# Australian citizen moving to NZ with German partner?



## ISTJ

I am an Australian citizen currently living abroad in Switzerland with my German partner. We have been living together for one year and have been considering moving to NZ now that the economy there seems to be picking up. 

I am wondering if its possible for me to move to NZ as an Australian citizen, and if she could move there with me on an NZ partner visa? Are partner visa's for NZ citizens only, or do they also apply to Australian citizens? 

I have searched everywhere for such info but unable to find anything. All the info I could find is for Australia, and kiwi's wanting to move to Australia. It seems as though this situation rarely happens? 

Is the partner visa process similar to Australia? if she applies onshore then it can take about a year to process, so she is given a Bridging Visa, which gives her full working rights in the meantime. Is it the same deal with NZ? Also what are the costs for this visa? In Australia it is very expensive - $4500. Anyone know what it is in NZ?

Is an offshore application possible (like with Australia), or only onshore for NZ?


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## escapedtonz

Easy answer is Yes, your German partner could move to NZ and secure Residency via the family stream/partnership route........BUT

It's a big BUT.......

You have to pledge that you are going to make NZ your home AND you have to have been living in NZ for a period no less than 12 months before you become eligible to "support" your partners Residency via the family stream/partnership application.

Visas via the family stream/partnership route are only intended for people coming to NZ who want to join their partner here who is already an NZ citizen/resident, but they must have the application supported by the NZ citizen/resident and that person has to be eligible to do so...and you don't meet that yet.

No idea of the Immigration rules in Australia having never attempted to get in there.

Regards,


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## ISTJ

escapedtonz said:


> You have to pledge that you are going to make NZ your home AND you have to have been living in NZ for a period no less than 12 months before you become eligible to "support" your partners Residency via the family stream/partnership application.


Thanks for the quick reply!

Interesting, because I just found another thread where someone says an Australian citizen automatically obtains residency as soon as they arrive in NZ to live, and with residency you can then support your partner with a partnership visa? 

Can't post the URL yet as it won't let me, but you can find it if you search for "Australian Citizen needing NZ residence Visa to sponsor British spouse and daughter"

Am I missing something?


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## escapedtonz

ISTJ said:


> Thanks for the quick reply!
> 
> Interesting, because I just found another thread where someone says an Australian citizen automatically obtains residency as soon as they arrive in NZ to live, and with residency you can then support your partner with a partnership visa?
> 
> Can't post the URL yet as it won't let me, but you can find it if you search for "Australian Citizen needing NZ residence Visa to sponsor British spouse and daughter"
> 
> Am I missing something?


Yes that is correct. An AUS citizen or AUS resident can come to NZ to live and work without the need to apply for a visa. Their AUS passport or AUS residency sticker in the passport will suffice so long as they have a clean police record etc.

Yes they can support a partners residency visa application, BUT not immediately - they have to be eligible to do so by pledging they will be living in NZ and actually live here for 12 months.
An AUS citizen or AUS resident visa holder cannot just come to NZ and immediately get someone else in as a resident or support their application - for obvious reasons.


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## ISTJ

escapedtonz said:


> An AUS citizen or AUS resident visa holder cannot just come to NZ and immediately get someone else in as a resident or support their application - for obvious reasons.


Edit: sorry read that wrong. 

So basically how would she get a partner visa? Would I have to be living in NZ on my own for 12 months first before she is able to move over and get a partnership visa? 

Do you have any links to info about this? I can't seem to find anything.


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## escapedtonz

ISTJ said:


> Edit: sorry read that wrong.
> 
> So basically how would she get a partner visa? Would I have to be living in NZ on my own for 12 months first before she is able to move over and get a partnership visa?
> 
> Do you have any links to info about this? I can't seem to find anything.


Yes, however you would then have the issue that you wouldn't have lived together for the previous 12 months so difficult to prove you have a real loving and committed relationship if you had been living in different countries.
She would have to get some other visa as an individual that allows her to come to NZ to be with you in your 12 months before becoming eligible to support her partnership residency application.
You should research a method by which she can get in NZ.

Links for the partnership stuff here :-
Partner
Can I move to New Zealand?
What is required?
Partnership requirements - New Zealand Immigration Service
Evidence of partnership
Can I support my partner?
How do I apply?

Is she eligible for a WHV (Working Holiday Visa) ?

Working holiday

I think the visitor visa is out as being from Germany she is from a visitor visa waiver country and as such could only come to NZ for 6 months as a visitor and she wouldn't be able to work.....you could ask Immigration or research if she could be allowed a minimum 12 month visitor visa on the basis that she is your partner and you are an AUS citizen wanting to live in NZ ?


