# Moving to NZ with my partner



## WolfieTed (Jan 9, 2014)

Hi guys & girls,

I'll get straight to the story! 

I have a beautiful girlfriend with whom I live, and have done for the last 7 months or so. I moved from England round a bit, spent time in the Philippines and have spent the last 3 years here in Australia, 2 years on WHM visas, and one year on a 457 Work Permit. The problem is that the company I was working for has folded and I now only have 90 days to sort something out?! We can't apply under the DeFacto category in Aus because we haven't been living together for the past 12 months :/

So we had a chat and decided that we have always thought of NZ and after loads of looking and reading it seems like a great place to be. And it will allow us to stay together, which is number 1 on my list! I would live in a sewer if it meant staying with her, and she has said the same.

Now here is the main part of the question.

She is an Aussie born, Aussie passport holder. I am a British passport holder. 

From what we were looking at we can apply for a family stream visa.

The problem is, does she need to apply for a visa first, as an Aussie? I assumed (a dangerous thing) that there might be a way for us to square away all the visas before we left so that I could start looking for work right away.

Can someone help me work out the best way to get this all done?

Thanks in advance!

Ted


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## WolfieTed (Jan 9, 2014)

I know we will only get a provisional 1 year visa as we have not been living together 12 months.

That's fine by us! We just want to get settled and live together.


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## escapedtonz (Apr 6, 2012)

WolfieTed said:


> Hi guys & girls,
> 
> I'll get straight to the story!
> 
> ...


Hi,
Welcome.

Your partner is the easy one to explain.
Since she is Australian born n bred, an AUS citizen and passport holder she can come to NZ whenever she likes to live, work, holiday, study, live on the beach, anything she likes..............and also be eligible for NZ benefits etc.
She does not require a visa to enter NZ as her passport is sufficient. There are some requirements she has to meet with regards to her police record but I'm assuming she's clean on that score 

You're the difficult one! We British are such awkward bar stewards eh! 

In Australia on a 457 Work Permit and your employer has folded, so not only are you losing your job, you are also losing your sponsor for the work permit, so I assume you will be ineligible to stay which is why you mention you have 90 days to sort something out.

To come to NZ and join your partner here, you cannot (yet) apply via the family stream.
First off your partner must come and live here in NZ and state she is going to make NZ her permanent home.
Then after 12 months, she would become eligible to sponsor you or support you in your Residency Visa application via the family stream to come and live/work in NZ.
The one issue here is that you will have difficulty proving your relationship as you wouldn't have been able to live together for 12 months or more and more importantly the 12 months prior to the application (as you will be seperated with you living in AUS or elsewhere and your partner in NZ).

I feel you have 3 options......

(1) Get another job in AUS so that your new employer can sponsor you on the 457 Work Permit or a new 457 Work Permit, which will allow you to stay in AUS for another 3 years (as you've already been on this visa 1 year - max 4 years). You then have time to re-evaluate your position.

(2) Somehow try and get a residence class visa in AUS before you have to leave - pushing it in 90 days I expect and you may not be eligible ?
If you got AUS Residency, this will allow you the individual right to come and live/work in NZ just like your partner.
This may require you to do (1) above first, so you have enough years in AUS or enough time to get the residency status in AUS.

(3) Obtain your own individual visa that gives you the right to live and work in NZ. This will probably mean you need to land a skilled job here in NZ first which will allow you then to get a Temporary Work Visa or a Work To Residence visa. To do this the employer must be recognised by Immigration NZ (an accredited employer).
If you secured a job and a temporary visa for NZ, this then allows you time to re-evaluate your position when in NZ, where you can bide your time living with your partner, establishing your relationship over 12 months with a view to maybe applying for Residency as an individual or via the family stream in the future.

Hopefully if anyone else has any other ideas they'll chip in and advise.

Best of luck.


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## toadsurfer (Nov 27, 2009)

How old are you? If under 30 you could simply apply for a whv for nz, move here for a year with your girlfriend and make sure you live together (i.e. don't backpack around), then after 5 months apply for the Aussie de facto visa. 

Or if you qualify for Aussie pr on your own just go for that now and come to nz on a whv or go back to the UK for a bit or just go travelling while you wait for Aussie residency to come through. Australian pr is quick to be processed if you qualify and there are no unusual circumstances. I have Aussie pr visa and it took 2 months to be approved after lodging the application.


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## WolfieTed (Jan 9, 2014)

Hi Guys!

Sorry for the LOOOONG delay in replying!

We have been going like ferrets in a drainpipe organising, getting police checks done, sorting out furniture removals etc etc etc.

First off! Thanks for the assistance Escapetonz! I made a quick plight to a friend who it turns out deals with NZ immigration these days! And she was nodding away as I quoted what you said! So my partner is going to go over to NZ and get the residency done, get a place for us to stay, open her bank accounts etc. Apparently as soon as she can demonstrate the intention to stay and show she has work, bank accounts and somewhere to live I can apply. So it will take about 3 months for me to get over there!

