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Thread: relationship residency

  1. #1
    Join Date
    Sep 2016
    Location
    poland
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    Default relationship residency

    Hi there,
    I have a relationship residency, as my partner is nz citizen. we are planning to move to ozzy in a year. I will be a half year short for a permanent residency. at the time we will be 4-5 years living together. what would you do guys?

  2. #2
    Join Date
    Feb 2019
    Location
    New Zealand (ex: South Africa)
    Posts
    1,201

    Default

    Most likely, your Resident Visa will expire, and you will have to apply for another one if you decide to move back to New Zealand one day.

    There is a small possibility of obtaining a Permanent Resident Visa if you apply within 3 months of your Resident Visa expiring (and you held that Resident Visa continuously for at least 24 months before it expired). You will still need to meet the criteria as of the day of lodging your application though, and the "half year short" implies that you may not be able to meet the "time spent in New Zealand" option of showing a commitment to New Zealand (or, the window in which you will satisfy that option will be very small indeed -- see this thread for a recent example of someone getting this horribly wrong). See RV2.5 for more.

  3. #3
    Join Date
    Sep 2016
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    poland
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    Default

    Quote Originally Posted by Kelerei View Post
    Most likely, your Resident Visa will expire, and you will have to apply for another one if you decide to move back to New Zealand one day.

    There is a small possibility of obtaining a Permanent Resident Visa if you apply within 3 months of your Resident Visa expiring (and you held that Resident Visa continuously for at least 24 months before it expired). You will still need to meet the criteria as of the day of lodging your application though, and the "half year short" implies that you may not be able to meet the "time spent in New Zealand" option of showing a commitment to New Zealand (or, the window in which you will satisfy that option will be very small indeed -- see this thread for a recent example of someone getting this horribly wrong). See RV2.5 for more.
    Thank You. Can I, being in partnership for 5yuears plus while in ozzy, apply for a straight permanent residence?

  4. #4
    Join Date
    Feb 2019
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    New Zealand (ex: South Africa)
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    Quote Originally Posted by dagmarak View Post
    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.
    Last edited by Kelerei; 12th March 2021 at 07:54 PM.

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