Partner Visa Sponsor Who Is an Eligible New Zealand Citizen

A New Zealand citizen partner visa sponsor must be an "eligible New Zealand citizen". Being a New Zealand citizen who lives in Australia is not enough. The Migration Regulations 1994 allow a partner visa to be sponsored by an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and the last of those three is a defined term with a precise legal test. Whether someone can act as a New Zealand citizen partner visa sponsor depends almost entirely on where they were, and what visa they held, on or around 26 February 2001.

This guide explains the test every New Zealand citizen partner visa sponsor must pass, in depth. It covers the definition in regulation 1.03, the four categories in section 7 of the Social Security Act 1991, how the 26 February 2001 date works in practice, the evidence the Department of Home Affairs relies on, and how to prepare a sponsorship so the decision maker can see the sponsor's status without delay. It is written for New Zealand citizens in Australia, or overseas, who want to sponsor a spouse, de facto partner or fiancé, and for the partners they want to sponsor. The general partner visa requirements apply in every case. For a broader view of every partner visa subclass, see our complete guide to partner visas in Australia. For the firm's partner visa services, see the partner visa lawyers page.

Can a New Zealand citizen sponsor a partner visa?

Yes, a New Zealand citizen can sponsor a partner visa, but only if they are an eligible New Zealand citizen as defined in regulation 1.03 of the Migration Regulations 1994. A New Zealand citizen who does not meet that definition cannot be a sponsor, even after many years of living, working and paying tax in Australia.

The rule comes from the partner visa criteria themselves. The applicant must be the spouse or de facto partner of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen (clause 820.211(2) for the onshore Subclass 820 visa and clause 309.211(2) for the offshore Subclass 309 visa). Where the partner has turned 18, that same partner is the sponsor (paragraph 820.211(2)(c) and clause 309.213). For the Subclass 300 Prospective Marriage visa, the prospective spouse must be the sponsor and must be at least 18 (subclauses 300.213(1) and (2)).

So the question for every New Zealand citizen partner visa sponsor is not "Am I a New Zealand citizen?" It is "Am I an eligible New Zealand citizen?" The short version of the answer is this:

• A New Zealand citizen who was in Australia on 26 February 2001 as a Special Category visa (SCV) holder is generally eligible.
• A New Zealand citizen who spent 12 months or more in Australia in the 2 years before 26 February 2001, and later returned, is generally eligible.
• A small number of people who were temporarily absent on 26 February 2001, or who began living in Australia in the 3 months from that date, may be eligible under special rules.
• Most New Zealand citizens who first arrived in Australia after 26 February 2001 are not eligible, unless they have since become Australian citizens or permanent residents.

Our short answer page, Can a New Zealand Citizen Sponsor a Partner Visa?, gives the same position in brief. The general rules on who can sponsor a partner visa apply to all sponsors, and the partner visa eligibility guide covers the applicant's side of the criteria.

What does regulation 1.03 say about an eligible New Zealand citizen?

Regulation 1.03 of the Migration Regulations 1994 defines an eligible New Zealand citizen as a New Zealand citizen who is a "protected SCV holder" within the meaning of section 7 of the Social Security Act 1991. That definition has applied since 1 July 2017.

This is unusual drafting. The Migration Regulations do not set out their own test. They borrow a concept from Australia's social security law. A "protected SCV holder" is a New Zealand citizen whose status was protected when the rules for New Zealand citizens in Australia changed on 26 February 2001. From that date, New Zealand citizens who arrived later were generally treated differently for social security and migration purposes. Those already here, or closely connected to Australia at that point, were "protected".

Three practical consequences follow for any New Zealand citizen partner visa sponsor.

First, the status is fixed by reference to a point in time. It looks back to 26 February 2001 and the period around it. Nothing a person does today can create the status if the historical facts were not there.

Second, the status is not a visa. It does not appear as a grant notice, and it is not recorded as a separate status on Department systems. The Department works it out from records of movements and visas, or from a Centrelink certificate.

Third, the definition no longer includes health and character requirements. Before 1 July 2017, the definition was framed differently. Some older material, and some summaries still circulating online, describe the earlier test. A New Zealand citizen partner visa sponsor should rely only on the current definition.