Toadsurfer (love the name) I'm 32, already considered the WHM. We have accepted that we will be apart for a two or three month minimum :'(

I'll try to update this thread to help anyone else in the same position in the future. In the interim wish us luck!!

:fingerscrossed:


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## Kimbella (Jul 4, 2013)

WolfieTed said:


> Hi Guys!
> 
> Sorry for the LOOOONG delay in replying!
> 
> ...


You could, in theory, come over sooner than 3 months on a visitors visa, then apply for the partnership work Visa when all your evidentiary ducks are in a row. The original plan was for me to come and visit, and this is the route I (successfully) took to residency. 

My husband (boyfriend at the time) was a kiwi, but in some ways my circumstances were extraordinary, because we had never even met in person when I moved here. I came to meet, visit, stay for an extended visit, and see how things went longish-term in person (I had an extended visitor's Visa with multi entry allowance). The plan was I would stay for a while initially (a month or two), fly back and forth as needed until we decided what our true long term plan was. After 3 months neither of us could bear the thought of me leaving. I applied for a partnership based work Visa which was granted, getting me through to the 12 month "together" mark, then I reapplied to transition through the 12 month mark into a residency Visa. Never had any issue with the legitimacy of our relationship being questioned. We supplied tonnes of communication we had from when we were apart, plus pics, receipts, joint bank accounts, etc., from our time together as a couple living together. 

If you went this route, however, you would have to provide immigration with banking information proving you have adequate funds to support yourself on the extended Visa. 

Cheers and best of luck!


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## WolfieTed (Jan 9, 2014)

Kimbella said:


> You could, in theory, come over sooner than 3 months on a visitors visa, then apply for the partnership work Visa when all your evidentiary ducks are in a row. The original plan was for me to come and visit, and this is the route I (successfully) took to residency.
> 
> My husband (boyfriend at the time) was a kiwi, but in some ways my circumstances were extraordinary, because we had never even met in person when I moved here. I came to meet, visit, stay for an extended visit, and see how things went longish-term in person (I had an extended visitor's Visa with multi entry allowance). The plan was I would stay for a while initially (a month or two), fly back and forth as needed until we decided what our true long term plan was. After 3 months neither of us could bear the thought of me leaving. I applied for a partnership based work Visa which was granted, getting me through to the 12 month "together" mark, then I reapplied to transition through the 12 month mark into a residency Visa. Never had any issue with the legitimacy of our relationship being questioned. We supplied tonnes of communication we had from when we were apart, plus pics, receipts, joint bank accounts, etc., from our time together as a couple living together.
> 
> ...


Now that is an idea I like! But the problem, I saw, was that I would technically be in violation of my visit visa, because I have full intention of staying with her. I did even consider applying for a visit AFTER we made the residency application, however that would cancel the original application and didn't work.

This has given me something to consider though for sure! I do worry a little about messing up my chances in the future by pi$$ing Kiwi immigration off, but being apart for 3 months is unbearable at this stage so I am willing to try just about anything!

Thanks for posting another possible route Kimbella!


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## Kimbella (Jul 4, 2013)

WolfieTed said:


> Now that is an idea I like! But the problem, I saw, was that I would technically be in violation of my visit visa, because I have full intention of staying with her. I did even consider applying for a visit AFTER we made the residency application, however that would cancel the original application and didn't work.
> 
> This has given me something to consider though for sure! I do worry a little about messing up my chances in the future by pi$$ing Kiwi immigration off, but being apart for 3 months is unbearable at this stage so I am willing to try just about anything!
> 
> Thanks for posting another possible route Kimbella!


Between you and me (and everyone else reading), it's only a violation if you tell immigration that you never intended to leave. In my case, I wasn't sure. The extended visitor's Visa with multi entry allowed me the option to return back and forth to the US if I wanted to, up until the point that Visa expired (it was a 9 month Visa). I did *not* fly back to the US even one time before I applied for the partnership work Visa. I applied for the work Visa 3 months after arriving on the visitor's Visa. There was still 6 months left on the visitor's Visa at that time. We submitted testimonials essentially explaining that the visitor's Visa was intended to allow for long visits in order to be together to gauge how well our relationship was going, and allowing me to fly home any time I wanted, but it turned out, after 3 months, we knew we couldn't stand to be apart any further. INZ seemed fine with that--we did have to submit lots of paperwork--shared bank account info, mail addressed to us at a joint address, tonnes of pics exploring NZ together, etc. The work Visa was granted in less than 2 weeks. In your case, you could (theoretically) state that your extended visitor Visa was intended to allow you to help your fiancée settle and transition into NZ life, and you intended to return to (wherever) and await the next step in the Visa process, but once it became apparent what an amazing place NZ was, you and fiancée couldn't bear to remain apart while she explored and discovered such a lovely and amazing place (immigration loves to hear how awesome immigrants find NZ to be). 
Anyway, just a thought. I'm not advocating dishonesty, just suggesting that you could potentially work around the 'intention' part by having good intentions in helping her "settle" then falling in love with NZ upon your arrival--and never wanting to leave--surely INZ can't hold you at fault for that!


