A tourist visa for a Vietnamese citizen who is resident in NZ - advice needed

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A tourist visa for a Vietnamese citizen who is resident in NZ - advice needed


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Old 11-20-2018, 10:11 AM
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A tourist visa for a Vietnamese citizen who is resident in NZ - advice needed

My wife and I are planning to come to NSW for a two week holiday next year. I'm a NZ citizen with no need for a visa, but she is a Vietnamese citizen. On one hand she is what DIBP consider a "risky" nationality, but on the other hand she has recently been granted residence in NZ, and the perception (at least) in the Vietnamese community in NZ is that having residence here does make getting an Australian tourist visa easier.

In any case, we don't want to stuff up her application - a visa refusal by Australian (often) means that she has to list the refusal on visa applications for other countries. We've been filling it on online, but for some questions we aren't sure what to say, and we would appreciate any advice or observations that forum members have on the following issues:


(1) CURRENT STATUS: One of the first questions asks "Give the current location of the applicant and their legal status at this location." Of the options given in the DIBP online application form "Permanent residence" is the closest description of her legal status in NZ. However, technically my wife only has "residence", as immigrants to NZ don't get permanent residence until after they have been a resident for two years, and "residence" is not an option offered on the form. We'd like to say "Permanent residence" and then elaborate in the space provided - because maybe this creates a good first impression. But conversely would it piss the DIBP off if we stated out by responding to one of the first questions in a slightly incorrect way? (The only alternative option would be "Other" and then to explain it in the space provided)

(2) PRIOR VISA REFUSAL "Has the applicant ever had a visa for Australia or any other country refused or cancelled?" - currently my wife's draft application states that her first visa application to NZ was refused because of paperwork mistakenly omitted, but that a visa was granted when she resubmitted a short time later with the required document. But is this even worth mentioning? Again, we want to create a good impression.

(3) EMPLOYMENT STATUS - basically my wife's current full-time occupation is as the primary caregiver to our very young first child (coming with us on holiday incidentally, and the child is a NZ citizen). The "Other" option for the employment question seems to be the closest choice, followed by elaboration in the space provided. Or are there any other suggestions?

(4) "GENUINE VISITOR DOCUMENTS" - there is a shortage of documents we can provide to prove that she is "visiting Australia as a temporary visitor only". We can get an invitation letter from a relative in Australian, and provide details of our proposed itinerary, but what else? My wife's employment status means she can't provide a letter from a employer stating she plans to return to her job. As for asset ownership, I own a house in my own name which (under NZ law) becomes shared matrimonial property early next year (after two years of marriage), but only after our holiday is over. (We could go through a legal process to transfer it to joint ownership a few months early - but that could easily cost as much as the holiday!) Instead could I provide details of my own employment, and mortgage, and also a copy of our marriage certificate?

(5) "PLANNED ARRIVAL DATE" - how exact does our response to this have to be? We plan for two weeks in March, but will they make us stick to this? Because we also want to get a good airfare and this could muck around with the dates.


Thanks for any advice anyone has!


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Old 11-20-2018, 09:58 PM
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It might pay you to consult one of the registered migration agents who posts on this forum for advice about strategy.

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Old 11-20-2018, 10:02 PM
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Quote:
Originally Posted by wrussell View Post
It might pay you to consult one of the registered migration agents who posts on this forum for advice about strategy.
Westley, no disrespect to our Kiwi cousins, but in my experience 99 % of Kiwis will not spend money on professional migration advice, as they believe they are somehow entitled to an Australian visa. That's fine with me and I understand and respect their point of view. After all Aussies (including permanent residents) have far greater rights in NZ than New Zealanders have in Australia. Be that as it may, I simply won't bother with providing migration advice to Kiwis, as much as I like and respect them.I'm sure there will be some helpful people on the forum who can share their experience, although getting some professional advice may be more useful for them.

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Last edited by CCMS; 11-20-2018 at 10:07 PM.

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Old 11-21-2018, 01:27 AM
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Quote:
Originally Posted by kiwi8mail View Post
My wife and I are planning to come to NSW for a two week holiday next year. I'm a NZ citizen with no need for a visa, but she is a Vietnamese citizen. On one hand she is what DIBP consider a "risky" nationality, but on the other hand she has recently been granted residence in NZ, and the perception (at least) in the Vietnamese community in NZ is that having residence here does make getting an Australian tourist visa easier.

In any case, we don't want to stuff up her application - a visa refusal by Australian (often) means that she has to list the refusal on visa applications for other countries. We've been filling it on online, but for some questions we aren't sure what to say, and we would appreciate any advice or observations that forum members have on the following issues:


(1) CURRENT STATUS: One of the first questions asks "Give the current location of the applicant and their legal status at this location." Of the options given in the DIBP online application form "Permanent residence" is the closest description of her legal status in NZ. However, technically my wife only has "residence", as immigrants to NZ don't get permanent residence until after they have been a resident for two years, and "residence" is not an option offered on the form. We'd like to say "Permanent residence" and then elaborate in the space provided - because maybe this creates a good first impression. But conversely would it piss the DIBP off if we stated out by responding to one of the first questions in a slightly incorrect way? (The only alternative option would be "Other" and then to explain it in the space provided)

(2) PRIOR VISA REFUSAL "Has the applicant ever had a visa for Australia or any other country refused or cancelled?" - currently my wife's draft application states that her first visa application to NZ was refused because of paperwork mistakenly omitted, but that a visa was granted when she resubmitted a short time later with the required document. But is this even worth mentioning? Again, we want to create a good impression.

(3) EMPLOYMENT STATUS - basically my wife's current full-time occupation is as the primary caregiver to our very young first child (coming with us on holiday incidentally, and the child is a NZ citizen). The "Other" option for the employment question seems to be the closest choice, followed by elaboration in the space provided. Or are there any other suggestions?

(4) "GENUINE VISITOR DOCUMENTS" - there is a shortage of documents we can provide to prove that she is "visiting Australia as a temporary visitor only". We can get an invitation letter from a relative in Australian, and provide details of our proposed itinerary, but what else? My wife's employment status means she can't provide a letter from a employer stating she plans to return to her job. As for asset ownership, I own a house in my own name which (under NZ law) becomes shared matrimonial property early next year (after two years of marriage), but only after our holiday is over. (We could go through a legal process to transfer it to joint ownership a few months early - but that could easily cost as much as the holiday!) Instead could I provide details of my own employment, and mortgage, and also a copy of our marriage certificate?

(5) "PLANNED ARRIVAL DATE" - how exact does our response to this have to be? We plan for two weeks in March, but will they make us stick to this? Because we also want to get a good airfare and this could muck around with the dates.


Thanks for any advice anyone has!
1. If it's not permanent residence then don't put permanent residence because they may ask for proof.
2. Forget good impression, you have to be truthful. If you leave this out and immigration finds out later, there will be further complications.
3. What you proposed seems best. Keep in mind, this may not go well with immigration in terms of job security.
4. Invitation letter, itinerary, air ticket, financial aspects, family dependencies, marriage certificate.
5. Nope, doesn't have to be exact. I think it's better if it is (i.e. plane ticket in #4), shows you are planning to leave Aus after the trip.

If I was immigration, from the details you've given, it doesn't favourable. The only thing that ties her back to NZ is prob your marriage/family.
This is my opinion only.

I think you should consult an RMA, they will provide better feedback in detail for you.


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