Originally Posted by
dagmarak
Thank You. Can I, being in partnership for 5yuears plus while in ozzy, apply for a straight permanent residence?
If you do not manage to gain a Permanent Resident Visa via
RV2 (i.e. what I mentioned in my previous post), it may be possible to gain a Permanent Resident Visa by means of making an application for a further Partner of a New Zealander Resident Visa -- but this will not be possible for at least 5 years after your move to Australia.
Per
F2.5.1, the requirements are:
- you and your partner must meet all normal criteria for the Partner of a New Zealander Resident Visa; and
- your partner must be a New Zealand citizen; and
- your partner must have been residing outside New Zealand for a period of at least 5 years at the time the application is made; and
- both 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.
All that said, I should also point out (and I should have pointed this out in my earlier post, sorry!) that, should you become an Australian permanent resident, none of this actually matters. Pursuant to the Trans-Tasman Travel Arrangement, an Australian permanent resident may be granted an
Australian Resident Visa on arrival (provided that you obtain an Electronic Travel Authority before departure and meet the character requirements for residence specified at
A5). The Australian Resident Visa expires when its holder leaves New Zealand, which won't be an issue if you're not intending to return permanently (since you'll just get a new Australian Resident Visa on your next visit!), but will be if you choose to return permanently due to the requirement to hold a Resident Visa continuously for at least 24 months before a Permanent Resident Visa may be granted. However, if you chose to move back to New Zealand, you can obtain a 2 year variation of travel conditions under
RV3.20.1 to allow you to leave and enter New Zealand for up to 2 years without your Australian Resident Visa expiring (i.e. exactly like your current Resident Visa), which would help you meet the criteria for a Permanent Resident Visa under RV2.