What is our best option?

[silkymayhem]

Hello!

Firstly, I would just like to thank anyone who has put the time and effort into just reading this, let alone replying. It is a very kind thing to do.

My matter is regarding me and my partner, She is from New Zealand, I am British. We have only been together a few months, but it is likely we will get married, as we are very happy together. However, we face an obstacle. In August, her work visa expires.

What is our best option to ensure that we can be together? We are both pretty poor but do want to live and work together. Is it easier in our situation for me to go back to New Zealand with her?

We are both worried that these imaginary lines and ways of our weird world are going to keep us apart. We both have little knowledge on immigration. Perhaps we should be contacting a solicitor?

Thanks so much!

[Casa]

Do you jointly earn a minimum of £18,600 per annum and will her work here continue if she switches to a spouse visa? Exactly what category of visa does she currently hold?

[silkymayhem]

Do you jointly earn a minimum of £18,600 per annum and will her work here continue if she switches to a spouse visa? Exactly what category of visa does she currently hold?

not at the moment, as she is travelling at the moment and I have just finished an internship. But we are both qualified people so If we found work I'm sure we would be earning that much. She has a 2 year working holiday visa.

[Casa]

In which case, unless you can show you (as her sponsor) have been earning a minimum of £18,600 for at least 6 months, an application for a spouse visa (if you marry) would unfortunately be rejected.
I haven't mentioned topping up with savings (a minimum of £16,000 held for 6 months) as you say at present you're both 'quite poor'.

[silkymayhem]

In which case, unless you can show you (as her sponsor) have been earning a minimum of £18,600 for at least 6 months, an application for a spouse visa (if you marry) would unfortunately be rejected.

thanks! So am I right in thinking the best option is for me to get a working holiday visa and go to New Zealand with her?
Also, is it possible for family of mine to represent the sponsership? As people in my family would be able to help with that.
If I were to go to New zealand, I am assuming I would have to go on a working Holiday visa? Which I am assuming doesnt fall under the 6 months at £18,600?
Also, how are you expected to prove this income?

Sorry for all the questions, I really do appreciate it! You are really the most help I have found on this so far!

[anniecc]

As one half of a kiwi-UK couple with experience of both immigration systems, I suspect you will find it much easier to get a visa for NZ than your gf will to stay here. If you're under 30 you should be able to qualify for a NZ working holiday visa. For work permits/route to residency NZ operates a points-based system similar to the UK - you get more points if you are young, well qualified, have a job offer etc. I’m not aware of any equivalent to the £18,600 rule that exists in the NZ system, but I suggest you check out one of the website forums that specialise in immigration to NZ to learn about the specific requirements.

If you want to stay in the UK your options are limited as your gf's visa won't allow her to switch in country, other than to the spouse/partner category, where you'll need to meet the income requirement already mentioned. It has to be your income as the sponsor – members of your family can’t help. The only other option would be for your gf to find a company that is willing to sponsor her for a Tier 2 work visa (which will be difficult unless she has specific skills/qualifications), but she’d need to go back to NZ to apply for this visa.

[silkymayhem]

As one half of a kiwi-UK couple with experience of both immigration systems, I suspect you will find it much easier to get a visa for NZ than your gf will to stay here. If you're under 30 you should be able to qualify for a NZ working holiday visa. For work permits/route to residency NZ operates a points-based system similar to the UK - you get more points if you are young, well qualified, have a job offer etc. I’m not aware of any equivalent to the £18,600 rule that exists in the NZ system, but I suggest you check out one of the website forums that specialise in immigration to NZ to learn about the specific requirements.

If you want to stay in the UK your options are limited as your gf's visa won't allow her to switch in country, other than to the spouse/partner category, where you'll need to meet the income requirement already mentioned. It has to be your income as the sponsor – members of your family can’t help. The only other option would be for your gf to find a company that is willing to sponsor her for a Tier 2 work visa (which will be difficult unless she has specific skills/qualifications), but she’d need to go back to NZ to apply for this visa.

Thankyou so much for you help. I thought it would have to be that way. New zealand it is then! Seems like a nicer country anyway!