The Department's policy on the definition notes one further point. Some sponsorship or visa criteria in other programs separately require an eligible New Zealand citizen to be "settled" or "usually resident" in Australia. Those requirements are not part of the definition itself. The definition is only the historical test described below.

The four categories of protected SCV holder

A New Zealand citizen is a protected SCV holder if they fall within one of the categories in subsections 7(2A), 7(2B), 7(2C) or 7(2D) of the Social Security Act 1991. Each category is explained below in plain English, with the type of person who usually fits it. A New Zealand citizen partner visa sponsor needs to fit only one.

Subsection 7(2A)(a): in Australia on 26 February 2001

A New Zealand citizen is a protected SCV holder if they were in Australia on 26 February 2001 and held a Special Category visa on that day. This is the most common category for a New Zealand citizen partner visa sponsor.

The typical person is a New Zealand citizen who moved to Australia in the 1990s or earlier and was living here in February 2001. It also covers people who happened to be physically in Australia on that day as SCV holders. A person who was a child in Australia with their family on that date can also fall within this category, because the test turns on the person's own presence and visa, not their age. Many adults now in their late twenties and thirties sponsor on this basis without realising that their childhood in Australia is what makes them eligible.

Subsection 7(2A)(b): 12 months in the 2 years before 26 February 2001

A New Zealand citizen is also a protected SCV holder if they were in Australia for a period or periods totalling 12 months in the 2 years immediately before 26 February 2001, and returned to Australia after that day.

The typical person is someone who lived in Australia for a year or more in 1999 and 2000, went back to New Zealand or elsewhere before 26 February 2001, and came back to Australia later. The 12 months does not need to be one continuous stay. Several shorter stays can add up. The Department counts days from movement records, so precise dates matter. A New Zealand citizen partner visa sponsor who relies on several short stays should list each one, with arrival and departure dates.

Subsection 7(2B): temporarily absent and receiving a payment

A New Zealand citizen is a protected SCV holder under subsection 7(2B) if they were residing in Australia on 26 February 2001 but were temporarily absent that day, held an SCV immediately before leaving, were receiving a social security payment on 26 February 2001, and returned within the portability period.

The typical person is a New Zealand citizen who lived in Australia, was receiving a Centrelink payment, and was on a trip overseas on the key date. A New Zealand citizen partner visa sponsor in this category faces an evidence problem. Because the person was not physically in Australia on 26 February 2001, movement records alone will not show eligibility. The evidence is a Certificate of Australian Residence from Centrelink.

Subsection 7(2C): began residing in Australia in the 3 months from 26 February 2001

A New Zealand citizen may be a protected SCV holder under subsection 7(2C) if they commenced, or recommenced, residing in Australia in the 3 months beginning on 26 February 2001, and either a social security claim was granted on the protected basis or a determination was made under subsection 7(2E).

The typical person arrived to live in Australia in March, April or May 2001 and dealt with Centrelink at the time. Arrival in that window is not enough on its own. There must also have been a claim or a determination. A New Zealand citizen partner visa sponsor who arrived in that window but never dealt with Centrelink at the time is unlikely to fit this category. The evidence is again a Certificate of Australian Residence.

Subsection 7(2D): temporarily absent without a payment

A New Zealand citizen may be a protected SCV holder under subsection 7(2D) if they were residing in Australia on 26 February 2001 and temporarily absent, were not receiving a social security payment, and satisfy the further return, claim or determination conditions in that subsection.

The typical person lived in Australia but was overseas on the key date and was not receiving a payment. Like subsection 7(2C), this category depended on steps taken with Centrelink at the time. The evidence is a Certificate of Australian Residence.

These last three categories are rare. Most New Zealand citizen partner visa sponsor matters turn on subsection 7(2A), and a New Zealand citizen partner visa sponsor in that position usually needs nothing beyond the Department's own records. But a sponsor who was overseas on 26 February 2001, or who arrived just after it, should not assume they are ineligible until the Centrelink position has been checked. Our article on partner visas and Centrelink explains how Centrelink interacts with partner visas more generally.

Why 26 February 2001 decides the New Zealand citizen partner visa sponsor question

The date 26 February 2001 decides the New Zealand citizen partner visa sponsor question because the definition of eligible New Zealand citizen is tied to protected SCV holder status, and that status was fixed by reference to that date. A New Zealand citizen's position on and around that day is permanent. It cannot be gained later and it is not lost by later events.

