Hi there. There are several visas that Applicant 2 could be eligible for, although each application process includes an initial stage during which Applicant 2 must be overseas while the visa application is processed. Applicant 2 may or may not be eligible for these visas. Their eligibility will depend on whether health, character, financial or family requirements are satisfied. For this reason, the information below is of a general nature only. To learn more about these visas, visit the Department of Immigration and Border Protection website (www.border.gov.au).

Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)

These two visas allow a spouse of an eligible New Zealand citizen to travel to and live in Australia. The marriage must be legally valid in Australia, and the married couple must be living together. There are two separate application processes. First, the applicant would need to apply for the Partner (Provisional) visa (subclass 309), which is a temporary visa only. The applicant must be outside Australia when they apply and also when the visa is granted. Second, the applicant would need to apply for the Partner (Migrant) visa (subclass 100), which is for permanent residency. The applicant can be in or outside Australia when the visa is granted. Usually the applicant would be eligible to apply for the permanent visa two years after being granted the temporary visa, but the waiting period varies and depends on the applicant’s circumstances.

Contributory Parent (Temporary) visa (subclass 173) and Contributory Parent visa (subclass 143)

The first of these two visas is a temporary visa that allows parents of Australian citizens or eligible New Zealand citizens settled in Australia to live in Australia for up to two years. The applicant must be outside Australia when the temporary (subclass 143) visa is being processed and granted. Once it is granted, the applicant can apply separately for a permanent Contributory Parent visa (subclass 143) that will allow them to live in Australia permanently if they have a child who is an Australian citizen or an eligible New Zealand citizen settled in Australia.

Parent visa (subclass 103)

This visa lets parents live in Australia if their child is an eligible New Zealand citizen who is settled in Australia. This is a permanent visa, and is cheaper than the Contributory Parent visa, but there can be long waiting times of up to 30 years.

Note: For all the above visas, you and your children are likely to be ‘eligible New Zealand citizens’. Eligible New Zealand citizens are those who hold a Special Category Visa (subclass 444), which is automatically granted to most New Zealand citizens upon arrival in Australia. To confirm whether you hold a subclass 444 visa, you can use the Visa Entitlement Verification Online service (www.border.gov.au).

Suggested way forward

Immigration law can be a difficult area to navigate. You should consider speaking to a professional immigration lawyer to better understand your spouse's eligibility for these visas, and to guide you through the application process. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.