[Howie]

I have a "hypothetical" question. Let's say that one came to NZ with PR and the primary applicant was one's partner (with job offer), and one had been in NZ for almost a year, but the partner was planning on permanently leaving NZ and the partnership had ended. Can the one staying in NZ keep PR? All conditions (keeping the job for 3 months) have been met and returning residence visas have been granted. I assume the case officer needs to be notified, but will it affect PR?
Hope this makes sense. Sorry for being cryptic.

[jubjub]

to me PR means just that - permanent.

If there are no restrictions left on your visas, you are both granted pr with equal rights, so one could go away and leave the other without affecting the others ones residency.

If it were just a work permit, that would be an entirely different matter....

Just my two cents....

[Trigirl]

yes - PR is something you are granted individually. its your sticker in your passport.

[Mexican in NZ]

yes - PR is something you are granted individually. its your sticker in your passport.
Agree!!
Dont worry and b happy ;)

[willsken]

Yup have to agree. PR means just that, might be why you have to prove the relationship before it's granted.

I might be wrong but I wouldn't notify anyone.

[stu70]

Yup have to agree. PR means just that, might be why you have to prove the relationship before it's granted.

I might be wrong but I wouldn't notify anyone.
based on experience with govt agencies, I would second this opinion and refrain from bringing this issue to anyone's attention. I do not think its their business.

[tigerlily]

I don't know the answer for you, but it sounds like you might need some ((((( hugs )))))).

[jess]

PR is granted individually, as others have said. Proving the relationship beforehand is like proving your good health -- if you were to become chronically ill after you came to NZ with PR, they wouldn't take away your visa over it. The same hold true for relationship status. I don' t think you need to notify your case officer.

[sfordjasiri]

From what I have read, PR is "permanent" only as long as you are actually staying in the country. After 2 years, your PR is "conditional" if you leave the country. Whether you are given a "right of return visa" when you leave, say for a vacation in another country, depends on many factors.

The link on the immigration.gov.nz website is very long, so here is a tinyurl that points to it:

http://tinyurl.com/3asnxg

For example, have you worked 9 months out of the last 24? Do you own a home in NZ? etc.

I'm only new at this, but as far as I can tell, if you come to NZ, meet the "initial" requirements, for example working 3 months, you get your PR. It is good for two years but does NOT give you the right to come and go as you please. As far as I can tell, it is NOT like a "green card" you get in the United States. In the US, once you get that green card you don't need to hold a job or do anything else to keep the right to come and go from the US. As long as you don't commit a serious crime, you can leave and return as often as you want. How long you stay out of the country doesn't matter. (At least that has been my parents' experience in the US. They are both UK citizens with US green cards.)

All that said, if someone is sure that NZ permanent residence really is permanent, please tell me I am wrong. I hope I am, but thats not the impression I get from the link above.

[Trigirl]

gone away to read a bit more about it....

[Trigirl]

now eligibility for an IRRV was something I hadn't thought about. and it turns out to depend on whether the original applicants were married or not.... from the operations manual

X4.5.1 Partner* of the principal applicant

1. The partner* of the principal applicant is eligible to be considered in their own right under RRV policy, if the following events occur:
1. the principal applicant dies; or
2. the partner* and the principal applicant become divorced; or
3. the partner* is granted a non-molestation order against the principal applicant; or
4. the principal applicant is convicted of an offence against the person of the partner* or of a dependent child.
2. If a partner* was included in an application on the basis of being in an interdependent partnership akin to a marriage with the principal applicant, and they separate, then visa officers may, on a case by case basis, consider such partners in their own right under RRV policy.

[StevieD]

Good luck!!

Steve

[Howie]

OK, let me see if I understand this, because it seems to me that I'm screwed in terms of IRRV. By the time I've been in NZ 2 years, I will not be divorced (it takes 2 years min separation in order to get divorced in NZ and I will only be separated for 1 year at that time), so I will not be able to apply for IRRV on my own. My partner will not meet the residency requirements to apply for IRRV because he will have been out of NZ for all of the previous 12 months. So I can keep my PR and eventually apply for citizenship, but cannot leave the country until divorced so I can apply for IRRV on my own? This would suck, but would not be the end of the world. Oh, except that I sometimes have to leave the country for work.

Am I understanding this correctly?

[willsken]

I'm sorry I can't answer your question but if this is the case it seems very very unfair on you. :no

[willowshouse]

I wouldn't think you were screwed exactly .. just that your circumstances don't neatly fit the criteria and so you will probably need a nice Case Officer to 'sign you off'. I'm sure you're not the first person to be in this position so there probably will be a precedent they can follow. If you're able to support yourself etc etc - why would they say no?

Best of luck,
Dawn

[sfordjasiri]

You might want to look at the requirements to get an RRV. For example, I think they want you to have worked for some number of months out of the past 2 years. Things like that. I would assume it would help your "case" for getting a RRV if you have documentation to show that you have been employed in NZ, paying taxes, have a residence in NZ, and so forth.

