Visa's & "eligible NZ citizen"
Feb 17th 2018, 1:52 pm
#16
Joined: Feb 2012
Location: Not in Paris
Posts: 18,192
Re: Visa's & "eligible NZ citizen"
I think this is what is causing the confusion:
https://www.homeaffairs.gov.au/Visas...l-pathway.aspx
If the OP's husband is an ENZC, and still holds this status, then this would not apply to him. In order to be an ENZC the following would need to apply:
If the OP's husband left Australia in 2000 then this wouldn't apply to him as he wouldn't have been in Australia on 26 February 2001.
https://www.homeaffairs.gov.au/Visas...l-pathway.aspx
If the OP's husband is an ENZC, and still holds this status, then this would not apply to him. In order to be an ENZC the following would need to apply:
An Eligible New Zealand Citizen (ENZC) is a person who is defined as a ‘protected SCV’ holder under the Social Security Act 1991. Protected SCV holders are those who arrived in Australia on a New Zealand passport and were:
- in Australia on 26 February 2001
- in Australia for 12 months in the 2 years immediately before this date
- assessed as protected SCV holders before 26 February 2004.
An ENZC can sponsor family members for an Australian permanent visa.
- in Australia on 26 February 2001
- in Australia for 12 months in the 2 years immediately before this date
- assessed as protected SCV holders before 26 February 2004.
An ENZC can sponsor family members for an Australian permanent visa.
Feb 17th 2018, 6:56 pm
#17
Just Joined
Thread Starter
Joined: Feb 2018
Posts: 14
Re: Visa's & "eligible NZ citizen"
Thank you all for continuing to help with this. So according to the legislation the criteria for being a Protected SCV are either/or as in you don't need to have all 3 - you just need to fit one of the criteria. Husband wasn't in Australia on 26 Feb 2001 and wasn't certified as protected before 2004, but he was in australia for a 12 month period in the 2 years before 26/02/01. We have been told as he fits this one criteria he is definitely an eligible New Zealand citizen, which suggests from what you say that we should be able to apply for my Partner visa with both of us still here. I contacted a Alan again today so will see what he says and let you all know. There's obviously a lot of fine print to wade through on this
Feb 17th 2018, 7:16 pm
#18
Joined: Feb 2012
Location: Not in Paris
Posts: 18,192
Re: Visa's & "eligible NZ citizen"
Thank you all for continuing to help with this. So according to the legislation the criteria for being a Protected SCV are either/or as in you don't need to have all 3 - you just need to fit one of the criteria. Husband wasn't in Australia on 26 Feb 2001 and wasn't certified as protected before 2004, but he was in australia for a 12 month period in the 2 years before 26/02/01. We have been told as he fits this one criteria he is definitely an eligible New Zealand citizen, which suggests from what you say that we should be able to apply for my Partner visa with both of us still here. I contacted a Alan again today so will see what he says and let you all know. There's obviously a lot of fine print to wade through on this
In order to sponsor you for a subclass 309/100 Partner visa "an Australian permanent resident or eligible New Zealand citizen sponsors must usually live in Australia." Whether this has any practical effect on your husband's ability to sponsor you is debatable. I'm informed that Partner visas being processed through London are being assessed almost as soon as they are lodged. Providing you frontload your application with medicals and police checks then if your husband was to go on ahead of you then it's unlikely that you would apart for more than a month or so.
