2021 Resident Visa
SPECIAL - Number 3
November 2021
Greetings!
As Opening Day approaches for Phase 1 applications for the 2021 Resident Visa, we want to add to your knowledge of what to expect and what to think about if you are going to apply.

You can also have a look at our previous 2021 Resident Visa newsletters to get more background information.

Keep in mind that we are well-placed to put an application together. We have a networked set of firm RealMe accounts which give access to INZ Online where these applications can be made from 1 December.

Simon Laurent
Principal
Separated Partners
A common challenge facing many people is whether to include their married or de facto partner in their Residence application, but they have lived apart for several years because the partner is still in the home country. The long separation may make it difficult to prove that the relationship is still going. While the COVID-19 border and travel restrictions are acceptable reasons for a couple not to reunite in the meantime, this is still no guarantee that an application of this type will go through easily,

This creates two problems:

  1. Immigration may treat this sort of case as being more complex than others, because it may need to ask for more evidence or raise concerns about whether the partnership is still genuine and stable. This will slow down processing, possibly a lot;
  2. If the couple cannot convince INZ that they are still together, then the whole application could be declined. Remember that this special category is called the "one time" Resident Visa. That is, you only get one chance to apply.

One solution is to declare that you have a partner overseas, but don't include them in the 2021 Resident Visa application. This way, the application can be handled like other straightforward cases, and hopefully approved fairly soon. Once you are approved, you can separately start the Partner Residence application for your partner. One disadvantage of this strategy is that if the partner is included at the outset, they only need to do a Limited Medical Certificate, but if they could have been included but apply later then they have to do the full Medical.

There is an exception to the above plan, though: if the offshore partner has already got a temporary NZ visa, or has applied for one when you apply for the special Resident Visa, they must be included.

If you are unsure what to do in your own case, make an online booking for an appointment.
Interim Visas
We got some good news on Thursday. Immigration has extended the Interim Visa scheme to allow 2021 Resident Visa applicants to remain on a visa while they are waiting for their case to be decided. It is also available to partners and children who are included in the Resident Visa application.

This is important for people whose current Work Visa will expire in the next year or so. When that happens, a 12-month Interim Visa will in most cases be issued automatically - you don't have to apply for it, and in fact you can't. There is a warning here: whether or not an Interim Visa is granted is a matter for Immigration's discretion. We have seen cases where Interim Visas are not issued to people whose INZ file shows an Alert for having committed an offence or for having given false information in the past.

Under the existing Interim Visa scheme, people must have applied for a new temporary visa (like a Work Visa) in order to get the Interim Visa in the first place. This new policy is quite different because you do not even have to make an application for a further Work, Student or Visitor Visa in order to get the Interim Visa.