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Spouse visa from overseas


Marcrobi

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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

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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..........

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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.

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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.  

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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

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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. 

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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. 

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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.

 

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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.  

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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 

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