Desperate european partner of a New Zealander in OZ

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Fenija - 23 Mar 2007 09:40 GMT

Hi there,

I'm a German girl living together with a "Kiwi" in OZ since nearly 3 years.

First I was on a holiday working visa for a year and now, since 1 1/2 years
I'm on a student visa, so I could stay. We are looking now for a way for me
so I can stay permanently. Its all very confusing, first of all, what is the
correct definition for an "eligible " New Zealand citizen? Seems like I can't
find any definition, even the Australian Immigration site didn't really help
us. Than 2. would a marriage help us in any way?? We are a "real "couple,
have prove of living together for at least 2 1/2 years (in OZ) and have also
a shared bank account. 3. Would it be possible for us to apply for a New
Zealand Citizen Family Relationship (Temporary) (subclass 461)??

I'm devastated, can anybody help me or give me any tip or ideas PLEASE??!!!

Thanks a lot!

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ptlabs - 23 Mar 2007 09:48 GMT

> First I was on a holiday working visa for a year and now, since 1 1/2 years
> I'm on a student visa, so I could stay. We are looking now for a way for me
[quoted text clipped - 5 lines]
> a shared bank account. 3. Would it be possible for us to apply for a New
> Zealand Citizen Family Relationship (Temporary) (subclass 461)??

I would suggest that you seek professional advice.

If you're in Sydney, one possible place to go is IARC:
http://www.iarc.asn.au/advice/index.html#4b

When did your partner first arrive in Australia on a New Zealand
passport? This will help in figuring out whether he is an eligible New
Zealand citizen or not.

Peter

Registered Migration Agent 0427067, Specialist in ACS/RPL/IT cases.
Australian Immigration FAQ: http://ptlabs.com.au/visas/faq.php

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tina_lb - 26 Mar 2007 12:39 GMT

as far as i know, you don't even need to get married in order to stay
in Australia, if you have proves that you too live together for that
long, all you need is to prove it (photos together, bringing
witnesses...shared bills maybe...) and go for partner sponsorship, in
the application they usually ask you if you have the intention to get
married, you can say yes but you dont need to state when. i dont
remember much about it but i know it was a choice for me to go for it
rather than go for skilled migrant because it is quicker and easier,
after checking your situation dimia will grant you a 2 years temporary
resident visa (it allows you to work full time too) and after 2 years
whether you are still with your partner or not, you are allowed to
apply for permanent residency if you fit the criteria.

Cheers, Tina

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ptlabs - 26 Mar 2007 13:05 GMT

> as far as i know, you don't even need to get married in order to stay
> in Australia, if you have proves that you too live together for that
> long, all you need is to prove it (photos together, bringing
> witnesses...shared bills maybe...) and go for partner sponsorship,

Tina,

Only an eligible New Zealand citizen may sponsor his/her partner for a
spouse visa - which is what you have just described.

A non-eligible New Zealand citizen can only sponsor for a NZ Citizen
Family Relationship visa which is a temporary visa with no pathway to
permanent residence in itself.

Peter

Registered Migration Agent 0427067, Specialist in ACS/RPL/IT cases.
Australian Immigration FAQ: http://ptlabs.com.au/visas/faq.php

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tina_lb - 27 Mar 2007 08:34 GMT

On Mar 26, 3:05 pm, ptlabs <ptlabsREMOVET...@gmailREMOVETHIS.com>
wrote:

> > as far as i know, you don't even need to get married in order to stay
> > in Australia, if you have proves that you too live together for that
[quoted text clipped - 14 lines]
> Registered Migration Agent 0427067, Specialist in ACS/RPL/IT cases.
> Australian Immigration FAQ:http://ptlabs.com.au/visas/faq.php

i know Peter but she stated that she've been in Australia for 3 years
so far, him too...and anyway if she's been studying in australia for
that long and got graduated with an australian degree, she can apply
as onshore migration because with or without work experience a total
of 2 years of study in Australia is equal to a work experience, and an
australian degree also gets her extra points...Fenija needs to be more
specific about her situation, cause she might not even need to depend
on her partner to become a permanent resident...if she has enough
points to go for independent migration

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ptlabs - 27 Mar 2007 09:04 GMT

> On Mar 26, 3:05 pm, ptlabs <ptlabsREMOVET...@gmailREMOVETHIS.com>
> wrote:
[quoted text clipped - 9 lines]
> i know Peter but she stated that she've been in Australia for 3 years
> so far, him too

That does not make him an eligible New Zealand citizen.

Peter

Registered Migration Agent 0427067, Specialist in ACS/RPL/IT cases.
Australian Immigration FAQ: http://ptlabs.com.au/visas/faq.php

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tina_lb - 26 Mar 2007 12:47 GMT

> Hi there,
>
[quoted text clipped - 13 lines]
>
> Thanks a lot!

you don't really need to worry.
check this link it's all stated there...

http://www.dimia.gov.au/migrants/family/partner-inside.htm

Tina

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Immigration Forum / Australia and NZ / March 2007

Desperate european partner of a New Zealander in OZ