# Temporary visas



## Guest (Apr 2, 2013)

Greetings all, 

My info- hubby is NZ citizen, I'm american, 3 kids together, 1m, 24m, 3yr. I have a daughter from a previous relationship that would accompany us. Job offer start date 3 months time. Hubby has perm residency in America. 
I've consulted a lawyer (Ryken & Associates) who advises my family to apply for temp visa for me and 3 of the kids & student visa for my 15year old defendant (from prior marriage) and upon arrival in NZ apply for residency. This is too keep our family together as we aren't willing to be apart. We had to pass up a job offer in OZ last year because we didnt wish to split the family up... Any thoughts? Thanks so much!
Have any of you dealt with anything similar? We have been quoted a cost of 3-4k to do the temp and then 5k for residency.


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## escapedtonz (Apr 6, 2012)

ABear said:


> Greetings all,
> 
> My info- hubby is NZ citizen, I'm american, 3 kids together, 1m, 24m, 3yr. I have a daughter from a previous relationship that would accompany us. Job offer start date 3 months time. Hubby has perm residency in America.
> I've consulted a lawyer (Ryken & Associates) who advises my family to apply for temp visa for me and 3 of the kids & student visa for my 15year old defendant (from prior marriage) and upon arrival in NZ apply for residency. This is too keep our family together as we aren't willing to be apart. We had to pass up a job offer in OZ last year because we didnt wish to split the family up... Any thoughts? Thanks so much!
> Have any of you dealt with anything similar? We have been quoted a cost of 3-4k to do the temp and then 5k for residency.


My first thoughts.....

How is your hubby an NZ Citizen and where were the 3 kids you have together born ?
They may have a claim to NZ citizenship by descent.

Cheers


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## Guest (Apr 4, 2013)

Wow the words became jumbled when I wrote my post. For some reason only the first 2 lines show on the iPad when typing...

Anywho- my husband is a NZ citizen by birth. Kids were born in America and we were waiting to claim citizen by descent until all our children were born. Our youngest is 1 month and I had just started organizing the necessary paperwork when the job offer came. Not knowing what would be best I held back applying. Lawyer didn't advise on this matter.... Wants his $ first I suppose. 

Do you guys feel the visas are straightforward enough to apply without assistance? We would love to keep the 9k lawyer fees and use it towards moving costs- but hate to fumble things... 
We used a lawyer when my husband moved to the USA.


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## escapedtonz (Apr 6, 2012)

ABear said:


> Wow the words became jumbled when I wrote my post. For some reason only the first 2 lines show on the iPad when typing...
> 
> Anywho- my husband is a NZ citizen by birth. Kids were born in America and we were waiting to claim citizen by descent until all our children were born. Our youngest is 1 month and I had just started organizing the necessary paperwork when the job offer came. Not knowing what would be best I held back applying. Lawyer didn't advise on this matter.... Wants his $ first I suppose.
> 
> ...


Don't understand the lawyer reference - forgive me as your lawyer may be registered/authorised, but only authorised Immigration Consultants authorised by Immigration NZ can give emigration advice.
Is your lawyer authorised ?
$9000 seems awfully expensive. We paid around GBP 2500 for assistance with our Residency visa application for 2 adults and an infant via an Immigration company in Auckland - WorkingIn.

Ok so if your hubby was born in NZ, he is a true citizen so then there's no reason why you can't claim citizenship by descent for the three kids you have had together.
So long as you complete the right forms and provide the necessary documents I wouldn't think this is a difficult process and may be quicker than applying for a visa for them.
You could also make the government body in NZ who deals with citizenship aware that your husband has a job offer in 3 months and you would hope the citizenship to have come through for the children in time for this so they could travel as citizens just like your hubby.
No harm in pushing them.
Seems a bit daft putting them on your Temporary Work visa when you don't have to and their citizenship solves emigration issues for a total of 4 of your family.

