Marcrobi Posted April 22, 2020 Share Posted April 22, 2020 Hi. I would appreciate any help anyone can offer regarding this. I’m a UK citizen by birth and my partner is a NZ passport holder but born in Oz and lived there till she was 23. we have two children together who will both be nz passport holders. weve decided to move to Australia and going through the paperwork for the visa and need all the help we can get. It advises on immigration website between 14-20 does anyone know if this is accurate? also if and when the visa is approved how long do you have to enter Australia. we can’t leave the UK until December 2021 at the earliest. appreciate any other advice people would like to give that they think might be relevant. thanks Quote Link to comment Share on other sites More sharing options...
rammygirl Posted April 22, 2020 Share Posted April 22, 2020 What visa are you applying for? Also is your wife an Australian citizen? Quote Link to comment Share on other sites More sharing options...
Marcrobi Posted April 22, 2020 Author Share Posted April 22, 2020 309/100. Yeah she’s classes as an oz citizen. Quote Link to comment Share on other sites More sharing options...
Marcrobi Posted April 22, 2020 Author Share Posted April 22, 2020 Classed Quote Link to comment Share on other sites More sharing options...
rammygirl Posted April 22, 2020 Share Posted April 22, 2020 Ok so the NZ bit is irrelevant here so confusing. She needs to get Oz Passport and evidence of Oz citizenship and passports for kids. Then you can apply. I would get it started now. Once granted you will have 5 years to make the move, although you will need to validate within one year if police check or medical (whichever is earliest so don’t do til asked). offshore application times should be listed on gov site but atm everything is taking longer.......... Quote Link to comment Share on other sites More sharing options...
Marcrobi Posted April 22, 2020 Author Share Posted April 22, 2020 The nz part means she doesn’t have to get an Australian passport, same for kids. Thanks for the help Quote Link to comment Share on other sites More sharing options...
lepea Posted April 22, 2020 Share Posted April 22, 2020 At the moment it seems they are giving you a year to enter Australia from the date your visa is granted. Applications from the U.K seem to taking around 10-12 months but this could all change given the current world situation. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted April 22, 2020 Share Posted April 22, 2020 1 hour ago, Marcrobi said: The nz part means she doesn’t have to get an Australian passport, same for kids. Thanks for the help Surely for you to apply for a partner visa she will need to prove Australian Citizenship though? Quote Link to comment Share on other sites More sharing options...
Marisawright Posted April 22, 2020 Share Posted April 22, 2020 1 hour ago, Marcrobi said: The nz part means she doesn’t have to get an Australian passport, same for kids. Thanks for the help But for her to apply for an Australian partner visa, she needs to be an Australian citizen and therefore she will need to show evidence that she's an Australian citizen. Quote Link to comment Share on other sites More sharing options...
Marcrobi Posted April 22, 2020 Author Share Posted April 22, 2020 I don’t think she does. Nz have a reciprocal agreement with Australia that allows freedom of movement and right to work. On the application there’s a box where you can select eligible nz citizen. i was hoping there might be someone else who was in the same situation as ourselves but I think it’s a long shot haha Quote Link to comment Share on other sites More sharing options...
OzinEire Posted April 22, 2020 Share Posted April 22, 2020 (edited) I was going to say check your wife is an eligible NZ citizen but honestly I don't think she'll able to apply as a new Zealander if she has Australian citizenship. They're quite strict. Edited April 22, 2020 by OzinEire Quote Link to comment Share on other sites More sharing options...
Marcrobi Posted April 22, 2020 Author Share Posted April 22, 2020 This is going to sound like a stupid question but would a birth certificate be enough to prove someone is an Oz citizen or would she also have to have a passport? Thanks Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted April 22, 2020 Share Posted April 22, 2020 2 hours ago, Marcrobi said: This is going to sound like a stupid question but would a birth certificate be enough to prove someone is an Oz citizen or would she also have to have a passport? Thanks I don’t know the answer but I would doubt it as being born there doesn’t automatically make someone a citizen. You’re probably best to have a consultation with a migrant agent to confirm what you need to know. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted April 22, 2020 Share Posted April 22, 2020 2 hours ago, Marcrobi said: This is going to sound like a stupid question but would a birth certificate be enough to prove someone is an Oz citizen or would she also have to have a passport? Thanks If its for someone doing a stat dec, form 888 says a birth cert is fine. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted April 22, 2020 Share Posted April 22, 2020 8 hours ago, Marcrobi said: I don’t think she does. Nz have a reciprocal agreement with Australia that allows freedom of movement and right to work. On the application there’s a box where you can select eligible nz citizen. i was hoping there might be someone else who was in the same situation as ourselves but I think it’s a long shot haha Eligible NZ Citizen has a very specific meaning in Law and regarding sponsorship for a Partner visa. Simply having a NZ passport does no make one an "eligable NZ Citizen" in the context of a 309/100 visa. Some professional advice may be warranted, especially considering the very high cost of this visa. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted April 22, 2020 Share Posted April 22, 2020 7 hours ago, Marcrobi said: This is going to sound like a stupid question but would a birth certificate be enough to prove someone is an Oz citizen or would she also have to have a passport? Thanks No. She needs to show she is a citizen, because just being born in Australia doesn't automatically convey citizenship. I think she would be foolish not to get the Australian passport if she's eligible for it. As a NZ citizen, she can enter and work in Australia BUT she and your children are not entitled to the full range of benefits. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted April 23, 2020 Share Posted April 23, 2020 17 hours ago, Marcrobi said: Hi. I would appreciate any help anyone can offer regarding this. I’m a UK citizen by birth and my partner is a NZ passport holder but born in Oz and lived there till she was 23. we have two children together who will both be nz passport holders. weve decided to move to Australia and going through the paperwork for the visa and need all the help we can get. It advises on immigration website between 14-20 does anyone know if this is accurate? also if and when the visa is approved how long do you have to enter Australia. we can’t leave the UK until December 2021 at the earliest. appreciate any other advice people would like to give that they think might be relevant. thanks If she is an Australian citizen, regardless of her NZ status, she will need an Australian passport to enter the country, as will any children who are also Australian citizens. This would override her NZ status Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.