Partner visa or New Zealand Family Relationship ?

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Partner visa or New Zealand Family Relationship ?


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Old 11-09-2010, 08:26 PM
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Partner visa or New Zealand Family Relationship ?

Good morning,

My partner, new zealand citizen, and I, french, want to go back living and working in Perth.

My partner lived and worked over there for 5 years, and I stayed in Australia with a WHV for 2 years. We met in august 2009 and we are a couple since november 2010.

We now live in NZ (I`ve got a WHV), but my partner just applied for a job offshore WA, which we are pretty sure he gonna get (he used to work in oil rigs for 2 years and he got good contacts and references).

We spent last summer in Perth, went travelling for 5 months (NZ, Thailande, Laos, Indonesia ...). We lived for a couple of months with his parents and he met mine during vacations on the east coast in Australia.

We really want to live in Perth, most of our friends live over there and we love the way of life, the weather ....

We just don`t know which visa to apply for :
- Partner Visa (Temporary Subclass 309 and Permanent Subclass 100)
OR
- New Zealand Family Relationship (Subclass 461)

Can you please help us ?
If you were in the same situation, if you got some tips ....
We will really appreciate it !
Thank you !


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Old 11-09-2010, 11:52 PM
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It is only eligible NZ Citizens [ and that means ones who have been residing in Australia since quite a few a years ago, about a decades it is ] that can sponsor someone on the 309/100.
http://www.immi.gov.au/allforms/pdf/1162.pdf
The 461 may be the only option.





Last edited by Wanderer; 11-09-2010 at 11:57 PM.

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Old 11-10-2010, 02:28 AM
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How can we know if he is eligible or not ?

He is 25 yo, he first went to live and work in Australia in 2006. He stayed about 5 years, with holidays in NZ.

If he is not eligible, can we apply for NZ family relationship (Subclass461) ?

Thank you !


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Old 11-10-2010, 02:33 AM
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Just got an email from the immigration in Auckland, here it is :

The appropriate visa for your circumstances is a subclass 461 Family Member of NZ Citizen visa. The visa provides for 5 years of stay in Australia with unrestricted work rights. Application can be made to renew the visa after each 5 year period.
The average processing time for this visa is currently 3 months.
You can either lodge the application in person at our counter or courier it to us, including reply courier envelope. Unfortunately the subclass 309/100 visa would not be applicable as the sponsor (Tim) needs to be an Australian citizen or permanent resident. There was a law change in Feb 2001 and Tim may also be eligible if he was in Australia prior to this date or had lived in Australia for at least a minimum period of time prior to this date.



Thank you for your answers, hoping it will help someone else !


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Old 11-10-2010, 02:24 PM
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Yes, the answer you have is the same as what the link I provided indicates and reason for nominating the 461 as your only option in family stream visas.





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