The two-year look-back window for subsection 7(2A)(b) runs from 26 February 1999 to 25 February 2001. A New Zealand citizen partner visa sponsor relying on that category needs at least 12 months of presence in Australia within that window. Time in Australia before 26 February 1999 does not count toward the 12 months, however long it was. Time after 26 February 2001 does not count either.

Worked illustrations

The following scenarios are invented and are included only to illustrate how the test operates. They are not client stories. Each assumes the person was a New Zealand citizen who held a Special Category visa whenever they were in Australia.

Illustration 1: living in Australia on the day. Aroha moved to Brisbane in 1997 and was living there on 26 February 2001. She now lives in Perth and wants to sponsor her husband. She falls within subsection 7(2A)(a). She is an eligible New Zealand citizen and can act as a New Zealand citizen partner visa sponsor. Her movement records should show she was in Australia on that date.

Illustration 2: the 12 months in 2 years test. Liam lived in Melbourne from 1 March 1999 to 31 December 2000, a period of about 22 months inside the look-back window. He returned to New Zealand, then moved back to Australia in 2006. He was not in Australia on 26 February 2001, but he spent more than 12 months in Australia in the 2 years before that date and returned afterwards. He falls within subsection 7(2A)(b).

Illustration 3: short of 12 months. Mere spent 7 months in Sydney in 1999 and 3 months in 2000, a total of 10 months in the window, and was in New Zealand on 26 February 2001. She moved to Australia permanently in 2004. She does not meet subsection 7(2A)(b). Unless one of the special categories applies, she is not an eligible New Zealand citizen and cannot be a New Zealand citizen partner visa sponsor.

Illustration 4: arrived after the date. Tama first arrived in Australia in 2003 and has lived here for more than 20 years. Despite that long residence, he is not an eligible New Zealand citizen. He cannot be a New Zealand citizen partner visa sponsor on the basis of his New Zealand citizenship.

Illustration 5: a childhood in Australia. Sione was 6 years old and living in Adelaide with his parents on 26 February 2001. The family returned to New Zealand in 2003. Sione came back to Australia as an adult in 2019. He falls within subsection 7(2A)(a). His childhood presence in Australia on the key date makes him an eligible New Zealand citizen now.

The illustrations show why the length of current residence is irrelevant. Tama has lived in Australia far longer than Liam, but Liam can sponsor as an eligible New Zealand citizen and Tama cannot.

What does not matter for a New Zealand citizen partner visa sponsor?

Many facts that people expect to matter have no role in the eligible New Zealand citizen test. A New Zealand citizen partner visa sponsor does not need to satisfy any of the following.

Holding a Special Category visa now

The definition does not require the person to hold an SCV today. An eligible New Zealand citizen who is overseas holds no Australian visa at all, and is still an eligible New Zealand citizen. Equally, holding a Subclass 444 Special Category visa today does not prove eligibility. Almost every New Zealand citizen in Australia holds an SCV, whether or not they are eligible, so a current Subclass 444 tells the case officer nothing about whether a New Zealand citizen partner visa sponsor meets the test. This is also why temporary visa holders cannot sponsor a partner: the Subclass 444 is itself a temporary visa.

Being in Australia now

An eligible New Zealand citizen can live overseas and still sponsor. Where a New Zealand citizen partner visa sponsor lives does not affect the definition. It does affect the evidence of the relationship and the couple's practical plans, which is why our page on whether an Australian living overseas can sponsor a partner is relevant to New Zealand citizen sponsors too. If the sponsor spends long periods away, our article on extended overseas absences explains the evidence issues. If the couple are applying offshore, our guide to the offshore partner visa explains the Subclass 309 process. If the sponsor will be away during an onshore application, see whether a sponsor can live overseas while a Subclass 820 is processed.

Health and character in the definition

Since 1 July 2017, health and character requirements have not formed part of the eligible New Zealand citizen definition. A New Zealand citizen partner visa sponsor's character can still matter to the separate sponsorship checks discussed later, but it does not decide whether the sponsor is an eligible New Zealand citizen.

