309 or 820 if i already hold a 461

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309 or 820 if i already hold a 461


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Old 06-09-2015, 07:15 AM
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309 or 820 if i already hold a 461

Hi Everyone,

New to the forum and i looked through other threads to make sure my question wasnt already answered so I apologize if it is.

I married my wife who is a NZ Citizen in May 2014 and subsequently got a Subclass 461 visa in Nov 2014. This gives me the right to stay and work in AUS for 5 years from that point so I am here in Sydney now working.

I want to now apply for permanent residency and I know the straightforward way to do that would be to apply for a 820/801.

I was wondering why I couldnt just go to NZ and apply for a 309/100 instead which is about $2000 cheaper. I still have 4+ years left on my 461 so i shouldnt have any reason to get a Bridging Visa or anything else for me to continue to live in Australia.

So my plan is to go to NZ, apply for 309/100 and come back to AUS. Then when they are ready to grant my Visa leave Australia and come back when its granted.

Any reason why this is not a good idea?


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Old 06-09-2015, 07:48 AM
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No problem doing that. However, if your wife is a New Zealand citizen, is she eligible to apply for an Australian visa? She would have to either get Australian PR or Citizenship, OR be an Eligible NZ citizen before you could apply for a partner visa.

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Old 06-09-2015, 08:17 AM
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Well she is living together with me in australia which I am sure makes her an eligible nz citizen.

Only thing I'm thinking about is that for proof of genuine relationship I will be providing our lease and whe they see we live in auatralia, wouldn't they ask why I wasn't applying for a 820?


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Old 06-09-2015, 09:32 AM
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Quote:
Originally Posted by madrion View Post
Well she is living together with me in australia which I am sure makes her an eligible nz citizen.
Not necessarily. There are alot of NZ citizens in Australia that can't sponsor for a 820/309.

Here is what an eligible NZ citizen is from immi site: An eligible New Zealand citizen is a New Zealand citizen who was living in Australia on 26 February 2001 or for at least one year in the two years immediately before 26 February 2001.


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Old 06-10-2015, 02:11 AM
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Madrion, all NZ citizens, except those with a serious criminal record, can live in Australia for as long as they like. They receive an sc 444 visa on arrival (called a special category visa) and can work here, do business here and stay as long as they like. Australia and NZ have a special relationship that way. However, unless they arrived before 26th February 2001 OR they have become permanent residents or citizens through the same processes as anyone else from any other country they can't sponsor partners on a partner visa. I suggest that you check your partner's visa status before you do anything else.

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Old 06-13-2015, 10:30 PM
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Please update your flag here .

If 461 approved, can nz citizen apply for a PR while 461 for partner is still valid?does it affect partners 461 visa?.


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Old 06-14-2015, 02:42 AM
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Yes, and if the partner is included in the application you'd both get a PR visa.

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Old 06-14-2015, 09:43 AM
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Please update your flag here .

Quote:
Originally Posted by Maggie-May24 View Post
Yes, and if the partner is included in the application you'd both get a PR visa.
Thank you Maggie.


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