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## WolfieTed (Jan 9, 2014)

Kimbella said:


> Between you and me (and everyone else reading), it's only a violation if you tell immigration that you never intended to leave. In my case, I wasn't sure. The extended visitor's Visa with multi entry allowed me the option to return back and forth to the US if I wanted to, up until the point that Visa expired (it was a 9 month Visa). I did *not* fly back to the US even one time before I applied for the partnership work Visa. I applied for the work Visa 3 months after arriving on the visitor's Visa. There was still 6 months left on the visitor's Visa at that time. We submitted testimonials essentially explaining that the visitor's Visa was intended to allow for long visits in order to be together to gauge how well our relationship was going, and allowing me to fly home any time I wanted, but it turned out, after 3 months, we knew we couldn't stand to be apart any further. INZ seemed fine with that--we did have to submit lots of paperwork--shared bank account info, mail addressed to us at a joint address, tonnes of pics exploring NZ together, etc. The work Visa was granted in less than 2 weeks. In your case, you could (theoretically) state that your extended visitor Visa was intended to allow you to help your fiancée settle and transition into NZ life, and you intended to return to (wherever) and await the next step in the Visa process, but once it became apparent what an amazing place NZ was, you and fiancée couldn't bear to remain apart while she explored and discovered such a lovely and amazing place (immigration loves to hear how awesome immigrants find NZ to be).
> Anyway, just a thought. I'm not advocating dishonesty, just suggesting that you could potentially work around the 'intention' part by having good intentions in helping her "settle" then falling in love with NZ upon your arrival--and never wanting to leave--surely INZ can't hold you at fault for that!


I love it! It's a plan! A good plan! I can't bare to be apart from her to be honest. I just want to get over to NZ with her. She is relocating so that we can stay together anyway, the commitment level is trough the roof!

I think this is the way forward. And the truth is we may not like NZ (I very very very much doubt this, but you never know) so this is certainly a possibility. And if they give me any grief about applying for the visa, should i wish to stay in NZ, then I am more than happy to leave and apply out of country!

You may have saved 3 months of tears from my partner, and if so I owe you a debt of gratitude


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## WolfieTed (Jan 9, 2014)

One question though.

I can get 3 month/s on landing, no need to get a visa organised before.

Can I still switch from that type of visit to a partner visa? Being from the UK I can get 6 months, but people from the US and a number of other countries can get 9 month visas. Easier for Brits to visit, but not sure if it will allow the switch?


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## Kimbella (Jul 4, 2013)

WolfieTed said:


> One question though.
> 
> I can get 3 month/s on landing, no need to get a visa organised before.
> 
> Can I still switch from that type of visit to a partner visa? Being from the UK I can get 6 months, but people from the US and a number of other countries can get 9 month visas. Easier for Brits to visit, but not sure if it will allow the switch?


Not sure, the only part about that which I would caution about is the amount of time that leaves you to "be" in NZ, "settling" your partner, and the amount of time you will have left to apply for a different Visa (the partner Work Visa). In other words, 3 months isn't allowing for a lot of time to submit the work Visa unless you did it RIGHT away, which could raise eyebrows--know what I mean? For instance, if they ran you around a bit, your 3 months would be ticking away regardless... I like breathing room, but not everyone requires it like I do--I knew with my extended Visa I had at least 6 additional months left in NZ if they decided to decline my partner Work Visa, or needed me to collect further evidence. I don't know that having an "extended" visitor's Visa is any different in terms of getting a partner Visa approved--I can't see why it would be--it's just the time allowed that can be anxiety inducing. My first Visa was approved quickly, but there is never that guarantee. And, you'll still be required to have a medical, blood work, chest x-ray and police certificate done and submitted with the work Visa... my police certificate took a while to get from the FBI in the US. Again, in theory, these are things you could probably be coordinating now, and then submit to INZ that you were coordinating before you moved because you and fiancee knew that at some point you were going to immigrate and follow... you just couldn't wait to do it after arriving and experiencing beautiful NZ with your beloved fiancée ...


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## WolfieTed (Jan 9, 2014)

I was considering leaving it a month and then making the application. Police checks and everything would be arranged before hand! And I don't mind leaving the country while waiting for the approval if required, that way we only have to be apart for a month or so, rather than the 3 - 4 months we were looking at?!

Do you think that sounds about right?


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## Kimbella (Jul 4, 2013)

WolfieTed said:


> I was considering leaving it a month and then making the application. Police checks and everything would be arranged before hand! And I don't mind leaving the country while waiting for the approval if required, that way we only have to be apart for a month or so, rather than the 3 - 4 months we were looking at?!
> 
> Do you think that sounds about right?


Sounds fine! Hopefully they'll grant you a limited Visa and the process to residency will start rolling!


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## WolfieTed (Jan 9, 2014)

Kimbella said:


> Sounds fine! Hopefully they'll grant you a limited Visa and the process to residency will start rolling!


:fingerscrossed:

Thanks for ll the help!


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## Kimbella (Jul 4, 2013)

WolfieTed said:


> :fingerscrossed:
> 
> Thanks for ll the help!


I moved across the world for love, I know how important being together is. Fingers crossed for you over here, too!


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