Length of current residence, work or tax history

Years of residence after 2001, employment, home ownership and tax returns do not make someone an eligible New Zealand citizen. They may be useful relationship evidence, but they do not answer the definition. A New Zealand citizen partner visa sponsor who arrived in 2002 and has lived here ever since is in a weaker legal position than a sponsor who was living in Australia in February 2001, left in 2003 and has never returned.

Income

There is no minimum income test for any partner visa sponsor, including a New Zealand citizen partner visa sponsor. See our answer on whether a sponsor needs a minimum income for a partner visa and our article on partner visa income requirements.

What evidence does a New Zealand citizen partner visa sponsor need?

A New Zealand citizen partner visa sponsor needs evidence of New Zealand citizenship and evidence that brings them within one of the protected SCV holder categories. For most sponsors, the second part is shown by the Department's own movement and visa records. For sponsors in the less common categories, it is shown by a Certificate of Australian Residence from Centrelink.

Identity and New Zealand citizenship

A New Zealand citizen partner visa sponsor's New Zealand passport is the usual evidence of identity and citizenship. If the passport used to travel to Australia in or before 2001 was a different passport, the details of that earlier passport (where known) help the Department match the sponsor to old movement records. A change of name since 2001 should be explained with the relevant certificate. Our guide to the partner visa document checklist and our answer on what documents a sponsor needs to provide set out the general documents.

Department movement and visa records (subsection 7(2A))

For subsection 7(2A) sponsors, the Department checks its own movement and visa records. If those records show the sponsor was in Australia on 26 February 2001 as an SCV holder, or show 12 months of presence in the look-back window and a later return, no further documents are needed to prove the status. A New Zealand citizen partner visa sponsor should still state clearly, in the sponsorship, the basis on which they claim to be an eligible New Zealand citizen and the relevant dates, so the decision maker knows what to look for.

Where a sponsor is unsure what the records show, the sponsor can ask the Department for a copy of their own international movement records before lodging. Doing this early avoids building an application on a sponsor whose dates do not support eligibility. Personal records the Department holds can also be sought under freedom of information, which our article on partner visa FOI requests explains.

Certificate of Australian Residence (subsections 7(2B), 7(2C) and 7(2D))

For subsections 7(2B), 7(2C) and 7(2D), the evidence is a Certificate of Australian Residence issued by Centrelink. These categories depend on facts Centrelink assessed, such as a payment being received or a determination being made, which the Department's movement records do not show.

A person who is unsure whether they hold a Certificate of Australian Residence should ask Centrelink (Services Australia) for a copy. Ask early. A New Zealand citizen partner visa sponsor relying on one of these categories should have the certificate in hand before the sponsorship is lodged, not after the Department asks for it.

The Certificate of Status for New Zealand Citizens in Australia is not evidence

The Certificate of Status for New Zealand Citizens in Australia (CSNZCA) stopped being issued on 1 July 2017. It is not evidence of immigration status or citizenship status, and it does not prove that a New Zealand citizen partner visa sponsor is an eligible New Zealand citizen. Sponsors who hold an old CSNZCA should not rely on it.

Supporting records from the time

Where records are incomplete, contemporaneous documents from around 2001 can help explain the history: school enrolment records, employment records, tenancy records, Medicare or tax records from the period. They do not replace movement records or a Certificate of Australian Residence, but they can help the Department locate the right records and confirm the dates. These records are often the only way a New Zealand citizen partner visa sponsor can fill a gap in old travel records. Our guide to partner visa missing documents discusses how gaps are handled generally.

How does the Department check a New Zealand citizen partner visa sponsor?

The Department checks a New Zealand citizen partner visa sponsor by comparing the sponsor's claimed basis of eligibility with its own movement and visa records, or with a Certificate of Australian Residence where the sponsor relies on a Centrelink category. Because eligible New Zealand citizen status is not recorded as a status on Department systems, the case officer works it out each time.

In practice, this means the sponsorship should make the case officer's task easy. A sponsorship that states "I am an eligible New Zealand citizen because I was in Australia on 26 February 2001 as an SCV holder, having arrived on [date]" points the case officer straight to the relevant records. A sponsorship that says only "New Zealand citizen" leaves the case officer to discover the basis, or to conclude that the sponsor is not eligible.

