Australian partner visa for Thai married to New Zealand citizen

[maanoi]

We both live in Thailand and I hold a NZ passport. We are thinking about moving to aus. As a kiwi I don't need a visa. Can my wife apply for a partner visa based on a marriage to a nz'er?

[David48]

I've not read this question before, so maybe you'll get limited replies from those with experience.

Maybe an email to the Australian Embassy will clear that question up for you quickly.

If you do that, please come back and report what you have learnt, so that we know more.

Their email is ... [email protected]

.

[ripstanley]

As you can read below NZ citizens do need a visa for Australia. The application is the completion of the arrival card.

The Trans-Tasman Travel Arrangement allows Australian and New Zealand citizens to live and work in each other's country without restrictions. On arrival in Australia, most New Zealand citizens who do not hold another visa and present a valid New Zealand passport are granted a Special Category Visa (subclass 444) (SCV). Grant of an SCV is also subject to the applicant meeting health and character requirements. The SCV is a temporary visa that allows the holder to remain and work in Australia indefinitely as long as the holder remains a New Zealand citizen.

New Zealand citizens who are assessed as a BCNC may not be entitled to an SCV and may be refused entry into Australia. Circumstances where a person may be assessed as a BCNC include, but are not limited to, when the person has been:

• convicted of one or more crimes that have resulted in sentences of imprisonment that add up to at least one year or
• removed or deported from Australia or another country.

https://www.immi.gov.au/allforms/travel-documents/new-zealand.htm

If you qualify for the above then you can apply for your partner

Partners or fiancés of Australian citizens, Australian permanent residents or eligible New Zealand citizens may apply to enter and/or remain permanently in Australia. Partner category migration may apply to:

• people intending to get married (fiancés)
• married (de jure) partners
• de facto partners (including those in a same-sex relationship).

If you are in Australia Partner Temporary Visa (Subclass 820) and Permanent visa (subclass 801)

For people to stay in Australia with their partner, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. If two years after you apply the relationship is still genuine and continuing, a permanent visa may be granted.

If you are outside Australia Partner Temporary Visa (Subclass 309) and Permanent Visa (Subclass 100)

For people from overseas to enter and stay in Australia with their partner, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. If two years after you apply the relationship is still genuine and continuing, a permanent visa may be granted.

Prospective Marriage Visa (Subclass 300)

For people from overseas to enter Australia, before marrying their fiancé. Their fiancé must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Once married, holders of this visa can then apply for a Partner visa to remain permanently in Australia.

Spouse or Interdependency visas lodged before 1 July 2009

Information about changes to Partner visas is available for clients who lodged a Spouse or Interdependency visa (subclasses 310/100 and 826/814) application before 1 July 2009.
See: Changes for Same-Sex Relationships

https://www.immi.gov.au/migrants/family/family-visas-partner.htm

[maanoi]

Ok, so an awesome guy posted a response to this today which for some reason has been deleted (along with 2 replies).

I assume it was deleted because he posted a link to the Australia immigration website?????

Anyway, what he said was very helpful so I thought I would post it here without any links to help anyone in the future.

Basically, partners of New Zealanders can apply for a New Zealand Citizen Family Relastionshop visa (subclass 461).

This visa allows a non-New Zealand family member of a New Zealand citizen to live and work in Australia for up to five years.

The fee for this visa is an amazingly low $325!! A partner visa for marriage to an Australian citizen is over $4,600!

Also just to clarify, the poster above me posted a piece from the Aust immigration website which talks about how eligible NZ citizens can get a regular partner visa (the same as Aust citizens). The problem with this is to be an "eligible NZ citizen" you need to of been living in Aust as of 2001....so yeh not so many people will qualify for that.

Edited January 1, 2015 by maanoi

[mattig1972]

Yes, sorry. I didn't know I couldn't use my business name. Good luck in Australia !

[maanoi]

Yes, sorry. I didn't know I couldn't use my business name. Good luck in Australia !

Ah ok. When staying in Australia on this visa do they need to apply for work permits in order to work?

Also, after 5 years would they qualify for permanent residence?

[mattig1972]

Dear Maanoi.

Special work permits are not necessary on the 461. She will be able to work, study and travel freely on that visa.

But the 461 (or 444) does not give special access to any permanent visas.

You or she would need to apply for a permanent visa on some other basis. Eg. a work or business visa, just like any other potential immigrant.

Hope that helps, Matt.

[harrry]

http://www.immi.gov.au/Visas/Pages/309-100.aspx

gives the facts when combined with http://www.immi.gov.au/faqs/Pages/what-is-an-eligible-new-zealand-citizen.aspx

Edited January 2, 2015 by harrry

[maanoi]

Dear Maanoi.

Special work permits are not necessary on the 461. She will be able to work, study and travel freely on that visa.

But the 461 (or 444) does not give special access to any permanent visas.

You or she would need to apply for a permanent visa on some other basis. Eg. a work or business visa, just like any other potential immigrant.

Hope that helps, Matt.

Thanks Matt. When you say travel freely, you mean in and out of Australia?

Also, so to work towards permanent residency she would need to find an employer willing to sponser her work visa (even tho the 461 entitles her to work without one) am I right?

Another option would be if I was able to get permanent residency then she could get the regular partner visa which after 2 years on that she would get residency yes?

[maanoi]

http://www.immi.gov.au/Visas/Pages/309-100.aspx

gives the facts when combined with http://www.immi.gov.au/faqs/Pages/what-is-an-eligible-new-zealand-citizen.aspx

Thanks Harry, but unfortunately this only applies to "eligible NZer's" which as I wasn't living in Australia as of 2001 I don't qualify as.

