Partner sponsorship for academic de facto

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Partner sponsorship for academic de facto


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Old 03-15-2016, 04:23 PM
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Partner sponsorship for academic de facto

Hi all,

I (a New Zealander, 28 as of Jan 2016) am considering applying for academic jobs in Australia that would start around June 2017 and would like to do what I can to bring along my partner (a US citizen, 28 as of July 2017).

I can legally live and work in Australia as a kiwi, but we're trying to navigate what our options are for her.

Our current situation:

We live in separate houses and spend most nights together. We are in a mutually supportive, stable, and exclusive relationship. We have been together for 9 months as of March 2016.

Our questions:

1) Am I able to sponsor a work visa application for her as a New Zealander? Or would it have to be attached to a job?

2) Would we easily satisfy the defacto 12 months living together test by maintaining two rooms and spending almost every night together (we can prove this by using location history on our phones), while also clearly demonstrating mutual financial support?

3) We have read that the application period is ridiculously long (up to 18 months). Is there an interim option for her while applying for a partner-sponsored visa? Is there a way for us to apply early?

4) Is there any difference in any of the above for academics/high skill individuals? i.e. can universities expedite the process for people they really want?


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Old 03-15-2016, 09:48 PM
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Longer term, your likely option is a 461 visa (relative of a NZ citizen) if she can be shown to be your de facto partner. The fact that you don't live together may be a bit of a challenge though. So it may be better to first have her apply for a 462 Work and Holiday visa - she could live with you here and then apply for the 461 visa once you've lived together for a year. A 461 visa is a 5-year temporary visa that can be re-applied for each time it is about to expire.

You cannot sponsor her for a partner visa since you would need to be an Australian citizen, an Australian permanent resident or an Eligible New Zealand Citizen (you needed to be living in Australia in Feb 2001 or at least 1 year in the 2 years prior to that).

Universities/academic/high skill individuals make no difference in the requirements for these visas.

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Old 03-15-2016, 10:30 PM
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Quote:
Originally Posted by Maggie-May24 View Post
Longer term, your likely option is a 461 visa (relative of a NZ citizen) if she can be shown to be your de facto partner. The fact that you don't live together may be a bit of a challenge though. So it may be better to first have her apply for a 462 Work and Holiday visa - she could live with you here and then apply for the 461 visa once you've lived together for a year. A 461 visa is a 5-year temporary visa that can be re-applied for each time it is about to expire.
Thanks so much for your reply! Some follow up questions: Is there a partner visa for people with high skill job offers that we should look at (like 457?)? Or is it obvious that the 461 visa is the best for our situation?

And what are the approval likelihoods for each type?

We're deciding whether to start living together over the next few months so we'll be well prepared if I do end up getting a job in Australia.

Our remaining questions:

1) Would we easily satisfy the defacto 12 months living together test (for either the 461 visa or the 457 visa) by maintaining two rooms and spending almost every night together (we can prove this by using location history on our phones), while also clearly demonstrating mutual financial support?

2) We have read that the application period for the partner-sponsored work visa is ridiculously long (up to 18 months). Is there an interim option for her while applying for a partner-sponsored visa? Is there a way for us to apply early?

3) Is it a requirement for the 461 visa that the relatives be living together in NZ? Or is living together in other countries OK?

4) What are the approval probabilities, given we're clearly able to satisfy them that we're a stable, committed, living together couple.


Last edited by boopieboop; 03-15-2016 at 10:35 PM.

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