If you have to leave the country to earn income that probably doesn't help your case. Also, they want to see that you have been in NZ for "most" of the year. (Numbers like 184 days in NZ for each year seem to show up in the documents.)

I would try to find out what you will need to do over the coming year or two to make immigation happy. I.e. find out the requirements NOW so you can structure your employment and travel to meet the immigration requirements.

I think you really need to ask these questions of NZ immigration. Good luck.

[Avalon]

OK, let me see if I understand this, because it seems to me that I'm screwed in terms of IRRV. By the time I've been in NZ 2 years, I will not be divorced (it takes 2 years min separation in order to get divorced in NZ and I will only be separated for 1 year at that time), so I will not be able to apply for IRRV on my own. My partner will not meet the residency requirements to apply for IRRV because he will have been out of NZ for all of the previous 12 months. So I can keep my PR and eventually apply for citizenship, but cannot leave the country until divorced so I can apply for IRRV on my own? This would suck, but would not be the end of the world. Oh, except that I sometimes have to leave the country for work.

Am I understanding this correctly?

Firstly - {{{{{{BIG HUGS}}}}} - cos it sounds like you need it.

Secondly - dont panic.

You have a job from the sounds of it? And you have PR and have built a life here. I cannot see NZIS throwing you out because of a pending divorce.

To get an IRRV you need to have been in the country for 184 days a year for the past 2 years. Popping out for work or long holidays wont scupper that in the least. You PR visa (an RRV) allows you to do that and come back.

Irrespective of whether your partner leaves - YOU are going to meet the requirements of the IRRV application in terms of how long you have been in the country. So you do not need to worry on that score. You can leave the coutry because your current RRV says you can. You just cant leave for more than 6 months in a year (but thats the case whether you were in this particulary situation or not).

So the problem comes down to (if im reading this right) that you were not the Primary applicant on the original application for PR. And does that affect your abilty to apply for an IRRV in your own right rather than as a second applicant. Trigirls quote seems to suggest not - but I still wouldnt panic.

Theres nothing to stop you asking NZIS for a second RRV to see you through till you are eligible to apply in your own right.

The best advise I can come with is to get yorself an appointmet with NZIS. I know that is like trying to get blood out of a stone - and the last thing you really need right now - but a face to face appointment can clear up so much. Do not rely on the phone helplines - wont get you anywhere - and write in asking for a meeting if you have to. In Wellington - you can queue in the morning for appointments.

Take a list of all the questions you have (and a friend!)- and write down the answers. Also take the name of whoever you speak to. ANd just to be safe - afterwards write to them confirming what they have told you (provides some written evidence so they cant deny it later!) and asking them to confirm your understanding.

With any luck - you will then know exactly what you need to do and how to deal with it. I know its sounds like hell to do all that - but I really feel you need some help from NZIS on this one.

Please look after yourself.

Hxxx

[spudulike]

Hi there - sorry life is not going to plan. (((hugs)))

If you are still ' technically' with your husband you may be eligible for IRRV if you can stick it out for a month over the first year.

We will be able to apply for our IRRV from the UK based on the following;

I can't log on to the NZIS tonight for some reason but it is roughly....

Hubby (primary applicant) will have worked 9 months in the time we have been here with 41 days of that falling in the 2nd year. You don't actually have to fulfil the requirement of 184 days in each year so there may be a potential loophole for you. I checked this three times with different people at NZIS and hubby checked too as he didn't believe me

So although we will have only lived here for 16 months we will still be eligible for our IRRV. There are different driteria you can meet which include tax status/settlement factors etc...

If you do a search on the forum and just type in IRRV there will be loads of info which I'm sure you'll find helpful. I'd also call NZIS - they won't ask you who you are or anything ad they really try and help.

Good luck, I hope life improves for you soon.

L

[Park City Partner]

I am sure there will be many people who are going to disagree with me but I think you should contact NZIS and let them know what is going on. Remember that guy last year that switched jobs, never told immigration about the change and ended up getting deported? I think you are better off being proactive then living on the edge, establishing yourself even more here only to have issues down the road. Additionally, there may be steps you could take now (i.e. work status etc) to ensure you won't have problems down the road. Just my opinion but I would rather know for sure now then later.

[Howie]

Thanks everyone. I will contact NZIS and see what they say. I'm actually not too concerned because it sounds like worst case scenario is that I might not be able to leave NZ to travel for one year. Also, I have a job on the skills shortage list and enough points for PR on my own, so I can't really see this causing too much of a problem.
Thanks again.

[Howie]

OK, here's what NZIS said. I can apply for the IRRV on my own when the time comes and the application will be reviewed on a case by case basis. He said that since I have a job I shouldn't have anything to worry about but couldn't guarantee that at this time. So it sounds good and I have a year before I need to worry about it anyways.

[Ana&Steve]

Thanks for the update. I was wondering how you were doing, good luck with everything!:)
Ana

[tigerlily]

I'm really glad there's a way for you.