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jodznsez

820 visa / 801 visa and my NZ wife!?

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evening all...

doing some digging on getting perm' res' in aus after almost 10 years on 461 visas (uk passport / nz wife)

noticed there's a partner of eligible NZ citizen 820 (temp) and 801 (perm) - the 801 says i might need an 820 first!? seems mad. but is that gospel? anyone done that? or gone straight for an 801?

Or

is it best to my wife to apply for the 189 perm' res' for nz citizens!? (we've been here almost 10 years but we had 11 months back in nz between aug 2016 / july 2017) does that means her 5 years to apply for perm res' restarts in july 2017??

THANK in advance for help/advice.

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Your wife can only sponsor you for a partner visa if she is an Eligible New Zealand Citizen, which is a status determined under the Social Security Act. In summary, New Zealanders are ENZCs if they were in Australia on 26 February 2001 on an SCV, or in Australia for 12 months in the two years before 26 February 2001, or if they otherwise provide written evidence from Centrelink (including the old certificates) to confirm that they are ‘protected SCV holders. If she is an ENZC then you are no longer eligible for the 461 and must apply for the 820/801. It’s now one or the other, you can’t be eligible for both. 
 


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. 

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thanks for that. Appreciate the help.

she don't qualify for those 2 dates so we only qualify for the 5 years thing. ugh.

I did some further reading and i think that 10 months in NZ meant the 5 years started again in july 2017 ffs!! GRR.

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