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Who is and who isn’t an ‘eligible New Zealand citizen’ for migration purposes?

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  • Who is and who isn’t an ‘eligible New Zealand citizen’ for migration purposes?

New Zealand Citizens are often confused on whether they are able to sponsor their spouse under the Subclass 820/801 or should they be focused on the Subclass 461. We also often see that New Zealand Citizens can be confused on whether they are eligible to provide a form 888 declaration in support of their family and friends as supporting witnesses for the Subclass 820/801 or 309/100 visas.

An Eligible New Zealand Citizen is someone who meets any one or more of the set criteria:

  • Present in Australia on 26 February 2001, held a TY444 visa on that date and are still a New Zealand citizen

OR

  • Not present in Australia on 26 February 2001 but was present in Australia for 365 days (or more) between 26 February 1999 and 25 February 2001 (inclusive)

OR

  • Commenced (or recommenced) residing in Australia between 26 February 2001 and 25 May 2001 (inclusive) AND either claimed a payment under the social security law between 26 February 2001 and 25 February 2004 OR the person was, at any time, determined under subsection 7(2E) of the Social Security Act, to be residing in Australia.

 

Demonstrating that you are in a relationship could be difficult as every case has its own merit and circumstances. Booking in for a consultation will allow you to completely understand how the department processes your evidence and where you may be issues along the way.

 

Contact

Phone: +61 8 9329 6890

Address: Level 3, 12 St Georges Terrace, Perth WA 6000

Email: [email protected]

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