# need help with nz immigration



## tyjones (Jul 25, 2013)

can any one one help me on this and is this the right thing to 

section 61
I am writing this letter in order to explain why I am in New Zealand illegally. I arrived in New Zealand in October 2010 on a partnership Visa. I arrived to New Zealand with my partner, who is a New Zealand citizen, who I have a child with.
First time I was going to apply for a resident Visa 7 month after I had been in New Zealand. I called Immigration NZ and the immigration officer said to me that my criminal record check was only valid for 6 months and had to live in New Zealand for 1 year. I thought it was valid for 2 years so I asked him if he was 100 % correct and he said Yes.
Second time I called NZ Immigration 1 year and 4 months (approximately) later to extend my partnership Visa and an officer told me that my criminal record had run out by 4 days. She told me that 1 month before my Visa expires come in to the office fill in your paper work and get the criminal record sent to us. So I phoned the office one month before my Visa was due to run out and another officer told me that that they can not accept my application because I need my criminal record to put in with my application. Then I called Immigration 3 weeks before my partnership Visa was due to expire and told the office who was called Amy that my criminal record check is not going to come through by the time my Visa expires. She told me that there is not much I can do and I should wait till last day my visa expires and if my criminal record check has not come in the post I need to apply for a Partnership visa again and write a letter why my criminal record is not included because I had been given wrong information many times.
72-48 hours before my visa expired I had an argument with my ex partner and she told me that she was going to call the police and tell them that I held her against the wall and threatened to hit her and I would never see my son again with one phone call to the Police. I ended the relationship through fear. I then phoned up Immigration to find out how much a business visa was. I was told that it was 380 dollars. I thought it was cheap so I asked him if he was sure 100 percent and he put me on hold and told me he would get back to me in one moment. When he got back to me he said Yes it is 380 dollars. 2 to 3 days before my visa run I filled in all the paper for a Business Visa and took it the office and was told that I had to pay 3600 dollars. I was misinformed again. I could not get a business visa. One day before my visa run out I phoned Immigration and asked if I could get a skilled visa as I have been a Carpenter for 15 years and a lady told me that I need an NZ equivalent qualification which I didn’t have. So at that stage I couldn’t apply for anything. The best she could offer me was to go back to UK and come back in 15 years time when my son is 18 and he can sponsor me. I went to Immigration office to see what my options were and they told me that I need a sponsor to stay in the country. I didn’t have anyone to help me. My ex girlfriend decided to help me. And she did. So my Visa was extended for another 6 months.
I didn’t call immigration for almost 6 months because according to what I had been told there was no other option for me to stay in the country. So the only option I had was to stay here under The united nations Convention on the rights of the child. I then called Immigration office 3 days before my Visa was due to expire and told them is there any chance I can get a work Visa as I have been a carpenter for 15 years but I don’t have a New Zealand qualification. The officer told me as long as I have 3 years experience then I can apply for a job. I was really surprised. That means I had been misinformed constantly and had been entitled to apply for my residency.
So now I am going to apply for a Resident visa and be here in New Zealand under The united nations Convention on the rights of the child. Also I would like to have an open Work permit because I am an experienced carpenter and unfortunately some employers take advantage of the employees who are waiting for a residency. 

So the reason I am here illegally is because I can’t find any one that knows any think to do with immigration the only person that knows what they are talking about is the girl Amy and the man I spoke to 3 days before my visitor visa run out
if i had told lies and not finished the relationship you would not know no different and i would have my residency now but as i have been so honest i have not done my self any favours.

i am only fighting you because i have a son here and every child has the right to family life with both parents as you will see when you copy any paste this link. i get my son every week end from friday 6pm to monday morning.


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## slare (Jun 3, 2013)

I'll be honest, if you are saying that have to give you "residence" solely because you have a son in the country with a nz citizen it probably, won't get you very far as a child doesn't necessarily need a father and a mother.

Just, saying there was a article a couple of years back someone tried to stay in the country based on having a child here, in the end he ended up being deported.

I'm sure people more experienced on the forum will come along and help you with your query though.


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## escapedtonz (Apr 6, 2012)

Hi,

Not sure what we are trying to achieve here ?

You were here in NZ on a partnership visa based on the fact you were in a relationship with an NZ citizen.
Now you are no longer in that relationship, you don't meet the criteria for that visa.
You would have become illegal the moment the relationship broke down, not at the time of via expiry.
Doesn't make any difference whether you have children as you don't become eligible just because you have children here. That visa is based on a partnership which doesn't exist now.
So at the moment your visa has expired yes ?.....and you don't have any legal right to stay in NZ yes ?
If you also have no visa and are working, you will be working illegally yes ?
I assume you have to support yourself somehow.

What sort of partnership visa did you apply for at the beginning ? Why didn't you go for Residency via the family stream. You would have got Permanent Residency if you had proved you had been in a relationship longer than 5 years.

Sympathise with your predicament but in all honesty I doubt anyone on here can help and we surely can't advise you what your best course of action would be or whether the course of action you are proposing to take is correct.

I'd say your best plan is to see a lawyer, solicitor or Immigration advisor here in NZ to see what your options are. Maybe not the best idea to approach Immigration directly ?
If you stay illegal you just make yourself more of a target for deportation.


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