Where the records do not clearly support eligibility, the Department will usually ask for more information under section 56 of the Migration Act 1958, or put adverse information to the applicant under section 57. The firm's answer on a section 56 request for a partner visa explains the practical steps. Our guides to the partner visa section 56 request and section 57 adverse information explain how those letters work. A short deadline usually applies, which is one more reason to have the evidence ready in advance.

What Tribunal decisions show about sponsor information

Sponsorship problems frequently come down to missing information rather than ineligibility. In Manalo (Migration) [2024] AATA 1927, a Subclass 820 matter, the headnote records that the sponsorship form and other requested material were not provided to the Department, and the matter was remitted. In Sathandla Halli Vijayakumar (Migration) [2022] AATA 91, also a Subclass 820 matter, the headnote refers to insufficient information concerning the sponsor, the sponsorship declaration and a National Police Check, and the matter was remitted. Neither case concerned an eligible New Zealand citizen, and neither is a My Migration Lawyers matter. They show a general point that applies with particular force to a New Zealand citizen partner visa sponsor: where the Department cannot see the information it needs about the sponsor, the application can fail, even if the sponsor was eligible all along.

The sponsorship must also be approved and remain in force at the time of decision (clause 820.221(4), subclause 309.222(1) and subclause 300.222(1)). Vispo (Migration) [2023] AATA 694 illustrates how a sponsor's own status can become the decisive issue: the headnote records that the sponsor's permanent visa had been cancelled and that the cancellation was set aside by a differently constituted Tribunal. An eligible New Zealand citizen's status cannot be cancelled in that way because it is not a visa, but the case shows why the sponsor's status must be clear and current throughout.

Preparing the sponsorship for a New Zealand citizen partner visa sponsor

Preparing the sponsorship for a New Zealand citizen partner visa sponsor means confirming eligibility before lodgement, choosing the right visa subclass, completing the sponsorship form accurately, and attaching or identifying the evidence of eligible New Zealand citizen status. The steps below follow the order in which the work is usually done.

Confirm eligibility before anything is lodged

Confirm the New Zealand citizen partner visa sponsor's category and dates first. For a subsection 7(2A) sponsor, that means establishing the date of arrival before 26 February 2001, or the dates of each stay in the look-back window and the date of return. For a Centrelink category, it means obtaining the Certificate of Australian Residence. Our answer on having a lawyer check a partner visa before lodging explains why this early check matters.

Choose the right subclass

An eligible New Zealand citizen can sponsor a partner for the onshore Subclass 820 and Subclass 801, the offshore Subclass 309 and Subclass 100, or the Subclass 300 Prospective Marriage visa. The New Zealand citizen partner visa sponsor test is the same for each of these subclasses. The choice of subclass depends on where the applicant is, the applicant's current visa, and whether the couple is married, in a de facto relationship or engaged. Our guides on which partner visa to apply for, the Subclass 820 versus Subclass 309 choice and onshore versus offshore partner visas explain the differences. De facto couples should also check the 12-month rule in our guide to de facto partner visas in Australia and our article on whether you need 12 months of de facto relationship.

Complete the sponsorship form accurately

The sponsorship is made on the online form titled "Sponsorship for a Partner to Migrate to Australia (300, 309/100, 820/801)", commonly called Form 40SP. Our answer on Form 40SP for a partner visa explains what it involves. A New Zealand citizen partner visa sponsor should answer the citizenship and residence questions carefully and consistently with the movement records. Where the form allows, the basis of eligibility and the key dates should be stated. Where it does not, a short covering explanation lodged with the sponsorship serves the same purpose.

Our Subclass 820 visa guide explains the onshore application in full. The Subclass 820 and Subclass 309 applications can be lodged before the sponsorship, because the sponsorship is not a validity requirement for those applications. The exception is an applicant subject to section 48 of the Migration Act 1958, who needs a completed sponsorship signed by the sponsoring spouse or de facto partner for the application to be valid (subparagraph 1124B(3)(e)(ii)). The Subclass 300 can be lodged without it but cannot be granted without the approved sponsorship. Our article on invalid partner visa applications explains why validity requirements must be checked first.

Keep the sponsor's history consistent across every form

The sponsor's dates of arrival and departure appear in more than one place: the sponsorship, the applicant's forms, the relationship statement and sometimes the Form 80 personal particulars. Inconsistency invites questions. Our guides to Form 80 for a partner visa, the partner visa relationship statement, Form 888 witness statements and the partner visa relationship timeline explain how to keep the account consistent.

