Australian Citizen Applying to NZ Permanent Residence

[georginnes]

Dear everyone,

Posting on behalf my husband as his user can't post yet.

He's an Australian citizen living in NZ (we haven't left NZ at any time) since end of 2015.

He didn't apply for a variation of travel conditions as we didn't plan to go on holidays overseas.

I'm awaiting my Residence application INZ1000 to be approved (fingers crossed)

We have been reading everywhere on the internet, this forum, INZ website, INZ Instructions Manual, everywhere, called the INZ call centre and couldn't get a certain answer.

Our question is (perhaps too obvious to everyone but us):
When applying to PR as an Australian there's the possibility to include others in the application but here's the tricky part, Australians at no point apply to Residence to start with, hence I couldn't be included in his application, in all my Work Visas and Residence applications I have always been the Principal Applicant yet sponsored by a NZer (Australian)

HIDE
If you were a non-principal applicant when you applied for a resident visa, you must apply for your permanent resident visa at the same time or after the principal applicant, unless a non-principal exception applies.

Our question is specifically if I (Sponsored under the partner Category of a NZer) could be included in his PR Application as an Australian Citizen.

The criteria for PR applies to all kinds of residents but for Australians, it doesn't really specify and a NZ Citizen doesn't have to apply to PR.

Australians get Residence on arrival, we arrived together on the same plane.
We're totally lost and we have gotten all kinds of different answers from INZ. Seems like no one has any idea about this as it doesn't happen very often.

Any input would be greatly appreciated.

Good night x

[JandM]

I've never seen this question raised. I don't think you're going to get an answer from anyone outside of INZ. You'll only know by submitting the application, and even then, though you won't see it, there will probably be COs scratching their heads and calling for their superiors and referring it to Technical Advisers for a decision.

[SpotSpot]

Dear everyone,

We're totally lost and we have gotten all kinds of different answers from INZ. Seems like no one has any idea about this as it doesn't happen very often.

Any input would be greatly appreciated.

Good night x

If I read your question right, I may have an answer. I'm about to be in a similar boat, and during my many calls with the INZ, I asked the same question. In this case, I am the Australian citizen and my husband is in your shoes.
I should point out that if you have had different answers, this may just be a repeat of one of them. I'm just relating what I was told:

Firstly, if you are awaiting your INZ 1000 application, I am assuming you have been staying in NZ under one or more temporary partnership-sponsored visas, such as the INZ 1198? If this is the case, we share your scenario, and here is the reply I got from the INZ:

Your spouse, the AU citizen, can apply for the PR visa once the 2 years waiting period is up, as per normal. In his case, even though he didn't file for the variation on travel, he hasn't left, so he's good to go.
You, on the other hand, cannot apply for PR until 2 years from the time your INZ 1000 is approved. The INZ 1198 is not the marker from which you start, as that is only temporary. The INZ has advised us to apply for both the INZ 1198 and 1000 immediately upon arrival, due to long wait times. We were told that once his INZ 1000 is approved, he should immediately apply for the variation on travel conditions and the clock will start ticking. From that point on, he can get PR in 2 years.

Just relating what I was told .... hope it helps.

[SpotSpot]

You, on the other hand, cannot apply for PR until 2 years from the time your INZ 1000 is approved.

Just relating what I was told .... hope it helps.

Upon reflection .... I'm going to contact the INZ again and speak to someone about this, just to try and clear it up for the both of us. If you had multiple answers, I may also get the same.

In some cases, gray areas can depend on the CO's interpretation, and if you can get someone from the INZ to commit to a more favorable answer in writing (in this case, applying for PR two years from the granting of the Temporary Visa), you may be able to get your PR sooner.

This is what we did when applying for my husband's initial entry visa. Long story, but basically it could have been very, very hard to get him in, or not so hard at all, depending on the CO's view and the evidence we presented.
We had a range of answers, all within the law and totally subjective. When we got a clear one in our favor IN WRITING and were able to submit a scanned copy of that INZ email with his first Travel Visa application, it sailed through in a matter of days. The INZ likes to see evidence of itself supporting something in a gray area.

I'll send an email to them and get back to you. I'd like to see my husband apply for PR sooner, too!

[waliajas]

Hi georginnes,

You cannot be included in your husband's PR application as he has been NZ resident since 2015 and I assume you are not australian citizen and you are either on visitor visa or work visa being sponoserd by your australian partner.

For PR, each applicant is on its on based upon time spent criteria as a resident visa holder if their resident application only for themselves. Family resident applications have bit different rules but in your case based upon my assumptions stated above, you have only applied for your residency as your husband has NZ residency based upon his aurstralian passport. From what I read in your post, you are still waiting for your residency application to be approved. So, once you get your residency approved from that day till next 2 years, you won't get PR as you need to hold resident visa for 2 years before you become eligible for PR.

Now, in your husband's case, he wouldn't need variation condition as long as he has not left NZ when you first entered NZ. So, assuming that he entered NZ in end of 2015 and hasn't left NZ, we is eligible for PR. The process is pretty fast and only take about 10 days.

[JandM]

Please be careful about making such definite statements on INZ policy. See here https://www.enz.org/forum/showthread.php?t=51538 and https://www.enz.org/forum/showthread.php?t=24859, and Forum Rule 19. https://www.enz.org/forum/showthread.php?t=40236

[SpotSpot]

If I read your question right, I may have an answer. .

INZ wrote back last night confirming that the 2 years waiting period for PR starts from when your INZ 1000 is approved. INZ has been quite clear on the matter the two times I've asked, so I suggest shooting them a quick email and keeping it for your records. Be sure to apply for the Variation of Travel conditions once the 1000 is approved, so that you can travel without it affecting the 2 years to PR.
Sounds like your case is pretty solid and the way forward isn't complicated, so patience and proper paperwork should get you where you want to go. Best of luck!

[waliajas]

I am not a LIA but just a forum member trying to contribute back to forum as it was beneficial to me. You are right, I should start my each post with caveat that its my reading and assumptions!

[georginnes]

Thanks everyone for all your opinions or research. We really appreciate it, for reals.
I guess there's no point on my husband applying right now and Anyways, it's always good to take a break from applications. Last march my stress levels were sky rocket fluctuating from mild crazy to severely mentally ill running around like a headless chicken haha The waiting is the easy part
Have a great weekend everyone x