Residence through Partner and Leaving NZ

[richkenny87]

Hi, just thought id ask the question as i think a few will probably know the answer here.

Im British and living in NZ with my NZ partner, later this year ill be applying for residence through partnership.
We are planning on going to work in Australia next year though, so are wondering how this will affect the nz residency?
Getting the NZ residency is more of a backup incase things go sour in Australia and we have to come back to NZ, so i can come back and carry on working straight away etc without having to wait for a visa.
Just wondering with us doing this, does it void the NZ residency in any way?

I understand if we come back after a year in Aus and only have say 6 months left on the nz residency, i will have to apply for a extension because we left NZ?
And then have to work on a resident visa for 2 years before can apply for permanent residency in NZ, if it comes to that?

Cheers
Rich

[ChrisMwn]

so when will you meet the 12 month living together requirement? You also need to factor in that an application, when lodged might take anywhere from 1-9 months to be approved. There is no reason why you couldn't travel overseas while the application is under process, but you'd need to keep INZ updated with where you are living and evidence that you are together. If it was approved while you were out of NZ, you would then have 6 months to provide your passport for visa issue, then 12 months to arrive in NZ, so that might work in your favour? Will you have issues going to Australia though, or are you going on a WHV, and your partner as a NZ citizen?

[richkenny87]

For Australia I would be applying for a 5 year temporary visa by being In de facto with my NZ citizen partner.
We are really wanting to give Aus a good go, but the residence for NZ is more of a fall back incase we dont find work or decide to return to NZ.
Im currently on a work to residence visa through my accredited employer, but i can apply for residence sooner (in a few months) through my partner.
Otherwise i will have to wait until August 2017 to be able to apply for residence through my employer, but we want to go to Aus sooner than that.

What i understand is if we return to NZ before the travel conditions on my residence visa would expire, i would still be a resident and can continue working? I would just have to apply for a a further condition to say, go on holiday abroad? etc.

thanks for the reply

[ChrisMwn]

You haven't got a residence visa, it's a work visa. If you leave your employer/employment in NZ then that you'd need to advise INZ of a change in circumstances which would mean the visa would be cancelled. You could not use it to return to NZ.

But yes if you did get residence through your partner while you are away, then if you wanted to travel again and were in NZ you would always get as a minimum a 14 day residence visa

[richkenny87]

yeh, i mean ill be applying for residence through my partner in a few months, so i will be a NZ resident before we leave for aus.

cheers

[ice]

I have a 461 visa for Australia and you need proof of living together for 12 months or more before you can apply. It can also take a few months for the processing.
Although I do want to add living in Australia on a temporary resident visa is not the best thing. You are basically treated like a second class citizen and have no rights
(besides working and paying taxes) for example its impossible to get a drivers license (only NSW allows it).
If you want to get a mortgage or any loan from the bank your kiwi partner will always have to be the principal applicant since they don't even like to give out credit cards to people on temporary visas.
Even Kiwis have limited rights there, they can stay indefinitely and are treated like permanent residents pretty much everywhere but they still need to apply and qualify for permanents residence ( needed in order to get citizenship ) in there own right just like everybody else.
Also no benefits for kiwis and temporary residents and if your child was born in Australia it would take 10 years ( so has to live there from 0-10 ) to qualify for citizenship.

Other then that its a cheap and and relatively quick way to get into Australia and start working.


Hope that helps good luck .

[richkenny87]

wow, so anybody on the 461 visa cannot apply for a overseas driving license transfer?

[ice]

Nothing to do with the 461, its a temporary visa so you are treated just like a student or someone on a working holiday visa its just valid for a longer time with unlimited work and study rights.

Thats correct only when your overseas license expires you may get a new one in Australia.
In NSW there is a license called "New South Wales Overseas Visitor License" which looks like a normal one but on the back it says "proof of permanent residence not supplied". I had that one.
Its the only state that has one as far as I know.

https://www.service.nsw.gov.au/trans...isitor-licence

SA for example.
http://www.sa.gov.au/topics/transpor...cence-transfer

If you look on www.australiaforum.com you will see people discussing the problem just use the search function.

[richkenny87]

I just read this and assumed if i was in northern territory, even on a temp visa, i would be able to apply
http://www.transport.nt.gov.au/mvr/l...erseas-licence

I have full drivers license in both UK and NZ, thought id be able to go through the same process there as surely they want more people to drive under their own countries licences.

Im from a skilled job so have quite a few options available, its just the cost and the time it takes for getting other visas that a problem.
Maybe after finding solid work it would be easier for me to apply in Australia for skilled PR, if the company would do it.

[ice]

Haven't looked at the NT to be honest haha. But it looks like they don't require permanent residence there.
I know from friends in Western Australia that it was not possible for them to get one and they were told to come back when they have PR .

When I first arrived in NSW the overseas visitor license was actually much more restricted, they were only valid for one year and you have to renew them every year (fees and paperwork) even though I was on a 5 year visa. When I left they changed that though.

You probably might still be able to get them in other states on a case by case basis its just that you are not supposed to get them and it was just one example of the stones they throw in your way when you are on a temporary visa.

Yes definitely recommend getting on Aussie PR as soon as possible. It would actually mean you could live in NZ as a resident with all the perks too so thats something to think about .