have to stop work as the visa expires at the same time as our anniversary

could i apply for pr, and oh apply for work permit and once we have both, and are living together a year apply to have him added to my pr or is it too late once its been approved? i'm wondering if it'd be cheaper to get a 2 year work visa each and once the year is up apply for pr as a couple?

another thing is how long does it take, october is less than 6 months away and i haven't even started getting police certs......

peg

[victoria24]

we got back from NZ on the 3rd march and had everything together by the end of the month.

[Jacqi B]

The twelve months is taken from when you are living together, if you were travelling around NZ together then I assume that you were still living together so that should still count.

I'm guessing you were staying in double rooms? receipts or other evidence of that should help.

[sophiedb]

I'm not sure how much help this is, but back in 2002 I successfully applied for a partner visa in Australia, based on having lived with my now-hubby for the year of my WHV. The application did go in just before the year was up, obviously, but we'd included some piccies of times before when we were together but not living together. It worked then, hopefully will do now for you!

[IanW99]

thanks ian,
i sort of understand what you're saying - as in i can apply and start the ball rolling and when the year of living together is up add him in but i would need pr before then or else i'll have to stop work as the visa expires at the same time as our anniversary
...
another thing is how long does it take, october is less than 6 months away and i haven't even started getting police certs......

peg

Sorry, I might not have made it too clear from my previous post...

What the residence manual says is that if you apply for a PR now along with your partner, then they can process your PR now but defer the partners application until the 12 months has been met. In the meantime they could offer your partner a work visa/permit. Once the 12 months is up then they can finish processing the PR application for your partner.

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.

Certainly seems to be the simplest approach if it all works without any problems.

If it were me, I would talk with NZIS to see what they recommend in your situation.

Ian