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Can i remarry in another country w/o taking divorce?


16-Jun-2023 (In Divorce Law)

Please tell me the procedure for a PR in New Zealand. I also wanted to know can I re-marry again in New Zealand. I am already married and I have not taken a Divorce.

 

Is it still possible for me to marry there again?

 

Answers (1)

Answer #1
388 votes

You can apply for a permanent resident Visa after you have held a resident visa for 2 years without interruption.         

There are different pathways to choose from when applying for a Resident Visa:

1. Skilled Migrant Category

2. Business Migration

3. Investor Migration

4. New Zealand Skilled Migrant Category

New Zealand Skilled Migrant Category allows all foreigners with essential skills to migrate and settle in New Zealand permanently.

This program is a points based scheme that allows you to work in New Zealand with access to complete Labour market. The SMC residence visa is granted for 24 months initially and can be converted to a PR with ease after successfully settling in New Zealand. This is a family visa where you are eligible to apply for your spouse and dependent children for a residence along with your application. You can get your Citizenship after 5 years following your New Zealand residence status.

Skilled migrant category Residence visa:

Skilled migrant category visa is the residence visa granted for skilled professionals with intent to settle permanently in New Zealand.

To apply under the Skilled Migrant Category New Zealand, you must meet the basic requirements. You need to be aged 55 or under. You also have to meet the NZ standards of health, character, and English language proficiency before you start the process.

Eligibility:

An applicant must meet at least 100 points to get automatically selected from the pool , where the selection process will be held every fortnight.

Points can be granted on various factors like Age, skilled employment or Job offer from NZ, recent work experience in an occupation as per Long-term skills shortage list, Spouse Job offer, Spouse qualifications, Family or close relatives in New Zealand.

Application process:

Basic Requirements to apply:

To apply under the Skilled Migrant Category New Zealand, you must meet the basic requirements. You need to be aged 55 or under. You also have to meet the NZ standards of health, character, and English language proficiency before you start the process.

Expression of Interest:

This is the first step towards making an application. If you qualify and meet the required threshold points of 100-140, you can submit an Expression of Interest (EOI), in which you claim points for skills, experience, and other factors.

Business Migration.

Experienced business people wishing to purchase or establish a business in New Zealand can apply for a work visa under the Long Term Business Visa Category and then apply for residence under the Entrepreneur/Entrepreneur Plus policies.

Long Term Business Visa.

This category is suitable for business people who are interested in establishing a business in New Zealand.

Applicants under this policy are aiming at obtaining residency while being self-employed rather than looking for employment.

Self-employment is defined as lawful active involvement in the management and operation of a business in New Zealand, which the applicant has established or purchased, or in which he or she has made a substantial investment.

Applicants need to:

1. have completed a business plan that meets the requirements for their business proposal.

2. have business experience relevant to their business proposal.

     

3. have not been involved in bankruptcy.

4. have not been involved in business fraud.

5. have obtained professional or occupational registration in New Zealand if registration is required for operating the proposed business.

6. have, in addition to investment capital, sufficient funds for their maintenance and that of their families.

7. meet Health and Character requirements.

8. meet the minimum standard of English.

9. demonstrate that they are genuinely interested in establishing the business in New Zealand.

Successful applicants will be granted multiple entry work visas and permits for periods of up to three years.

During the duration of the Long Term Business Permit the applicant will establish the business in accordance with the business plan and follow up with a residence application under the Entrepreneur Category, which will ultimately result in a Residence Visa.

Entrepreneur Category.

The Objective of the Entrepreneur Category is to attract migrants who can demonstrate that they have been actively participating in business and contributing to New Zealand's economic development.

Applicants in the Entrepreneur Category are required to demonstrate that

1. they have successfully established a business in New Zealand while holding a permit granted under the Long Term Business Visa Category,

2. the business has been established on the basis of a business plan under the Long Term Business Visa Category,

3. the business has required the same or a greater level of capital investment as stipulated in a business proposal in respect of which the applicant was granted a Long Term Business Visa,

4. the applicant has relevant experience for the new business and

5. the business is benefiting New Zealand.

Further requirements are:

1. Businesses established in New Zealand must comply with all relevant employment and immigration law.

2. Principal applicants and their partners and children must meet the minimum standard of English.

3. Principal applicants and their partners and children must meet Health and Character Requirements policy.

Family Migration:

If members of your family are already residing in New Zealand and you wish to join them, a Residence Application under the Family Category might be an option for you:

1. Partnership policy allows partners of New Zealand citizens and residents to apply for residence in New Zealand.

Partnership is defined as a legal marriage, civil union or de facto relationship - whether opposite or same sex.

Partnership policy applicants must provide sufficient evidence to prove that they have been living together for 12 months or more in a genuine and stable partnership with a New Zealand citizen or resident.

2. Parent policy enables parents to join their children in New Zealand.

Parents qualify under this policy if they have no dependent children and all of their adult children are lawfully and permanently outside the country in which they reside.

Parents must be sponsored by an adult child who has been a New Zealand resident for at least three years.

3. Dependent child policy allows children to join their parents in New Zealand.

Applicants may qualify if they are up to 24 years old with no children of their own, single and totally reliant on their parents for financial support.

4. Sibling and adult child policy - no longer available.

5. Inter-country adoption  - If a New Zealand resident or citizen legally adopts a child overseas, they may apply on his or her behalf.

Residence from Work:

The objective of the Residence from Work Category is to enable the grant of residence class visas to people whose talents are needed by New Zealand employers, people with exceptional talent in a field of art, culture or sport and people working in areas of identified absolute occupational shortage in New Zealand.

The criteria for an application under this policy are complex. Just to name a few:

Applicants:

1. must have held a work visa for at least 24 months under this specific category,

2. must have worked in New Zealand for at least 24 months for an accredited employer and a minimum base salary,

3. must have been actively involved in their declared field of art, culture or sport and are sponsored by a New Zealand organisation of national repute,

4. must have been employed in New Zealand in a profession which is included in the Long Term Skill Shortage List.

New Zealand Immigration Concepts a team of Licensed Immigration Advisers will assess your chances of obtaining the visa relevant to your plans for New Zealand and guide you through the process of your visa application.

With respect to your other query, you need to obtain a divorce to get married.

Kindly contact us for any further details and action.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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