Married or Partners

Nicola McAndrew · Posted: Sat Aug 14, 2004 9:30 pm Post subject: Married or Partners

Hi

Just wondered if anypone out there knows if it makes any difference if you are married or living with a partner, when applying for residency. We have read all the information, but do couples that are married get preference over couples in a stable relationship. We have lived together for 8 years, have one child together and have joint financial commitments. Neither of us is bothered one way or the other about being married which is why we have never got around to doing it.

I would appreciate any comments in answer to this slightly daft question, it seems to be all the little things that worry me. Hmmm

Nicola

N&S · Posted: Sat Aug 14, 2004 9:40 pm Post subject:

Hi Nicola

I don't believe they discriminate.

We are married and had to provide our marriage certificate. I think you simply have to provide some other form of documentary evidence when you submit your application that you have been together longer than 12 months.

A joint mortgage statement and childs birth certificate is fine.

Sadie

Raeven · Posted: Sat Aug 14, 2004 10:12 pm Post subject:

Hi, Nicola,

I agree with Sadie. I don't believe NZIS discriminate in any way between marrieds and valid partners. However, my understanding is that of late, even a marriage certificate for married couples is not considered sufficient to meet the 'ongoing and bonafide' relationship test. More and more people are using the partnership scheme as a means of gaining entry into NZ, and NZIS are looking harder at the validity of all partnerships -- married or otherwise -- in making their determinations.

My husband and I have had to go through all this with the US Immigration Service over the past several years, as he entered the US as my fiance. We then had to prove after 2 years that our relationship was continuing and valid -- the very same proof NZIS will want when we apply for my visa as his partner. Here's what we provided to US Immigration and what we plan to provide to NZIS as well:

- Copy of our marriage certificate;
- Bank statements of joint accounts held for a period of time reflecting the span of time they've been jointly held;
- Copies of any bills for joint responsibility, such as electric, phone, water, etc.;
- Copies of our wills, indicating each other named as beneficiaries;
- Copies of medical insurance elections, showing that I am covered under my husband's medical insurance plan;
- Copies of letters jointly addressed to us showing postmarks over a period of time;
- Photographs of us together with date stamp;
- 3 affidavits signed and notarized by friends of ours, attesting to the validity of our relationship;
- DVD of our wedding ceremony.

The last was mostly for a grin, but I figured no one could make this stuff up!! Other things you might use as proof could include copies of joint travel documents (itineraries, plane tickets), copies of any document indicating beneficiary status, such as retirement funds, etc. It was certainly true with US Immigration that there was no such thing as overkill, and I'm quite sure it's the same with NZIS. You can never provide too much proof. Interestingly, here in the US, the greatest store was put by the affidavits from friends. Don't know if it's the same in New Zealand, but we will definitely be providing those.

Hope these are useful bits of information to you!

All the best, Rae

N&S · Posted: Sat Aug 14, 2004 10:16 pm Post subject:

Hi Raeven

We've just submitted our final application for our pr visa and our case officer told us the a marrigage certificate and our childrens birt certificates would be plenty.

When you get your invitation to apply it lists the type of documents you can use as sopporting evidence. You don't need to provide a copy of every type though.

Gosh, the US is tough.

Sadie

Raeven · Posted: Sat Aug 14, 2004 10:54 pm Post subject:

Hi, Sadie,

Well, you are on the scene, so I will certainly defer to your recent experience!! I'm glad to hear it's not that onerous from the UK. We'll probably give them a laugh at the NZ Consulate here in Los Angeles when we submit our application!!

I'm aware you don't need to provide a copy of every type.. just my conditioning from all we went through here in the US.. what an education into the immigration process!! The difference between US Immigration and NZIS is shocking, frankly. In pursuing immigration for my husband here in the US, we never spoke to a live human being except during the interviews, for which we were "invited" -- meaning they send you a date and time to show up in Los Angeles, and even if your dear old auntie who raised you from birth is on her deathbed, you'd better not miss it! We live 4 1/2 hours away from Los Angeles; we occasionally found it challenging to get time off work on such short notice to appear when summoned. No matter. Be there or else! When you arrive, you join the hundreds of others in the line that stretches not once but twice around the building.. subject yourself to metal detectors, inspection of passports and all sorts of minor indignations.. talk about your huddled masses. In their defense, they process thousands.

When we were investigating our migration to NZ, we called the NZ Consulate in Los Angeles, expecting the Voice Mail Shuffle.. I was struck almost dumb with shock when a live human being picked up the phone and chirpily asked how she could help us! They've been great, answered lots of our questions and been truly helpful. We actually have the name of a person to ask for and her extension!

Like night and day!

All the best, Rae

N&S · Posted: Sat Aug 14, 2004 11:11 pm Post subject:

Hi Raeven

Human Rights, hey?

We're having a 5 day stopover in LA when we move out to NZ.

We land at LAX on 1st October.

Sadie

mattford · Posted: Tue Aug 17, 2004 4:48 am Post subject:

having a marriage certificate doesn't prove whether two people are in a genuine and stable relationship - it's all the other stuff they're looking for like evidence of living together, shared financial commitments, holidays together, children etc.

anyway, partnership as defined by the nzis doesn't only include same sex couples who can get officially married - all it says on the form is "A partner may be either legally married or in an interdependent partnership akin to marriage, opposite or same sex". what also counts is how long you've been living together. so i think they're making a point of saying that traditional heterosexual marriage is not sufficient! hurrah for nz immigration policy! (or maybe i should wait til i get my own visa before saying that Wink

)

interestingly, when getting letters of support from friends and family together, the letters from our parents made much more of the fact that we were married - as if confirming the fact that we are married is enough to guarantee that we are in a genuine relationship. the letters from our friends spoke about our emotional commitment but not predominantly in terms of marriage. things have changed from one generation to the next.

matt