Immigration to New Zealand/Australia for gay couple
#1
Just Joined
Thread Starter
Joined: Oct 2001
Posts: 4
I wonder if somebody out there might be able to give us some preliminary advice. My partner (who is a Kiwi) and I are thinking of leaving London and going to live in New Zealand or Australia. We have read the information on the NZ Immigration Service Web site.
The evidential requirements for the facto partners section states that we must provide evidence that we have been living together and show a joint mortgage or joint tenancy agreement or rent book.
Whilst we can indeed provide utility bills, joint credit cards and bank accounts, the mortgage is under my name and my partner pays me rent. I had a mortgage before I met my partner. Is this going to be a problem?
What can we do about it?
The evidential requirements for the facto partners section states that we must provide evidence that we have been living together and show a joint mortgage or joint tenancy agreement or rent book.
Whilst we can indeed provide utility bills, joint credit cards and bank accounts, the mortgage is under my name and my partner pays me rent. I had a mortgage before I met my partner. Is this going to be a problem?
What can we do about it?
#2
Guest
Posts: n/a
Hi Gabs,
I can't advise you on the NZ rules, but for Australia you would apply for an
'Interdependent Partners' visa. DIMA take into account the following factors:
Financial aspects such as - joint ownership of real estate joint ownership of major
assets joint debts sharing of financial resources any legal obligation owed by one
partner to the other sharing of household expenses The Nature of the household:
responsibility and care of any children living arrangements any sharing of
responsibility for housework The Nature of the commitment to each other: length of
the relationship how long you have lived together levels of support for each other
whether you see the relationship as long term
Not ALL of these factors have to be present to meet the requirements. So even if you
kept all your financial arrangements seperate this doesn't necessarily mean that you
aren't in a genuine and continuing relationship. You should also be aware of the 12
month rule. This states that unless you can provide compelling circumstances, you
should have been living together for the 12 months before the date of applying.
If you have any more questions then feel free to email us.
On Wed, 17 Oct 2001 12:26:37 GMT, gabs <[email protected]> wrote:
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Migration Network PO Box 58 Joondalup WA 6919 Australia
Tel: +61 8 9305 3497 Fax: +61 8 9305 3040 Email: [email protected] Web:
www.mnetwork.com.au MRA #0103628
I can't advise you on the NZ rules, but for Australia you would apply for an
'Interdependent Partners' visa. DIMA take into account the following factors:
Financial aspects such as - joint ownership of real estate joint ownership of major
assets joint debts sharing of financial resources any legal obligation owed by one
partner to the other sharing of household expenses The Nature of the household:
responsibility and care of any children living arrangements any sharing of
responsibility for housework The Nature of the commitment to each other: length of
the relationship how long you have lived together levels of support for each other
whether you see the relationship as long term
Not ALL of these factors have to be present to meet the requirements. So even if you
kept all your financial arrangements seperate this doesn't necessarily mean that you
aren't in a genuine and continuing relationship. You should also be aware of the 12
month rule. This states that unless you can provide compelling circumstances, you
should have been living together for the 12 months before the date of applying.
If you have any more questions then feel free to email us.
On Wed, 17 Oct 2001 12:26:37 GMT, gabs <[email protected]> wrote:
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Migration Network PO Box 58 Joondalup WA 6919 Australia
Tel: +61 8 9305 3497 Fax: +61 8 9305 3040 Email: [email protected] Web:
www.mnetwork.com.au MRA #0103628
#3
Guest
Posts: n/a
If the NZ citizen partner has been resident in the UK then it's unlikely that he/she
will be treated as a permanent resident in Australia on moving there and getting a
Special Category Visa. Which means that Interdependent sponsorship to Australia is
not possible.
Nor does the temporary subclass 461 (for family members of NZ citizens) apply to same
sex partners. Although the 461 is a poor deal anyhow and it doesn't lead to PR or
citizenship rights in Australia, no matter how long you stay there.
Jeremy
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[usenetquote2]>>I wonder if somebody out there might be able to give us some preliminary advice. My[/usenetquote2]
[usenetquote2]>>partner (who is a Kiwi) and I are thinking of leaving London and going to live in[/usenetquote2]
[usenetquote2]>>New Zealand or Australia. We have read the information on the NZ Immigration[/usenetquote2]
[usenetquote2]>>Service Web site.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>The evidential requirements for the facto partners section states that we must[/usenetquote2]
[usenetquote2]>>provide evidence that we have been living together and show a joint mortgage or[/usenetquote2]
[usenetquote2]>>joint tenancy agreement or rent book.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>Whilst we can indeed provide utility bills, joint credit cards and bank accounts,[/usenetquote2]
[usenetquote2]>>the mortgage is under my name and my partner pays me rent. I had a mortgage before[/usenetquote2]
[usenetquote2]>>I met my partner. Is this going to be a problem? What can we do about it?[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>--[/usenetquote2]
[usenetquote2]>>Gabs[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
will be treated as a permanent resident in Australia on moving there and getting a
Special Category Visa. Which means that Interdependent sponsorship to Australia is
not possible.
Nor does the temporary subclass 461 (for family members of NZ citizens) apply to same
sex partners. Although the 461 is a poor deal anyhow and it doesn't lead to PR or
citizenship rights in Australia, no matter how long you stay there.
Jeremy
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[usenetquote2]>>I wonder if somebody out there might be able to give us some preliminary advice. My[/usenetquote2]
[usenetquote2]>>partner (who is a Kiwi) and I are thinking of leaving London and going to live in[/usenetquote2]
[usenetquote2]>>New Zealand or Australia. We have read the information on the NZ Immigration[/usenetquote2]
[usenetquote2]>>Service Web site.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>The evidential requirements for the facto partners section states that we must[/usenetquote2]
[usenetquote2]>>provide evidence that we have been living together and show a joint mortgage or[/usenetquote2]
[usenetquote2]>>joint tenancy agreement or rent book.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>Whilst we can indeed provide utility bills, joint credit cards and bank accounts,[/usenetquote2]
[usenetquote2]>>the mortgage is under my name and my partner pays me rent. I had a mortgage before[/usenetquote2]
[usenetquote2]>>I met my partner. Is this going to be a problem? What can we do about it?[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>--[/usenetquote2]
[usenetquote2]>>Gabs[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
#4
Guest
Posts: n/a
Hello, I am in a similar situation as you, as I am a US citizen applying as a de
facto partner of a New Zealander. I don't own the house either - my partner does.
However, my experience is that evidence of the fact that you live together does not
necessarily mean that you have to own a house together. We had a lot of other
information in the form of joint bank statements mailed to us, other bills, etc. They
take all of the information you give them as evidence of a relationship, and one
thing does not necessarily make or break the situation. Good luck! Lea
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facto partner of a New Zealander. I don't own the house either - my partner does.
However, my experience is that evidence of the fact that you live together does not
necessarily mean that you have to own a house together. We had a lot of other
information in the form of joint bank statements mailed to us, other bills, etc. They
take all of the information you give them as evidence of a relationship, and one
thing does not necessarily make or break the situation. Good luck! Lea
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#5
Just Joined
Thread Starter
Joined: Oct 2001
Posts: 4
Thanks for the information. I'm sure you are right but there is no harm in checking everything out.