Could she land a skilled job here and then obtain a temporary work visa which will allow her to live and work here for a temorary period (minimum skilled job contract must be 12 months) ?

Work in NZ temporarily

Could she secure a study visa here for a university course ? This allows her to be in NZ for the period of the course and she could also work part time up to 20hrs if Immigration allow (this is a seperate request once the study visa granted).

Can I study in New Zealand?


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## ISTJ

So basically in NZ it only counts if you have lived together in NZ for 12 months, and not abroad? With Australia it still counts if you have lived together for 12 months in another country, strange that NZ isn't the same. I couldn't find anywhere that says it must be 12 months in NZ?

Unfortunately she doesn't qualify for a working visa as she is nearly 32. Her occupation isn't on the skilled list either.


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## escapedtonz

ISTJ said:


> So basically in NZ it only counts if you have lived together in NZ for 12 months, and not abroad? With Australia it still counts if you have lived together for 12 months in another country, strange that NZ isn't the same. I couldn't find anywhere that says it must be 12 months in NZ?
> 
> Unfortunately she doesn't qualify for a working visa as she is nearly 32. Her occupation isn't on the skilled list either.


No you misunderstand.
It counts that you have been in a relationship anywhere in the world for 12 months, but in your case it's of no use to you as your partner cannot apply for a residency visa via the family stream/partnership route, because you are not eligible to support her.
When the application is made, Immigration want to know that the relationship is current - i.e. you've been living together at least for the 12 months prior to the visa application.
You can't use a period of time in the past.
Does that explain it better ?


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## ISTJ

Sorry, a little confused.

Do you mean that I would have had to live in NZ for at least 12 months at any stage in my life? For example, I could have lived in NZ for a year before I moved abroad, then went to Switzerland to live, met my partner, then moved to NZ and she could get the partnership visa?

If that is the case, is there anywhere you know of on the immigration site that mentions this?

Also if we moved to Australia first, and she gets permanent residency in Australia after 2 years... would this also allow her to move to NZ? Or do you have to be a full Australian citizen?


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## escapedtonz

ISTJ said:


> Sorry, a little confused.
> 
> Do you mean that I would have had to live in NZ for at least 12 months at any stage in my life? For example, I could have lived in NZ for a year before I moved abroad, then went to Switzerland to live, met my partner, then moved to NZ and she could get the partnership visa?
> 
> If that is the case, is there anywhere you know of on the immigration site that mentions this?
> 
> Also if we moved to Australia first, and she gets permanent residency in Australia after 2 years... would this also allow her to move to NZ? Or do you have to be a full Australian citizen?


No.

Lets start fresh 

You're asking if your partner can get a partnership visa in NZ based on the fact that you are an AUS citizen which allows you to live and work here.

For her to apply via the partnership route, you would have to pledge that you will live in NZ (as you do not live here now) and have been living in NZ for at least the 12 month period prior to the application to be eligible to "support" her application.
At the time of the application you would also have to prove you had a genuine and stable relationship for at least the 12 months prior to that application..........so if you need to have been in NZ for 12 months to qualify to support your partner, you need to have also been together in that 12 months to prove the relationship which allows her to apply for residency via the partnership route.

For you to be eligible to support the application, you must be resident in NZ, i.e. you must be living in NZ at the time of the application and have been living in NZ for minimum 12 months, so No, not any stage of your life.
If she gets AUS residency, she becomes free to come and live/work in NZ just like you as a citizen.

Are we getting warmer :frusty:


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## ISTJ

Ok, so that means I would have to live in NZ for at least 12 months, before being able to make an application for partner visa, correct? However, she obviously wouldn't be able to live with me for those 12 months, only 3 months on a tourist visa. 

This is strange, because in Australia there is no requirement for living there for 12 months in order to apply for the partner visa... you can even make an offshore application and don't even need to be in the country.

From what I understand, the ONLY way she could move to NZ with me is if:

1. She got sponsorship from an employer (is this still possible if not on the skilled list of occupations?). or;

2. If we moved to Australia first with a partner visa (no requirement of living there for 12 months when making an application), then we move to NZ after two years when she gets permanent residency in Australia? 

Thanks for your patience, its just rather confusing.


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## ISTJ

I found another forum where someone is in the same situation as me asking the question:

Partner Visa Application - advice welcome - New Zealand

According to this, she could apply for partnership visa before we even more there?


