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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22831
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My husband was deported From Australia nearly 2 years ago

Customer Question

My husband was deported From Australia nearly 2 years ago back to Fiji. I was told I would be better applying to NZ as I am a NZ citizen for a spouse visa for him to go to NZ so that we can be together and move on with our lives
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: what is that mean?
JA: Has anything been filed or reported?
Customer: I haven't applied to NZ as yet. I am going over to Fiji next week and wanted to start the process
JA: Anything else you want the lawyer to know before I connect you?
Customer: No just to find out if we can apply for NZ spouse/work visa for my Fijian husband to be able to go to NZ, even though deported from Australia 2 years ago?
Submitted: 6 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 6 months ago.

he can apply for the partner visa, but he would need to be able to explain why he was deported from Australia and if necessary seek a character waiver. But you could only apply if you were living in New Zealand for a partner visa to live in New Zealand. This would not enable you to get a partner visa for him to joing you in Australia.

Customer: replied 6 months ago.
Thank you so much for getting back to me. So hard to find this sort of information. I'm trying to do things on own as I can't afford help on one income.
I was told by someone in NZ immigration as I am currently living in Australia and working and supporting myself and him and family in Fiji, that I can apply for spouse visa while living here but just have to write a letter explaining I'm living here for work and not together with him and give them a date when we are going to go back to NZ.
Who would I get a character waiver letter from for him if so need one? He has been back in Fiji nearly 2 years now. I
All I want is to be able to live together as a married couple and move forward. We had not long got together when he got deported even know I knew him for long time.
Expert:  Chris The Lawyer replied 6 months ago.

The real problem is that I do not believe the information about applying while you live in Australia is correct. If you lived in New Zealand you could make the application, and then moved to Australia but you would still need to face the issue of the deportation. That would be a separate issue with the Australian immigration authorities, because normally when you have been deported there is a standouown period before you can apply to re-enter, even if he had a New Zealand partner visa. The character waiver is just a statutory declaration about the circumstances under which he was deported. You would need to provide a proper explanation as to why the Australian authorities deported him.

Customer: replied 6 months ago.
We are not looking at all going to Australia once I apply for NZ visa. I am wanting to move home. Had enough of being in Australia. Plus my parents are elderly and I'm the eldest of my siblings do need to go home to look after them.
Sorry I think there confusion there. No I'm ready to go home hence why I am trying to prepare for this. Hoping to go back about June so this allows me to save a bit more money to go back with. Just trying to get things prepared.
It was more of whether his deportation which will be over 2 years by then would impact us getting him into NZ. If he were to go back to Australia he has to wait 3 years as I'm not Australian and never planned on being one at my age. Always had plan to go home. I don't get any benefits here
Expert:  Chris The Lawyer replied 6 months ago.

I understand, so you could apply for his visa in anticipation of returning. You will still need the explanation of the deportation however

Customer: replied 6 months ago.
OK. I know he tried applying for visa extension here as His wife passed away in Fiji leaving their 6 children and he was trying to provide for his children. He never even got to go to his wife funeral. Think that was cos her family put pressure on him to stay and send money back to support children.
It's so sad someone as humble as my husband got to go through all this trying go do well for his family and not getting anywhere.
And someone like my ex who is totally illegal and had a bridging visa to leave country in December 2013 and took off.
He still remains here walking around using women for money and trying to get papers and gave me herpes after being with countless women unbeknown to me. I reported him to Immigration 2 years ago and gave them everything they needed but obviously didn't care. He still here doing the same and doesn't care who he hurts.
So frustrating when my husband now is totally opposite sort of person.
But I'm sure we can get through this. I'm heading to Fiji next to see my husband and discuss our future options.
Expert:  Chris The Lawyer replied 6 months ago.

Those reasons should be useful in helping him get a partner visa, so that is the sort of explanation you need to provide

Customer: replied 6 months ago.
Thank you so much for your help. It has given me a bit of hope to start preparing for the application. It is the best info I have had so far.
Expert:  Chris The Lawyer replied 6 months ago.

Great, glad to help

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