Can a Lawyer Help a New Zealand Citizen Sponsor a Partner to Australia?

Why does a New Zealand citizen sponsor need legal advice?

A New Zealand citizen sponsor needs legal advice because holding New Zealand citizenship and living in Australia does not by itself make a person eligible to sponsor a partner visa. Only an eligible New Zealand citizen, as defined in the regulations, can sponsor, and the test depends on dates and facts from more than twenty years ago. Getting this wrong can lead to a refused sponsorship and a lost application charge. Our partner visa lawyers check the sponsor's history before anything is lodged.

How does a lawyer check whether a New Zealand citizen is eligible to sponsor?

A lawyer checks whether a New Zealand citizen is eligible to sponsor by reviewing the person's travel and residence history in Australia, the visas held around 26 February 2001 and any certificate issued under social security law. The lawyer also checks whether the person has since become an Australian permanent resident or citizen, because either status allows sponsorship in its own right. Our article on partner visa eligibility sets out the sponsor rules alongside the applicant's requirements.

What can a lawyer do if the New Zealand citizen is not eligible to sponsor?

A lawyer can still help where the New Zealand citizen is not eligible to sponsor, usually by advising on the Subclass 461 for the partner and on the sponsor's own path to permanent residence or citizenship. The Subclass 461 lets the partner live and work in Australia with the New Zealand citizen but is temporary. Our page on the Subclass 461 visa explains who qualifies. Once the New Zealand citizen becomes an Australian citizen or permanent resident, a partner visa becomes available.

What does the partner visa process look like once the sponsor is eligible?

Once the sponsor is eligible, the partner visa process is the same as for any other sponsor. The applicant lodges the Subclass 820/801 in Australia or the Subclass 309/100 outside Australia, and the sponsor then lodges the sponsorship online. The couple must prove a genuine and continuing relationship across the four aspects the Department assesses, as explained in our article on the partner visa four pillars. Sponsorship limits under regulation 1.20J also apply to New Zealand citizen sponsors.

What problems arise in New Zealand citizen sponsor cases?

The problems that arise in New Zealand citizen sponsor cases include missing records of early travel to Australia, sponsors who assume they are eligible because they have lived here for years, and partners who have lodged the wrong visa. Some applicants hold visas with a no further stay condition or have no substantive visa, which raises separate issues explained in our article on Schedule 3 for partner visas. Each needs to be resolved before lodgement.

How does My Migration Lawyers assist New Zealand citizen sponsors?

My Migration Lawyers assists New Zealand citizen sponsors by answering the eligibility question with evidence before recommending any visa, so the couple does not pay for an application that cannot succeed. Where the sponsor qualifies, the firm prepares the partner visa and sponsorship together. Where the sponsor does not, the firm sets out the Subclass 461 and the sponsor's longer path in writing, so the couple knows what to do and when. The firm is led by Principal Lawyer Weiwei Zhang and works by video and email.