Detail Question Of The Week

Australian visa v. New Zealand visa - Married with a New Zealand citizen - New Zealand Citizen Family Relationship (Temporary) visa (subclass 461)

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Question asked

Dear Sir/Madam,

I am writing to you to advice me on my husband's and mine visa options for living in New Zealand. My husband is New Zealand citizen and I have Slovakian citizenship.

We got married in April 2016 in New Zealand but we never lived together prior the wedding. We met in London UK and when my then boyfriend's visa expired he moved to Australia. I returned to uk after the wedding and then arrived to Australia 4 months after the wedding in September 2016 and that's when we started living together. I am in Australia on a E-holiday visa which is expiring 10th of June 2017.

Our plan was that we would gain some evidence of living together while in Australia and then I could apply for temporary work visa based on partnership to go to NZ.

However, I have just found out that I am 6 weeks pregnant and I won't be able to undergo the medical check necessary for visa application. BUPA medical advised me that this check can be only done once I pass 14weeks of pregnancy which moves our possible date of submitting the application to mid May.

I am wondering what would that mean for my current visa in Australia which expires 10th of June. I believe that with my visa application for NZ I will need to submit my passport which then won't allow me leave Australia. Is there a bridge visa that I could apply for while waiting for our application to be processed?

I would be grateful for any advice of how to proceed in this situation and possibly arrange a consultation.

Kind Regards

Answer provided by our agents

Dear K.

Thanks for your inquiry. You may wish to consider lodging a New Zealand Citizen Family Relationship (Temporary) visa (subclass 461) now.

This visa allows family members of NZ Citizens to live in Australia for 5 years from the date visa is granted. You can travel in and out of Australia and can work and study in Australia. As your husband is a NZ citizen, he would be on a Special Category visa (Subclass 444). You as his wife, are eligible for a Subclass 461 visa.

You will need to provide to the Department of Immigration a certified copy of your passport. They would rarely request you to show them your original passport, although you are advised to have your passport. If you lodge a 461 visa application in Australia, the processing time will be around 3 months, longer than the normal 2 months processing as Slovakia is not an ETA eligible country.

If in any case the visa is lodged but not granted until after your current visa expires on 10 June 2017, you will automatically move on to your bridging visa A. Please note that you must lodge your visa application prior to your current visa expiring, so that your stay in Australia is lawful. As long as you lodge your visa application on or before 10 June 2017, you will be granted a Bridging Visa A, on which you will stay in Australia until your NZ Citizen Family Relationship Visa is granted. Bridging Visa A does not allow you to travel overseas. If you need to fly out of Australia while being on a Bridging Visa A, you need to apply and be granted a Bridging Visa B.

Due to the current processing time of the Subclass 462 visa, my opinion would be to lodge the visa application as soon as possible, so that the duration of your stay on a Bridging Visa A is minimized.

Hope this advice is of assistance to you.

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Migration Agent