The Partnership Pathway
Yesterday we had a Resident Visa approved for an applicant who is the partner to a New Zealand citizen…we do these all the time and in fact, if I had an area that I specialise in, it would probably be partnership-based applications. They are all unique, because relationships are unique and that’s probably why I enjoy them so much.
This particular application was similarly unique and had some challenges along the way, namely due to the age difference of the applicants (it shouldn’t be, but usually is a factor), the fact that when we started, the couple had never lived together and the usual challenges in securing the level of evidence that INZ tends to demand.
What stood out for me with this one however was the fact that when we started, we predicted the whole process would take 18 to 24 months to complete and Residence was approved two years and four days from the very first time, the NZ partner got in touch. We went through three separate steps to make all of this work, which is actually fairly common and it made me think, that for many would-be applicants, a bit of a summary of how these steps fit together, might make for a useful article - so here we are.
Step 1 - Visitor Visa
For many couples, considering the partnership pathway, the first major stumbling block is being in the same place for long enough (living together) to meet INZ’s requirements to even be considered as a partner. Many partners meet online or during an overseas holiday and whilst they might have spent a small amount of time travelling together or visiting each other, they haven’t actually accumulated any time formally living together as a couple. Considering INZ doesn’t count the periods “on holiday” as being equivalent to their definition of “living together”, the first thing we have to do is try and bring the applicant to NZ to be able to actually live with their NZ partner.
The Beginning
For many couples, the humble visitor visa is the first step to establishing a pathway to Residence as a partner.
Unfortunately INZ doesn’t actually offer a visa that allows for this specific purpose - the halfway point between meeting someone and being in a partnership (one that meets the visa criteria).
The only option for people in this situation is to either pursue a Work or Student Visa in their own right (securing a job offer or a course of study) or to consider using a General Visitor Visa to bridge the gap. For most, the Visitor Visa option is the most logical one, given it doesn’t come with the need to secure that job or spend significant sums of money on studying a qualification they may never need.
However Visitor Visas weren’t specifically designed for this purpose either, so its a bit of a round peg in a square hole. However if prepared correctly, with plenty of evidence to support the relationship being established and maintained over long distance, that Visitor Visa can be secured, enabling the partner to travel here and for the couple to move in together. Depending on where you are coming from that Visa might actually be the most important of the three steps involved, because without it, and the ability to actually live in the same place, steps one and two can’t happen.
Visitor Visas require all sorts of evidence of the applicant having something to return to (in their home country) and of course, that contradicts the overall plan under partnership, so filing an application like this, requires some very careful planning and preparation, particularly in terms of demonstrating the long-term objectives to secure for Residence and also showing that despite the distance, the relationship is genuine, stable and likely to endure. With step one completed, that then lays the foundations for step two.
Step 2 - Open Work Visa
With the Visitor Visa in hand, and the applicant heading to New Zealand to move in with the NZ partner, the next step is to work on building a case for a Work Visa, based on partnership. While this Visa requires a couple to be living together in a genuine and stable relationship, INZ does not place any specific requirement in terms of how long the couple need to live together.
In reality, it comes down to the quality of evidence, rather than the volume or in this case the length of time spent under one roof. For example a couple that have lived together for six months, but have no shared expenses, no joint accounts, very little public recognition of their relationship and no future plans are in a much weaker position than a couple with all of those things, who have lived together for just three months.
The Middle
Once your partner is in New Zealand and you can demonstrate you live together, the Work Visa comes next.
As a rule of thumb, I wouldn’t generally work with anything less than three months of “living together” evidence, unless there is a very good reason to do so. Within that three month period (and even before) we prepare clients to gather as much evidence as they can and to focus on gathering the right evidence.
10 photos taken in different locations and at different times, is far better than a 100 photos all taken at the same beach. Letters from friends and family dont always have to be lengthy, and in fact the shorter, but more interesting they are, the better. We once had a mum who didn’t approve of the relationship write a pretty scathing letter - however in doing so, she detailed the whole relationship from start to finish, showing it was absolutely real and very genuine. Quality of evidence, rather than quantity, during this phase is absolutely crucial. Interviews can be done by INZ, although these would usually be pretty rare and conducted over the phone. In-person interviews are even more rare and generally only done, where there are significant doubts as to the genuine nature of the relationship or a significant lack of evidence is available.
Of course if you have already been living together overseas, then you can skip straight to this step and if you have done so for 12 months at the time you apply for the Work Visa, it will be issued for a period of three years. If you have been living together for less than 12 months, INZ will issue your Work Visa for one year initially (you can get the other two years later on).
The Open Work Visa allows the partner to work anywhere, doing anything and helps to then set the scene for the third and final step, whilst also giving the time required for the couple to live together long enough for that step to take place.
Step 3 - Resident Visa
Eventually you will reach the grand finale and for this Visa, there are some definitive rules and criteria to meet. To apply for Residence as a partner you must have lived with your NZ partner for at least 12 months, prior to the application being made. This 12 months does not include any time spent holidaying together, so you have to be able to very clearly show that your living arrangements were formal and intended to be long term. There can be periods of separation within your relationship, but you have to have good reasons for these (work committments, study etc.) and be able to show that the relationship was maintained during these times.
The Finale
The last stage in the process, after living together for 12 months is to secure Residence of New Zealand.
As INZ is assessing you against the criteria for Residence and there is more at stake, the level of evidence required here, tends to be far more significant and much more closely scrutinised.
You obviously can use evidence supplied during the Work Visa process, but have to top it up with additional evidence covering the time since that Visa was approved up until you file the Residence application. On top of that INZ will usually ask for even more evidence when the case is eventually picked up and looked at (usually six or so months after submission) and you have to keep on top of that information, gathering it regularly. I often recommend keeping a folder or box, and every month, popping one or two items in it, ready to send to INZ when they request it.
In some cases (although it is rare), INZ will request an interview and usually this is done if there are concerns as to the relationship being genuine or there is a lack of evidence that an interview might help to solve. Interviews are usually always in-person and conducted with the applicant and partner separately. INZ tends to try and decide these applications based on the evidence that is provided, but if an interview is requested, it doesn’t always mean things are going wrong.
Given that as soon as Residence is granted, there is no further assessment of the relationship by INZ or anyone else, there is a lot more scrutiny placed on applicants and partners, during this process. Getting this right, not only in terms of the documents to provide, but also the timing and then keeping INZ updated with more evidence during the process, are all keys to a successful and hopefully painless outcome.
Want To Know More?
Partnership applications are often seen as a bit of an easy way in, given the only thing INZ is apparently looking at is the relationship and time spent living together - however they can be a lot more complicated than people first thing. If you haven’t lived together, creating the right pathway, and linking the various visas together is a really important process and ultimately getting that first Visa right, lays the groundwork for the Visas that follow.
There are also other hooks to be aware of, such as whether the NZ party in the equation has ever sponsored anyone else (you get to do that twice only), how long ago they might have sponsored another person and whether they have every been convicted of an offence of domestic violence. There are various rules, criteria and thresholds you need to be aware of and then of course proving your relationship sits on top of all of that.
The Turner Hopkins Immigration team have been assisting couples to make NZ home, for many years and I, myself have been doing this sort of work for over two decades. There is something very satisfying about working with a couple from near the beginning of their relationship to seeing them successfully reunited in NZ and then giving them ability to both live here together, forever.
If you find yourself in this situation (either as the NZ party or the applicant) why not get in touch, so we can assist you in mapping out the right partnership pathway for you.
Until next week…why not take a look at our more comprehensive guide, which also includes an overview of the partnership visa process.