This just leaves you and your daugher from previous relationship.

Since your hubby is a citizen you could apply for residency as a partner/wife of an NZ Citizen. Your hubby must support your application and shouldn't be too much of an issue assuming you meet the criteria and you are healthy etc.
Unsure if you could add your older daughter on to your Residency application, but I don't see why you cannot ?

If not, the same goes for your older daughter - she could apply for Residency as a Dependant Child of your hubby's even though she isn't a daugher by birth ?

Failing this you could just apply for a study visa for your older daughter, however she will have to have the offer of a place at shool etc etc - I'm sure you've read the requirements on the INZ website.

Not convinced you are being given the correct advice and please don't take what I say as a guarantee, as I'm no Immigration advisor. 
I only offer my personal opinion of the Immigration requirements/criteria and a bit of my own experiences.

In my opinion and with all the complications, you're going to find it hard to travel together unless you can maybe amend the job start date to give you more time. 3 months isn't a long time to process visas and citizenships etc.

I'm not considering a Temporary Work Visa as you will need a job to secure this visa and I'm thinking it will take more than 3 months to secure a post which in turn will allow INZ to issue you the Temp work visa.
Its the classic catch 22. 
You cannot be granted a Temp Work Visa without a job offer and you cannot get a job without a visa.

Clear as mud ?


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## Guest (Apr 5, 2013)

The 9k was for 2 sets of visas- so I figured the price was pretty typical for NZ standards?..... 
I have been in touch with an authorized consultant here in the USA- I'm awaiting her suggestions/fees on the matter. 
I also emailed the NZ immigration site and will see what they recommend. 
Ill make some calls when my husbands off work and able to keep the kids entertained- not an easy task with so many little ones.  

I was told the temp and student visa wouldn't take that long to process- the kids and I will fly out roughly 2 months after my husband starts work. So in 5 months time. 

I'm not needing a work visa- ill not be working for at least 7 years. 

Thanks for your response. Always good to hear an unbiased opinion. Especially from someone who's been through it all.


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## Guest (Apr 5, 2013)

As for the lawyer being authorized- I assumed being a firm they would have all the necessary licenses and what not. Perhaps its different in NZ compared to the states?... Ill check that out too.


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## escapedtonz (Apr 6, 2012)

ABear said:


> The 9k was for 2 sets of visas- so I figured the price was pretty typical for NZ standards?.....
> I have been in touch with an authorized consultant here in the USA- I'm awaiting her suggestions/fees on the matter.
> I also emailed the NZ immigration site and will see what they recommend.
> Ill make some calls when my husbands off work and able to keep the kids entertained- not an easy task with so many little ones.
> ...


Hi,

2 sets of visas....... Do you mean one set being the Temporary Visa and one set being the Student Visa ?

Really unsure about the advice you are being given is correct!

There only appears to be one area of Temporary Visas available and these are for Working Temporarily In NZ and give you a few options - e.g. A Temporary Work Visa will allow you to live, study (for 3 months per year) and work in NZ temporarily upto I think 30 months depending on the job you secure - but you must have a job offer to secure this visa or another example is the Silver Fern visa which allows you to come here for 9 months without a job but you must secure one in that 9 months then apply for a further visa. If you don't find work you must leave. These are only available online, 300 per year and open at the end of this month. These are snapped up in under 10 mins!!!

I cannot see another type of Temporary visa other than a visitor visa.

In all honesty (and only my opinion as I am not an Immigration advisor), if you don't intend to work, the only available visa for you is Residency as a Partner of your Citizen husband or maybe as a Parent/Guardian of your older daughter on a study visa but for this she must have a written offer of study from an NZ education establishment.

Have a look at http://www.dol.govt.nz/immigration/visaoptions which is an idiots guide to advice on which visa you could apply for.....as you can see there is no option for "Live" !

All a bit confusing to me.


