1. My partner is a New Zealand citizen but resides in Australia – can I still apply for a partner visa?
Yes and no!
YES … if your partner is an eligible New Zealand citizen, and you and your partner can meet all partner visa eligibility requirements.
NO … if your NZ partner is not an eligible New Zealand citizen.
BUT … don’t forget the New Zealand Family Relationship (subclass 461) visa which is for the family members of New Zealand citizens, including spouses and defacto partners! It’s an awesome little visa that allows you to live in Australia for up to five years at a time and can be applied for in Australia or overseas. What is really interesting is that if you separate from your NZ partner after the 461 visa is granted you actually get to keep your 5 year visa! How cool is that?
2. How do I know if my partner is an “Eligible New Zealand citizen”?
Your partner must have:
a. been in Australia on 26 February 2001 on a SCV, and
b. have spent at least 12 months in Australia on a SCV in the 2 years immediately before 26 February 2001, or
c. have a Centrelink certificate from before 26 February 2004 that showing they were living in Australia.