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## escapedtonz

ISTJ said:


> Ok, so that means I would have to live in NZ for at least 12 months, before being able to make an application for partner visa, correct? However, she obviously wouldn't be able to live with me for those 12 months, only 3 months on a tourist visa.
> 
> This is strange, because in Australia there is no requirement for living there for 12 months in order to apply for the partner visa... you can even make an offshore application and don't even need to be in the country.
> 
> From what I understand, the ONLY way she could move to NZ with me is if:
> 
> 1. She got sponsorship from an employer (is this still possible if not on the skilled list of occupations?). or;
> 
> 2. If we moved to Australia first with a partner visa (no requirement of living there for 12 months when making an application), then we move to NZ after two years when she gets permanent residency in Australia?
> 
> Thanks for your patience, its just rather confusing.


Correct.
Disregarding any other visa options (she is too old for a WHV and you say a temp work visa out of the question as she does not have a skilled trade) other than a visitor visa she would only be able to stay with you for 6 months as that is the length of stay allowed for a traveller from a visa waiver country.

It isn't strange if you think about it. 
When considering your partner applying for a partnership visa for AUS, there is no issue as you are an AUS citizen (this is what makes the difference). Doesn't matter what country you are living in, whether temporary or permanent. As an AUS citizen you have the right to sponsor your partner to live and work there with you, whenever, with virtually no questions asked.
Now consider the same for NZ.......
You aren't an NZ citizen. As an AUS citizen you just have the right to live and work here in NZ without the need to apply for a visa.
Doesn't give you additional rights to get someone else in.

1. No it has to be skilled or along the talent route.

2. Yes. Seems like the easiest plan to me, assuming your partner would be eligible for an AUS residency class visa after 2 years. I don't know AUS Immigration rules.


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## ISTJ

Thanks for the info, but I believe you may be mistaken about me having to life in NZ for 12 months before being able to apply for a partnership visa. Can I ask where you found this info? 

According to this: F2.10 Definitions it is also possible for Australian citizens to obtain a partner visa. I can't seem to find any info which states that as an Australian citizen, you must live in NZ for 12 months before making an application for a partner visa? 



> F2.10.5 Definition of 'New Zealand resident' for the purposes of Partnership Category
> New Zealand resident means a person who:
> holds, or is deemed to hold, a current New Zealand residence class visa; or
> holds a valid Australian passport.
> Despite (a) above, the following people are defined as New Zealand residents for the purposes of Partnership Category only where an immigration officer is satisfied that New Zealand is their primary place of established residence at the time the application under Partnership is made and at the time of assessment of the application:
> holders of valid Australian passports who do not hold a current New Zealand residence class visa;
> holders of current New Zealand residence class visas that have been granted on the basis that the person is the holder of a current Australian permanent residence visa, or a current Australian resident return visa.



There is also further discussion about it here Moving to NZ with foreign pregnant partner - New Zealand which sounds very similar to my case.


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## ISTJ

Also Australian citizen sponsoring spouse? - New Zealand



> We are in exactly the same situation as you and moved to NZ last October (from Oregon). *You can sponsor your spouse as soon as you are actually physically present in NZ and have proof of your intent to stay* (shipping receipts from when you send your household belongings, rental or purchase contracts etc). Check through my previous posts as I shared my experiences on this forum...


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## escapedtonz

ISTJ said:


> Thanks for the info, but I believe you may be mistaken about me having to life in NZ for 12 months before being able to apply for a partnership visa. Can I ask where you found this info?
> 
> According to this: F2.10 Definitions it is also possible for Australian citizens to obtain a partner visa. I can't seem to find any info which states that as an Australian citizen, you must live in NZ for 12 months before making an application for a partner visa?
> 
> 
> 
> 
> There is also further discussion about it here Moving to NZ with foreign pregnant partner - New Zealand which sounds very similar to my case.


I'm sure I've seen the 12 month stipulation somewhere but can't find it quickly. Will have to have a more in depth look later.

See this :-
Evidence of partner's immigration status

I read this as saying that because you are an AUS citizen but don't have NZ residency status you aren't eligible to support a partnership based visa application.
To become eligible you must provide evidence that New Zealand is your primary place of established residence at the time the application is made and assessed.
So, I guess you must be living in NZ when you maje that justification - i.e. you have an address here, a life, a bank account etc ?


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## ISTJ

escapedtonz said:


> I'm sure I've seen the 12 month stipulation somewhere but can't find it quickly. Will have to have a more in depth look later.
> 
> See this :-
> Evidence of partner's immigration status
> 
> I read this as saying that because you are an AUS citizen but don't have NZ residency status you aren't eligible to support a partnership based visa application.
> To become eligible you must provide evidence that New Zealand is your primary place of established residence at the time the application is made and assessed.
> So, I guess you must be living in NZ when you maje that justification - i.e. you have an address here, a life, a bank account etc ?