[harrry]

http://www.immi.gov.au/Visas/Pages/309-100.aspx

gives the facts when combined with http://www.immi.gov.au/faqs/Pages/what-is-an-eligible-new-zealand-citizen.aspx

Thanks Harry, but unfortunately this only applies to "eligible NZer's" which as I wasn't living in Australia as of 2001 I don't qualify as.

In which case you have to look for other ways. It may be more easier and cost effective to go to NZ and do the time to gett the needed there ...ie citizenship etc.

[maanoi]

http://www.immi.gov.au/Visas/Pages/309-100.aspx

gives the facts when combined with http://www.immi.gov.au/faqs/Pages/what-is-an-eligible-new-zealand-citizen.aspx

Thanks Harry, but unfortunately this only applies to "eligible NZer's" which as I wasn't living in Australia as of 2001 I don't qualify as.

In which case you have to look for other ways. It may be more easier and cost effective to go to NZ and do the time to gett the needed there ...ie citizenship etc.

Quite right. As Matt already advised me in a couple posts above, The New Zealand Citizen Family Relastionshop visa (subclass 461) is a perfect visa for my situation. This visa allows a non-New Zealand family member of a New Zealand citizen to live and work in Australia for up to five years. And it's basically free!

[mattig1972]

Dear Maanoi,

Yes, travel freely means multiple entries in and out of Australia.

If either you, or your wife, apply for a permanent work visa eg. 189 independent visa, then the other of you can be included in that application, along with any dependent family members. You don't need to make separate applications.

Example 1 - independent visa: (requires an occupation on the "skilled occupation list")

If you are a qualified plumber (or nurse, or engineer etc). You get the relevant skill checks. You send an "Expression of Interest" and get an invitation. You apply for the permanent visa which will cover both you and your wife.

Example 2 - employer sponsored visa: (requires an occupation on the "consolidated sponsored occupation list")

Your wife is a qualified cook (or doctor, or physicist). She gets a job in a restaurant. They want to sponsor her for a permanent visa. She gets the relevant skill checks. The employer nominates her. Then you apply for the permanent visa which will cover both her and you.

Yours,

Matt

[Mozdog]

Hi Maanoi,

How did you get on applying for this visa?

I have a similar situation in which I need to apply for the Australian partner visa (subclass 461) for New Zealand Citizen for my Thai GF.

I have been working in Thailand for over 2 years on a project and am due to return to Australian at the end of the year. I met my girlfriend for about 2 years now as well. We have been on several overseas holidays and applied for tourist visas to other countries including NZx2 and just recently Australia in October. We have plenty of evidence of our relationship over the last 2 years, but the sticking point is the requirement for the visa which says we have to be living together for at least 1 year.

As my Australian employer provides me with a Condo nice here and my GF has her own house, we do not live at the same address, however we stay together at either residence 90% of the time. The requirements for the visa states to send evidence that both people live at the same address - utility bills, bank statements etc. As all of my stuff gets sent to my Condo and hers, to her house, we don't really have any evidence together. Although about two months ago I started sending my Australian bank statements to her house. I don't actually have any other stuff to send to her house..

We are planning for her to come to Australian March next year. I will be back in Australia by January. So I will only have this once piece of evidence sent to her address for about 5 months and then we will need to look at applying for the visa. I'm just wondering how strict they will be in following this living together requirement, or whether they will see how genuine our relationship is from the other evidence we provide and factor that into the decision.

Any comments would be appreciated.

[ruays1]

As a duel national of both AU & NZ (hold both PP's)

Can I use this 461 Visa for a Thai partner?

I currently live in AU.

I wasn't aware this visa existed.

Sent from my SM-G925I using Tapatalk

[maanoi]

Hi Maanoi,

How did you get on applying for this visa?

I have a similar situation in which I need to apply for the Australian partner visa (subclass 461) for New Zealand Citizen for my Thai GF.

I have been working in Thailand for over 2 years on a project and am due to return to Australian at the end of the year. I met my girlfriend for about 2 years now as well. We have been on several overseas holidays and applied for tourist visas to other countries including NZx2 and just recently Australia in October. We have plenty of evidence of our relationship over the last 2 years, but the sticking point is the requirement for the visa which says we have to be living together for at least 1 year.

As my Australian employer provides me with a Condo nice here and my GF has her own house, we do not live at the same address, however we stay together at either residence 90% of the time. The requirements for the visa states to send evidence that both people live at the same address - utility bills, bank statements etc. As all of my stuff gets sent to my Condo and hers, to her house, we don't really have any evidence together. Although about two months ago I started sending my Australian bank statements to her house. I don't actually have any other stuff to send to her house..

We are planning for her to come to Australian March next year. I will be back in Australia by January. So I will only have this once piece of evidence sent to her address for about 5 months and then we will need to look at applying for the visa. I'm just wondering how strict they will be in following this living together requirement, or whether they will see how genuine our relationship is from the other evidence we provide and factor that into the decision.

Any comments would be appreciated.

Afraid I'm unable to contribute any more info about this as we have not applied yet. It was always a long term plan for us.

I suspect as you are not married they will look extra close at proof of your relationship. Since you don't even live together it may be tough to get the visa. Getting married may make it easier, but then getting married right before applying would also look suspicious.

At least it is relatively cheap to apply. So even if it doesn't pass it wont break the bank.