Navigating visa regulations can be daunting, especially for families considering moving to a new country. For Indian families eyeing New Zealand as their next home, understanding the work rights of spouses on dependent visas is crucial. This blog explores whether a spouse can work in New Zealand depending on the type of visa held by the primary visa holder.
Visitor vs. Work Visa
In New Zealand, the type of visa you hold significantly influences your rights and opportunities. Visitors entering the country on a visitor visa typically have no work rights. This visa is meant for tourism or short-term visits and is not suitable for those seeking employment. On the other hand, a Work Visa grants the spouse of the primary visa holder the ability to work, depending on the visa that they have been granted. For families considering long-term relocation, it’s essential to understand that the ability of a spouse to work will hinge on the visa category of the primary applicant.
Work Visa Based on Partnership
A work visa based on partnership allows spouses of individuals holding specific work visas or residence visas to work in New Zealand. This arrangement acknowledges the significant role of family unity while recognizing the contributions that spouses can make to the workforce. Eligibility for this type of visa typically depends on the status of the primary visa holder, including whether they are a temporary worker, a student, or a New Zealand citizen or resident. If the primary visa holder has a work visa based on their employment in New Zealand, they have a student visa or they are a New Zealand citizen, then the spouse may qualify for a dependent work visa, enabling them to contribute to the family income and integrate more fully into New Zealand society. However, there are a lot of factors under each visa category that would determine whether the primary visa holder can sponsor the work visa for their dependent spouse. With a work visa based on partnership, the spouse can also study for up to 3 months during their stay in New Zealand. However, a point that needs to be noted is that this visa would not allow the couple to bring their dependent children with them. For that, they would have to apply for a separate visa category for dependent children.
Types of Work Visas Based on Partnership
There are several categories of work visas available based on the partnership status of the applicant, each with its eligibility criteria.
1. Partner of a Worker Work Visa
This visa category is designed for spouses of individuals holding a valid work visa in New Zealand. To qualify, the primary visa holder must have an employer-sponsored work visa, an essential skill visa, or a work visa tied to a specific job. The spouse can apply for the Partner of a Worker Work Visa, which allows them to work in any job, across various sectors. This option is particularly beneficial for those looking to join their partner while also pursuing their career aspirations in New Zealand. However, whether the spouse is granted an open work visa or work visa with conditions would depend on the salary and kind of job that the primary visa holder is employed in.
For instance, if the primary visa holder is working in a Green List role then they can sponsor an open work visa for their spouse. In order to be able to support a work visa with conditions for their spouse, the primary visa holder would need to meet specific criteria for that visa. The duration of a New Zealand spouse work visa when their partner is a worker there would be as long as the worker’s work visa.
2. Partner of a Student Work Visa
For those whose partners are studying in New Zealand, the Partner of a Student Work Visa is available. This visa allows the spouse of an international student to work while their partner is engaged in full-time studies at a recognized institution. To qualify, the primary visa holder must be enrolled in a program that is at least 12 months long and leads to a New Zealand qualification. So to be able to sponsor a visa, the student would need to be studying a level 7 or 8 New Zealand qualification that either is part of the Green List or a qualification that is eligible for a post-study work visa. If the student is studying any level 9 or 10 degrees, they are allowed to sponsor a work visa for their dependent spouse. This visa not only facilitates financial support for families but also helps spouses gain work experience in the local job market, which can be invaluable for future employment opportunities. For this visa as well, the spouse work visa would be active as long as the student visa is eligible.
3. Partner of a New Zealander Work Visa
This category is specifically for spouses of New Zealand citizens or residents. If your partner is a New Zealander, you can apply for a Partner of a New Zealander Work Visa, allowing you to work in any capacity while residing in New Zealand. This visa reflects the country’s commitment to supporting family connections and ensuring that spouses can actively participate in the community and economy. The duration of the visa that would be granted to the spouse would depend on how long the couple has lived together. If they have lived together for more than 12 months, the spouse would be granted a work visa for 2 years. In case the time they have spent living together is less than a year, the work visa granted to the spouse would only be for 1 year. If the spouse wants to continue living and working in New Zealand, then before the 2-year period ends, they can apply for a residence based on their partnership.
Application Process
The application process for these work visas based on partnership can vary, but there are general steps to follow. First, applicants should determine their eligibility based on the primary visa holder’s status. Once eligibility is established, the next step is gathering the necessary documentation, which typically includes proof of the relationship, such as marriage certificates or evidence of a long-term partnership, as well as the primary visa holder’s documentation. It’s crucial to submit a complete application to avoid delays or rejections. Therefore, thorough preparation is key. Additionally, consulting with an immigration advisor can provide tailored advice and ensure that all requirements are met, making the process smoother for both partners.
Understanding the visa options available for spouses wanting to work in New Zealand is essential for families planning to relocate. Whether through a Partner of a Worker Work Visa, a Partner of a Student Work Visa, or a Partner of a New Zealander Work Visa, there are avenues available for spouses to gain employment and contribute to the family and community. By assessing individual eligibility and consulting with immigration professionals, families can navigate the complexities of the New Zealand immigration system more effectively.
West Highlander Immigration – Top Consultants for New Zealand Spouse Visa
When applying for a New Zealand spouse visa, it’s crucial to work with a Licensed Immigration Adviser (LIA) to ensure your application is handled properly. LIAs possess the required expertise and authority to assist partner visa applicants and are well-informed about the latest Immigration New Zealand policies. If you’re considering applying for a New Zealand spouse visa, West Highlander is here to help. Our Director, Ms. Parwinder Kaur, is a qualified LIA with extensive experience in guiding clients through the application process.