But couldn't I just move to NZ, get residency (this is given on arrival to AUS citizens) and my girlfriend comes with me on a visitor visa? Then once I have a place to live, bank account etc, she could apply for the partnership visa? However, then there is a matter of what she would do in the meantime while waiting for the visa to be processed... which can take up to 9 months I believe. Does NZ also give a "bridging visa" which allows her to work in the meantime while waiting for the partner visa application to be processed? 

Still can't find anything which states that I must live in NZ for 12 months before making an application for a partner visa.


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## escapedtonz

ISTJ said:


> But couldn't I just move to NZ, get residency (this is given on arrival to AUS citizens) and my girlfriend comes with me on a visitor visa? Then once I have a place to live, bank account etc, she could apply for the partnership visa? However, then there is a matter of what she would do in the meantime while waiting for the visa to be processed... which can take up to 9 months I believe. Does NZ also give a "bridging visa" which allows her to work in the meantime while waiting for the partner visa application to be processed? Still can't find anything which states that I must live in NZ for 12 months before making an application for a partner visa.


Yeah I can't find the 12 month stipulation although I'm sure I read it only a few days ago ?

Your method sounds good to me if the 12 month stipulation doesn't exist but there is the problem of the time it takes to be awarded the partnership visa - 9 months.
If she's only allowed to be a visitor 6 months then that won't work.
No bridging visas in NZ that I know of but there is a partnership temporary work visa that she could apply for based on the fact you are a resident in NZ and you will support her. She probably wouldn't need an actual job offer but immigration will need to be satisfied that you will look after her and her costs until the partnership residency visa came through.
It also means she can work in any job - wouldn't have to be skilled only.

Please check with Immigration though.


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## escapedtonz

Please read this out of the opsmanual

www.immigration.gov.nz/opsmanual

F2.10.5 Definition of 'New Zealand resident' for the purposes of Partnership Category

New Zealand resident means a person who: 
holds, or is deemed to hold, a current New Zealand residence class visa; *or 
holds a valid Australian passport.*
Despite (a) above, the following people are defined as New Zealand residents for the purposes of Partnership Category only where an immigration officer is satisfied that New Zealand is their primary place of established residence at the time the application under Partnership is made and at the time of assessment of the application: 
holders of valid Australian passports who do not hold a current New Zealand residence class visa; 
holders of current New Zealand residence class visas that have been granted on the basis that the person is the holder of a current Australian permanent residence visa, or a current Australian resident return visa.
Where (b) applies, evidence must be provided that the eligible New Zealand partner’s primary place of established residence is New Zealand. The evidential requirements are set out at F2.20.5.

If you arrive in NZ as an AUS passport holder and you have a clean police record you should be given an NZ resident visa at the airport in exchange for the passenger card you will have completed on the flight.

Your partner also arrives with the passenger card and with her German passport should be granted a visitor visa for 6 months.
***Just an aside point here. You both arrive as a couple. You are in NZ to live and work permanently. Your partner is with you as a visitor. Immigration may ask questions and may think your partner is not a genuine visitor. This may be a concern for nothing, however I don't have any clue how an Immigration Officer thinks ***

At this point I don't see how you can immediately apply for a partnership residency visa for your partner.
You've both only just arrived in the country.
In this instance, an Immigration Officer cannot be satisfied that you meet the criteria to support the partnership residency application as that Immigration Officer cannot be convinced that NZ is your home ?

I cannot actually find the 12 month stipulation that I mentioned in earlier posts. 
The question that needs answering is....
How long do you have to live and make a life in NZ to satisfy an Immigration Officer that you are staying in NZ to live permanently, and to then become eligible to support your partners residency application ?

There is some highlighted text within the Immigration website referring to "New Zealand Citizens and Residents" and the requirements they have to meet to be eligible to support a partnership application within the family stream/partnership area, however the link takes you to something totally unrelated


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## escapedtonz

Ok, Ive done lots of digging and I can't find any time limit stipulation anywhere that says you as an AUS passport holder must be living in NZ for a minimum time before you can support a partnership residency application.

It appears that when you arrive at the border with your AUS passport and the passenger card you will be offered an NZ Residency Visa and all you have to do is tick a box that states you intend to remain or "reside" in NZ for a minimum period of 2 years.
Your travelling companion partner should be offered an extended visitor visa on the basis that she is with an NZ resident visa holder who is her partner.

