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Thread: Unclear Visa eligibility

  1. #1
    Join Date
    Nov 2018
    Location
    Australia
    Posts
    1

    Exclamation Unclear Visa eligibility

    Hi everyone,

    So my partner and I are thinking of moving to New Zealand. He is a NZ citizen and I'm Irish - we've been living together for almost 5 years (in September) in Australia. I currently have the 461 New Zealand Citizen Family Relationship visa here in Australia. I guess the million dollar question is which visa to go on for NZ.

    We've done some light researching into the Partner of a New Zealander Resident Visa but on the website it states that we could actually go for the Permanent Resident Visa as in September, we've been living together for 5 years. Is this true? Because if it is, we would wait to apply. Or would we have to apply for the Partner of a New Zealander Resident Visa first?

    So many questions but this would be the most important.

    Thanks!

  2. #2
    Join Date
    Feb 2019
    Location
    New Zealand (ex: South Africa)
    Posts
    668

    Default

    I'm not sure if the Partner of a New Zealander Resident Visa can currently be applied for while offshore. You may have to get a Critical Purpose Visitor Visa in order to travel, by proving to INZ that you have a critical purpose reason to travel to New Zealand. As you are the partner of a New Zealand citizen, you may fall into the "Partners from visa-waiver countries" or "Family members of NZ citizens or residents who do not hold relationship-based visas" critical purpose reasons. You won't fall into the "Australian citizens or permanent residents who are partners of NZ citizens or residents" category, as the Australian 461 visa is a temporary visa and you are therefore not an Australian permanent resident.

    You should contact INZ (or a licensed immigration advisor) to ascertain whether or not you can apply for the Partner of a New Zealander Resident Visa while offshore, or whether you'll need the Critical Purpose Visitor Visa as a stepping stone into New Zealand. Of course, it's also possible that the Critical Purpose Visitor Visa may no longer apply by the time you're actually ready to make the move. If you have any doubts or queries on this, you should seek professional advice.

    If you need to take the Critical Purpose Visitor Visa route, there is nothing preventing you from applying for the Partner of a New Zealander Resident Visa when you are in New Zealand. You would need to apply for this, and not for a Permanent Resident Visa directly. Immigration instruction F2.5.1 states that an applicant for the Partner of a New Zealander Resident Visa may be granted a Permanent Resident Visa in place of the Partner of a New Zealander Resident Visa if all of the following apply to you:

    • you meet all the criteria to be granted the Partner of a New Zealander Resident Visa, and
    • at the time the application is made, your New Zealand citizen partner is residing outside New Zealand and has been residing outside New Zealand for a period of at least five years, or your New Zealand citizen partner has 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, and
    • you and your partner have been living together in a genuine and stable relationship for at least five years at the time the application is made.


    If you don't meet these requirements, but you do meet the normal requirements for the Partner of a New Zealander Resident Visa and are granted one, you may meet the criteria to be granted a Permanent Resident Visa in your own right once you have held your Partner of a New Zealander Resident Visa for at least 2 years.

    Final note: when you have obtained a visa to travel to New Zealand, both you and your partner will require vouchers for managed isolation and quarantine. More information can be found on the MIQ website.

  3. #3
    Join Date
    Jan 2011
    Location
    Sheffield, England
    Posts
    192

    Default

    Hi.

    My husband and I are in the process of applying for a Permanent Residence Visa for him at the moment.
    Hes English and Im a Kiwi. We have been married for 30 yrs and lived in the UK together for 32 yrs.

    Everything I have read states that you can apply for this type of visa offshore at the moment, as the NZ partner would be returning 'home'. You do have to sign to say that you would abide by any quarantine regulations when you get to NZ.

    Good luck
    JO

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