Applying for PR from Australia... a few questions

[wigglest]

Hey everybody,

I’ve lurked a bit reading old posts but didn’t really find anything that mirrored my current situation, so forgive me if I dive in here asking questions that are really obvious!

I’m a Kiwi, and my partner of nearly 8 years is English. We’ve lived the last 5 years in Aust (Sydney), and we’re starting the process of applying for his Permanent Residency so we can move back to New Zealand.

I just have a few questions.

1. Timeframes. I get that there are no guarantees of timings, and realise the need to be patient in these types of situations (we had the same deal when applying for the Aussie visa), however I have read that getting PR from outside of NZ is often quicker than getting it if you are already in the country. Is this true? Can anyone in a similar situation to ours comment on the time it took for their visa to be granted?
2. Proof of relationship. Given that we’ve been living together for well over 12 months (more like 7 years), and we’ll have no trouble proving this through paperwork, do we also need to go the extra mile as far as providing other supporting documentation? For example, when we applied for the Australian visa we had friends and family provide Stat Decs talking about our relationship and how we met. Should we take this route? Or, would more informal letters suffice in this case? We also provided photographs from throughout our relationship, and printed itineraries from trips and holidays we have taken together. Should we do this again?
3. Migrant levy. Is the amount of this determined based on where you are arriving in NZ from, or by the nationality of the applicant’s passport? Anyone care to hazard an estimate for a Brit coming from Australia?
4. KiwiSaver and Australian Super. Anyone have any experiencing transferring Aussie superannuation to Kiwisaver? Did you do this prior to leaving Australia or wait until you were in New Zealand?

Thanks in advance for your help! Much appreciated.

[shawankit]

Few questions:
1 - Does your partner have Australian PR?
2- Have you looked at Temp NZ partnership visa ?
Link below:Partnership-Based Temporary Visa Guide - Immigration New Zealand :https://www.google.com.au/url?sa=t&s...kXr2TiBM8mWh7Q

[wigglest]

Few questions:
1 - Does your partner have Australian PR?
2- Have you looked at Temp NZ partnership visa ?
Link below:Partnership-Based Temporary Visa Guide - Immigration New Zealand :https://www.google.com.au/url?sa=t&s...kXr2TiBM8mWh7Q

Hello,

1 - No, he's currently on a 461 visa (NZ family relationship visa). Temporary 5 year visa. Its coming up for expiry end of this year.
2 - We did look at this, but thought since we plan to stay in New Zealand, we couldn't see any reason not to try for PR right off the bat. What would be the benefit of trying for the temporary one first? We are still very early on in the process, so open to suggestions.

[larrykiwi]

1. If you have lived away from NZ for more than 5 years and your partner has been living with you for more than 5 years. She can apply PR straight away and will be give priority in processing.
2. Since you and your partner have been living together for more than 5 years might as well give proof of that
3. Migrant levy is the same $310 a person for all except pacific islanders.

[wigglest]

1. If you have lived away from NZ for more than 5 years and your partner has been living with you for more than 5 years. She can apply PR straight away and will be give priority in processing.
2. Since you and your partner have been living together for more than 5 years might as well give proof of that
3. Migrant levy is the same $310 a person for all except pacific islanders.

Thanks Larry - very helpful

[shawankit]

okay , I thought temp partnership visa would be faster.
Regarding Australia Super to Kiwisaver transfer,
it would be easy irrespective of where you live and apply for transfer. Please do negotiate any transfer fees as some providers charge fee and other don't.

[wigglest]

okay , I thought temp partnership visa would be faster.
Regarding Australia Super to Kiwisaver transfer,
it would be easy irrespective of where you live and apply for transfer. Please do negotiate any transfer fees as some providers charge fee and other don't.

Thanks Shawankit, that's good to know too. Appreciate everyone's help

[wigglest]

Hi all, I just have another question in relation to this.

We are currently in the process of collecting police certs from all the countries we have lived in, and then we'll be thinking about the health checks etc.

In thinking about the PR vs temp residency issue. From what I've read, I understand the if the NZ citizen has been outside of NZ for 5 years and you've been living together as a couple for 5 years or more, you can go straight for PR. However, bearing in mind the multiple-month breaks we had (outlined above), I'm a bit concerned that he might not be able to go for PR straight away. This is due to the fact that in 2009/2010 we had a few months apart. Long story short, it was right in the thick of the recession in the UK, I was made redundant and couldn't get work so I left before him and went to Perth, WA. He followed five months later. Then when he came to Perth, he found it hard to get work in his field there so he moved to Sydney and I followed around 2 months later once I'd finished my work contract in Perth.

Does anyone have any insight on this? Apart from those few months, we have been living together solidly since January 2008. Does the five years need to be consecutive? During the time apart, our relationship was still 'genuine and stable', and it was solely financial and logistical necessity that we weren't together.

We thought about simply going for the temporary residency instead and then getting PR later, but if we can avoid it we would rather not go through the whole process again in another two years.

Thanks in advance for your help.
Steph

F2.5.1 Eligibility for a permanent resident visa for partners of New Zealand citizens living overseas
a. A principal applicant may be granted a permanent resident visa (RA1.5) if:
i. they meet all the other criteria for a residence class visa under the Partnership Category; and
ii. they have a New Zealand citizen partner who has been residing outside New Zealand for a period of at least five years at the time the application is made; and
iii. the couple have been living together in a genuine and stable relationship for at least five years at the time the application is made.
b. To meet the requirements of a(ii) above, the New Zealand citizen partner must either be
i. outside New Zealand at the time the application is made; or
ii. have been in New Zealand for less than three months after residing outside New Zealand for at least five years at the time the application is made.
c. For the purposes of these instructions, residing outside New Zealand means spending less than 3 months in New Zealand in each of the five 12 month periods immediately preceding either:
i. the date the application is made (if the application was made outside New Zealand); or
ii. the date the New Zealand citizen partner arrived in New Zealand (if the application was made in New Zealand.
d. Any secondary applicants included in an application where the principal applicant is eligible for a permanent resident visa under these instructions may also be granted a permanent resident visa (RA1.1).
e. Any applicants who do not meet the criteria set out in this section but who meet all other requirements of the Partnership Category should be granted a resident visa (RA1.5).

[larrykiwi]

So long as you can give a good reason why you lived separately from your partner for those periods:
F2.20.15b. http://www.immigration.govt.nz/opsmanual/i30880.htm

[Kanga]

Doesn't his Australian visa applied for on the basis of your relationship five years ago offer useful evidence?