Upload the evidence in an organised way

Movement records, the Certificate of Australian Residence where relevant, and passport pages should be uploaded with clear file names, so the evidence that the New Zealand citizen partner visa sponsor is eligible sits in one place. Our partner visa checklist and our answer on partner visa documents list the wider documents. See our guide to partner visa ImmiAccount uploads. The relationship itself still has to be proved across the four aspects of the relationship, which our guides to the genuine and continuing relationship, financial aspects and social aspects cover in detail.

Which other sponsor checks apply to an eligible New Zealand citizen?

Every other sponsorship check applies to an eligible New Zealand citizen in the same way as to an Australian citizen or permanent resident sponsor. Being an eligible New Zealand citizen opens the door for a New Zealand citizen partner visa sponsor. It does not exempt the sponsor from the rules that decide whether the sponsorship is approved.

In brief, the main checks are these:

• Sponsorship limits. Regulation 1.20J limits a sponsor to two approved partner or fiancé sponsorships in a lifetime, requires 5 years between the first visa application and the decision on the current sponsorship, and stops a person who was sponsored as a partner from sponsoring until 5 years after their own visa application. A waiver is available for compelling circumstances affecting the sponsor (regulation 1.20J(2)). See partner visa sponsorship limitations, the firm's sponsorship limitations service, and our answers on sponsoring more than one partner and sponsoring after being sponsored yourself.
• Children and police checks. Where an applicant under 18 is included, regulation 1.20KB applies and the sponsor must provide police checks, including a "Complete Disclosure" Australian National Police Check where the sponsor has spent 12 months or more in Australia since turning 16. A New Zealand police certificate may be needed for a sponsor who has spent 12 months or more in New Zealand in the last 10 years since turning 16. See our guides on the AFP police check and overseas police certificates.
• Relevant offences. Under regulations 1.20KC and 1.20KD, a sponsorship may be refused where the sponsor has a conviction for a "relevant offence" and a "significant criminal record", subject to approval where reasonable. The sponsor must also consent to disclosure of relevant convictions to the applicant (clause 820.221(4)(b); subclause 309.222(2)). See can I get a partner visa if my sponsor has a criminal record.
• The undertaking. The sponsor undertakes to provide adequate accommodation and financial assistance as required to meet reasonable living needs for up to two years.

Our answer on a police check for a partner visa covers the practical side. The overview of partner visa character requirements and our answer on what happens if a partner's sponsorship is refused give more detail.

What if an eligible New Zealand citizen is now an Australian citizen or permanent resident?

An eligible New Zealand citizen who has since become an Australian citizen or permanent resident should sponsor in that capacity. Citizenship or permanent residence is a simpler status to prove than eligible New Zealand citizen status. A citizenship certificate or Australian passport, or a permanent visa grant, shows the status directly, and there is no need to reconstruct movements from 2001.

A New Zealand citizen who became an Australian citizen holds dual citizenship in most cases and sponsors as an Australian citizen. The sponsorship should say so, and the evidence should be the evidence of Australian citizenship. Our answer on how to prove a sponsor is an Australian citizen explains what is accepted. The same sponsorship limits apply whichever capacity is used. There is no advantage in acting as a New Zealand citizen partner visa sponsor once Australian citizenship has been granted, and relying on the simpler status reduces the risk of questions. Our article on the partner visa citizenship pathway explains citizenship more generally.

What if the New Zealand citizen is not eligible?

If the New Zealand citizen is not an eligible New Zealand citizen, they cannot sponsor a partner visa until they become an Australian citizen or permanent resident, but other options exist for the couple. These include the Subclass 461 New Zealand Citizen Family Relationship visa for the partner, and the sponsor's own path to citizenship explained in our answer on whether a lawyer can help a New Zealand citizen sponsor a partner.

Common mistakes by a New Zealand citizen partner visa sponsor

The most common mistake by a New Zealand citizen partner visa sponsor is assuming that a long period of life in Australia makes them eligible. It does not. Eligibility depends on the 2001 facts, not on current residence. Much of the general information about New Zealand sponsors gets this wrong, either by suggesting that a set number of years of residence is enough, or by treating any New Zealand citizen with a Special Category visa as a sponsor. Neither is correct.

