I’m sure you know that you have to be an Australian citizen or permanent resident to sponsor your partner for an Australian Partner Visa. But did you know that Eligible New Zealand Citizens can also sponsor their partner for an Australian Partner Visa?
There’s a lot of confusion around what this means, so in this blog I’ll be breaking down what it actually means to be an Eligible New Zealand Citizen, and how you can keep your partner in Australia if you’re not.
Who is an Eligible New Zealand Citizen?
Not all New Zealand citizens are treated the same under Australian migration law. Under Australian Immigration law, there is a specific legal category that applies to certain New Zealand citizens.
An Eligible New Zealand Citizen is someone who was living in Australia on or before 26 February 2001 on a Special Category Visa. An Eligible New Zealand Citizen can also be someone who lived in Australia for 12 months in the two years leading up to 26 February 2001, or where Centrelink has established their protected Eligible New Zealand holder status. If you’re unsure of your status, it’s best to refer to the Department’s information around who qualifies as a New Zealand Citizen.
An Eligible New Zealand has many of the same benefits and rights as an Australian Citizen, such as access to social services and HECS loans. For our purposes, an Eligible New Zealand Citizen can also sponsor their partner for an Australian Partner Visa. Determining whether you are actually an Eligible New Zealand Citizen is critical before you start the Partner Visa process.
What if you’re not an Eligible New Zealand Citizen?
Luckily for New Zealand citizens, even if you’re not an Eligible New Zealand Citizen, you can still sponsor your Partner, but it won’t be for a subclass 820/801 or subclass 309/100 visa.
Instead, your partner may be eligible for a Subclass 461 New Zealand Citizen Family Relationship Visa. This visa was specifically designed for family members of New Zealand citizens who are living in Australia on a subclass 444 visa and who are not Eligible New Zealand Citizens.
What is the Subclass 461 Visa?
The Subclass 461 visa allows certain family members of New Zealand citizens to live, work and study in Australia for five years. It is a temporary visa that can be renewed if eligibility requirements continue to be met.
The evidentiary requirements between a subclass 461 visa and the subclass 820/801 and 309/100 visas are quite similar. Couples still need to demonstrate that they are in a genuine and continuing relationship, and provide evidence around the four pillars of relationship.
The biggest difference between these two visas is that one is temporary, and the other leads to permanent residency.
Here’s a breakdown of the differences between the two visas:
Subclass 461
The Subclass 461 visa:
- Is temporary
- Is generally granted for 5 years
- Allows work and study rights
- Can be renewed
- Does not directly lead to permanent residence
Subclass 820/801 or 309/100
The Partner Visa pathway:
- Leads to permanent residence
- Can ultimately lead to Australian citizenship
- Provides a direct migration pathway for the applicant
- Usually involves a temporary stage followed by a permanent stage
This is why understanding your New Zealand citizen status is so important before deciding which visa pathway is available.
Can you move from a subclass 461 visa to a Partner Visa later?
Yes, you can! And we have helped a lot of couples make the move.
One scenario we commonly see is where a New Zealand citizen is not an Eligible New Zealand Citizen, but they later become an Australian citizen. Now they are eligible to sponsor their partner for the Partner Visa, instead of renewing the subclass 461 visa.
I’m an Eligible New Zealand Citizen – can you help me Sponsor my Partner?
Yes! This is exactly what the Partner Visa Academy specialises in. An Evidence Planning Session can help you understand exactly what the Department will expect to see when it comes to your evidence. So if you’re an Eligible New Zealand Citizen looking to sponsor your partner, book a free introductory call with us so we can help you get started on this next chapter of your lives together.
IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.
