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Thread: Australian Citizen moving to NZ with Vietnamese wife

  1. #1
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    Post Australian Citizen moving to NZ with Vietnamese wife

    Hi All,

    I am an Australian citizen who is moving to NZ in November for work. Job offer is signed and looking forward to the move. We intend to apply for a temporary work visa for my wife. However, keep getting conflicted advice from this forum. Some threads have suggested that Australians are eligible to sponsor their foreign partner before arriving. However, I Rang NZ immigration today- they told me I have to be in NZ, and set up rentals etc before I can even begin to support my wife's visa. I really do not want to be apart from her for 4 months while we wait.

    The other option is for her to apply for a visitor visa, specifically a "look, see and decide" visa (according to . Again, we are very wary of applying for this as we obviously intend to stay in NZ for my job offer - this would look bad when we finally do apply for the partner visa. I cannot find out how to apply for this visa either - the form for visitor visa says she must prove she intends to leave.

    It seems like there is no way for an Australian to bring there foreign spouse over at the same time!! Any other country would be fine!


    Thanks in advance for any help or advice, this is EXTREMELY stressful.


    Beau.

  2. #2
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    You have seen the old threads, so I won't go over everything again. Some Australians HAVE managed to set up a visa for their spouse of another nationality, but have had to argue their case, having applied. The old threads on the forum are not "conflicting". They tell you about other forum members' previous experience. What has happened is that you have talked to an INZ telephone answerer. These people are not experienced case officers with knowledge of how the rules are applied in practice, but a sort of human FAQ system, working from a database of information on computer. As you know, what anyone gets from a system depends on what keywords they put in, how persistent they are at looking, and an element of luck. What you get told from the call answerers is by no means necessarily the final word.

  3. #3
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    True, thanks for the response JandM. I appreciate your posts in the other threads too - you are really knowledgeable. I have a signed job offer and could probably get a letter from my future employer explaining the situation as well if that would help.

    At the moment I am thinking about just filling the forms out and seeing what happens. I have my flights booked for wellington for the 1st of November (We will be honeymooning in Vietnam in October, so I was thinking of submitting the forms there while my wife waits for the Visa there) . So chances are I will be in NZ by the time a case officer gets to the case anyways - can you see any downsides to this course of action? If I do this I guess I would tick new Zealand resident on the form?

    Beau

  4. #4
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    I have a signed job offer and could probably get a letter from my future employer explaining the situation as well if that would help.
    That would be very valuable evidence, as would details of any arrangements you are making about where you will live, shipping your possessions, and so on.

    When filling in the form, make sure you are entirely truthful about the situation at the time when you are submitting it. It is a legal document, and when you lodge it, you are vouching for the truth of every detail. If you're not a resident YET, you can always include a covering letter explaining that you are shortly GOING to be, pointing out your evidence.

    Don't miss doing the extra formality for Australians, to make sure you are recorded as a NZ resident and your status won't lapse each time you leave the country. https://www.immigration.govt.nz/new-...-resident-visa

  5. #5
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    Cool, thanks JandM.

    The only problem now is what do I tick in question B8: https://www.immigration.govt.nz/docu...016_fa_web.pdf
    I would lean towards the Australian citizen one, but I do not have a residence class visa yet. Do you think I would be ok ticking this and explaining in the cover letter the situation, or alternatively check the work visa category (since I basically "apply" for residence when I get to NZ by virtue of my Australian passport). You mentioned in your original post that the people I talk to are just INZ telephone operators, any idea who I'd contact to get a clear answer? Obviously I don't want to sign anything that is not truthful. Thanks again,

    Beau

  6. #6
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    I will draw the attention of ChrisMwn, who is an LIA, to this, to see what he says. (Basically, none of those is the right answer, is it?)

  7. #7
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    Quote Originally Posted by JandM View Post
    I will draw the attention of ChrisMwn, who is an LIA, to this, to see what he says. (Basically, none of those is the right answer, is it?)
    previously in such cases I've provided substantial evidence of the plans to relocate to NZ, suchg as employment agreements, shipping quotes, evidecne of property search and anything that shows plans to settle in NZ. I've never had an issue and clearly noted that this is an application for the partner of an Australian citizen relocating to NZ on the forms.

  8. #8
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    Cool, thanks ChrisMwn. Would you suggest ticking Australian Citizen with NZ resident class visa, and NZ resident in my patners form, or just leave it blank and explain the situation in the cover letter? Thanks heaps!

    Beau

  9. #9
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    This provides validity to your response that you are a Australian Citizen/NZ resident

    F2.10.5 Definition of 'New Zealand resident' for the purposes of Partnership Category

    New Zealand resident means a person who:
    holds, or is deemed to hold, a current New Zealand residence class visa; or
    holds a valid Australian passport.
    Despite (a) above, the following people are defined as New Zealand residents for the purposes of Partnership Category only where an immigration officer is satisfied that New Zealand is their primary place of established residence at the time the application under Partnership is made and at the time of assessment of the application:
    holders of valid Australian passports who do not hold a current New Zealand residence class visa;
    holders of current New Zealand residence class visas that have been granted on the basis that the person is the holder of a current Australian permanent residence visa, or a current Australian resident return visa.

  10. #10
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    Champion. Appreciate your help and will update the forum letting you know how I go.

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