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## Guest (Apr 5, 2013)

I believe it's the partnership based temporary visa. 
Did say there is a risk of being deported immediately/residency rejected. 
I'm not worried about that because I'm in good health and have loads of proof were in a genuine relationship. 
Think ill try contacting the lawyer in Auckland that you used.  can never be too sure I suppose.


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## Guest (Apr 5, 2013)

2 sets meaning the initial temp/visitor & student visas and then residency once we arrive in NZ.


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## Liam(at)Large (Sep 2, 2012)

What is your eldest daughters legal relationship to your husband and her birth father?


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## escapedtonz (Apr 6, 2012)

ABear said:


> I believe it's the partnership based temporary visa.
> Did say there is a risk of being deported immediately/residency rejected.
> I'm not worried about that because I'm in good health and have loads of proof were in a genuine relationship.
> Think ill try contacting the lawyer in Auckland that you used.  can never be too sure I suppose.


Ok yes the partnership based temporary work visa under the family stream seems to be a temporary work visa you can secure as the partner of an NZ Citizen without first proving you have a genuine offer of employment.
Shouldn't be too difficult as you say you are relatively healthy and have lots of relationship proof.
Yes if you do secure the temporary visa and are then refused residency when you apply from inside NZ you may be deported, but I'd say highly unlikely it will ever get to that.
Just hope you don't have any issues applying for a study visa for your eldest.

The Immigration company we used - WorkingIn aren't lawyers. They are authorised Immigration Consultants who's sole purpose is to assist people from all over the world migrate into NZ for a fee.
They don't do it all for you but it is good to have their advice on tap whenever you have any questions and they guide and advise you all the way.

I wish you good luck.


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## Guest (Apr 5, 2013)

Bio dad is still in the picture and he has authorized this move. Very amicable relationship. 
She is considered a dependent of my husbands- claims her on taxes/provides medical and dental insurance, supports her etc. 
I was hoping she would be claimed as my husbands dependent (similar to his bio kids i guess) by NZ standards - so she would be eligible for medical and schooling but that doesn't seem to be the case. Bummer that  

Do you suppose the advisors will be cheaper than lawyers? 

I wasn't aware the temp family visa was a work visa- hopefully I don't have to prove job hunting or anything. ;p lol


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## escapedtonz (Apr 6, 2012)

ABear said:


> Bio dad is still in the picture and he has authorized this move. Very amicable relationship.
> She is considered a dependent of my husbands- claims her on taxes/provides medical and dental insurance, supports her etc.
> I was hoping she would be claimed as my husbands dependent (similar to his bio kids i guess) by NZ standards - so she would be eligible for medical and schooling but that doesn't seem to be the case. Bummer that
> 
> ...


That's good. You will have to provide bio dads written authorisation for Immigration.
Yes it's a pity your daughter not considered a dependent of your hubby's to INZ but I suppose they have to draw the line somewhere.

Yes I'm sure Immigration Advisors are cheaper than lawyers. They certainly don't get paid the same ;-)

Yes the Family Stream temporary partner visa is a work visa but reading the details and requirements etc it doesn't seem to mention a person has to prove employment to get it ?


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## Liam(at)Large (Sep 2, 2012)

For you and his kids, it's very straight forward and wouldn't pay anyone anything. It sounds like your husband has been out of NZ for more than 2 years and you've been together a while. I would apply for citizenship-by-descent for the children (takes 3-4 weeks) and residence (family stream) for yourself, given the above parameters it should only take about a month as well (mine took 3 weeks via Washington)... For your other daughter, unless your husband adopts her, you might want to consult an immigration specialist, just to make sure you've got her sorted the best possible way.


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## Guest (Apr 6, 2013)

Wow that timeline would be awesome for us. <3 
Thank you both for your suggestions and experience- truly helpful! 

After speaking with a "full" advisor we opted to do the paperwork ourselves and have her check it over. 
Charge was $95 for this.... Better than 9k


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