For your partner - you can then apply for either :

(1) A temporary partnership based work visa. This can be granted and will allow your partner to live and work in NZ for a period of 2 years.

(2) A partnership based residency visa which will allow permanent stay and will be equivalent in status to your resident visa with the same 2 year travel restriction.

If you elect for no (1) you can at any time apply for no (2).

Think that's a good result and means you can both travel here asap.

Good luck


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## Kimbella

escapedtonz said:


> No.
> 
> Lets start fresh
> 
> You're asking if your partner can get a partnership visa in NZ based on the fact that you are an AUS citizen which allows you to live and work here.
> 
> For her to apply via the partnership route, you would have to pledge that you will live in NZ (as you do not live here now) and have been living in NZ for at least the 12 month period prior to the application to be eligible to "support" her application.
> At the time of the application you would also have to prove you had a genuine and stable relationship for at least the 12 months prior to that application..........so if you need to have been in NZ for 12 months to qualify to support your partner, you need to have also been together in that 12 months to prove the relationship which allows her to apply for residency via the partnership route.
> 
> For you to be eligible to support the application, you must be resident in NZ, i.e. you must be living in NZ at the time of the application and have been living in NZ for minimum 12 months, so No, not any stage of your life.
> If she gets AUS residency, she becomes free to come and live/work in NZ just like you as a citizen.
> 
> Are we getting warmer :frusty:


Wow, even I'm confused! 

What I am extrapolating from the reply is that his partner essentially *cannot* come over on a partnership stream because they'll be unable to satisfy "being together" for 12 months, if they are living apart! 

The part that confuses me is if an Aussie citizen gets (temporary) PR as soon as they hit shore, how can it be they are precluded from applying for a partnership based temporary work Visa for their spouse?

Immigrants coming here from other countries have that option to them (immediate ability to apply to sponsor their partner).... the only difference I see is that an Aussie just doesn't go through the same PR application process, but the outcome is essentially the same: (temporary) permanent residency, which should allow them to sponsor their spouses partnership (work) Visa. 

I think that's where I'm confused. Other than the *process* for the PR (automatic grant for Aussies when they land versus submitted for approval for "any other immigrant") doesn't the PR status allow for partnership stream regardless of time the sponsor has been here--as long as they have evidence NZ is their primary residence? 

I ask because, for example, an Irish immigrant does not have to live here under (temp) PR for 12 months before their spouse can apply for a work Visa, they (the spouse of the permanent residency holder) can apply for a partnership based work Visa as soon as the primary Permanent Visa holder has been approved. In the case of an Aussie, it seems they "should" be able to essentially do the same thing, albeit modified: come to NZ, receive their PR visa, and immediately set about sponsoring their spouse/partner. It doesn't seem logical (to me) that this way is any more riskier for the state than approving the spouse of someone who immigrated the conventional way... the sponsored spouse still has to go through all the Visa process steps: medical, x-ray, police cert etc., and NZ can *still* deny the application.

What is the higher risk in allowing a non-Aussie spouse of an Aussie citizen (granted temporary PR) in to NZ after their Aussie spouse has settled here within weeks, versus the same scenario for an "insert any other immigrant nationality here"? The Aussie spouse still has to meet all the same criteria to sponsor ... and the non-Aussie spouse still has to meet all the same criteria to be approved ...

I couldn't find anything on the INZ website supporting the premise that the Aussie PR holder has to live in NZ for 12 months before they can sponsor their partner. I did find this which spells out clearly what is needed to be a sponsor though... 

heche tee tee p://www.immigration.govt.nz/migrant/stream/live/partner/canimovetonz/whatisrequired/evidenceofpartnersstatus.htm

I'm definitely not the expert on any of this, but it really isn't directly addressed in anything I could find on the INZ website that a requirement of 12 months living in NZ is mandatory before a partner can sponsor a Visa. The non-Aussie partner won't get PR like the Aussie spouse, but it does seem they are eligible to apply for a partnership based work Visa which will allow them to meet the mandatory "have lived together for 12 months" criteria, which would then allow the non-Aussie spouse to apply for temp residency in the future.

Maybe I've got it all wrong?


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## Kimbella

Disregard above post; somehow I managed to miss the page in between where it had already been clarified! D'oh!)


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## jawnbc

There is no 12 month requirement for Aussies sponsoring their partner. 

The requirement is to prove to INZ that you've got ties to NZ. So bring her/him as a visitor, find a place to live and a job, get a NZ driving licence and a bank account, then apply to sponsor her. Those things are all the sorts of ties they're interested in.


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