Other frequent mistakes are these:

• Relying on the old CSNZCA. It is not evidence of status and should not be used to prove eligibility.
• Relying on current Centrelink entitlements. Current access to a payment is not the same as protected SCV holder status. The sponsor needs a Certificate of Australian Residence if relying on a Centrelink category.
• Leaving the basis unstated. A sponsorship that does not say why the sponsor is an eligible New Zealand citizen invites delay or refusal.
• Getting the dates wrong. A sponsor who remembers "arriving in 2001" may have arrived before or after 26 February 2001. Check the records.
• Applying for the wrong visa. An eligible New Zealand citizen's partner generally belongs on the partner visa pathway, not the Subclass 461, which the firm's Subclass 461 page notes is only available where the New Zealand citizen is not eligible.
• Assuming the sponsor must live in Australia. An eligible New Zealand citizen can sponsor from overseas.
• Ignoring the other checks. Eligibility does not exempt a New Zealand citizen partner visa sponsor from regulation 1.20J, police checks or the undertaking.
• Lodging with an ineligible sponsor. A partner visa cannot be granted where the sponsor is not an Australian citizen, permanent resident or eligible New Zealand citizen.

Our articles on partner visa application mistakes and correcting a mistake in a partner visa application explain what to do if an error has already been made. A second opinion on a partner visa can identify a sponsor problem before it becomes a refusal. If an application has been refused, the review deadline is short. See our partner visa appeal deadline guide and the firm's partner visa refusals service.

How My Migration Lawyers helps a New Zealand citizen partner visa sponsor

My Migration Lawyers advises New Zealand citizens and their partners on whether the New Zealand citizen partner visa sponsor test is met, and then prepares the sponsorship and the partner visa so the Department can see the sponsor's eligibility at a glance. The firm deals with complex partner visa matters, acts in many matters involving New Zealand citizen sponsors, and is capable of handling the historical questions that this test raises.

On a New Zealand citizen partner visa sponsor matter, the firm's work usually includes:

• Establishing the 2001 facts. We take the sponsor's own account of where they lived in 1999, 2000 and 2001, identify the category that may apply, and check it against the sponsor's movement records. Our article on a partner visa lawyer reviewing visa history explains why that review matters.
• Obtaining the right evidence. We help the sponsor request their movement records and, where a Centrelink category is relevant, guide them on obtaining their Certificate of Australian Residence.
• Advising on the capacity to sponsor. Where the sponsor is now an Australian citizen or permanent resident, we advise them to sponsor in that capacity. Where they are not eligible, we explain the other options honestly.
• Checking the other sponsor requirements. We review previous sponsorships, children included in the application, and any criminal history, so that regulation 1.20J, regulation 1.20KB and regulations 1.20KC and 1.20KD are addressed before lodgement.
• Presenting the evidence in the form the law requires. We present the sponsor's own history and the couple's own account and evidence clearly, with the eligibility basis stated and the dates consistent across every form.
• Managing the application. We respond to section 56 requests and section 57 letters, and act through to decision, including at review if needed.

The firm is led by Weiwei Zhang, Principal Lawyer. You can learn more about My Migration Lawyers and the firm's approach to complex partner visa matters. Our answers on what makes a partner visa complex and partner visa lawyers for complex cases explain how such matters are handled. Our guides on when you need an immigration lawyer for a partner visa and what happens at a partner visa lawyer consultation explain how the firm works. The Partner Visa Questions hub answers many related questions.

My Migration Lawyers acts for New Zealand citizen sponsors and their partners across Australia by video consultation. This includes clients of our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. The firm's office is at Level 1, 60 Martin Place, Sydney NSW 2000. You can also contact My Migration Lawyers in writing.

Every New Zealand citizen partner visa sponsor matter turns on its own history, and no lawyer can promise an outcome. What My Migration Lawyers can do is tell you clearly whether the sponsor is an eligible New Zealand citizen, identify the evidence that proves it, and present the sponsorship and the application in the form the law requires. That is the work a New Zealand citizen partner visa sponsor needs done before the Department looks at the file.

Book a consultation with My Migration Lawyers to have the New Zealand citizen sponsor's eligibility checked. You can also call us on 1300 040 300.