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RV3.20 Special provisions (29/11/2010)

RV3.20.1 Australian citizens and residents

  1. Persons who hold a resident visa (or are deemed to hold a resident visa) because they are holders of current Australian permanent residence visas, current Australian resident return visas or Australian citizenship may be granted a variation of travel conditions for 24 months from the date their current resident visa was granted.
  2. Australian citizens or residents who:
    1. have held, or are deemed to have held, a resident visa for over 24 months; or
    2. have been previously granted a variation of travel conditions under this provision;

    may apply for variations of travel conditions under the provisions of RV3.5 or RV3.10 or for a permanent resident visa (RV2).

RV3.20.5 Partners of New Zealand citizens who do not qualify for a permanent resident visa

  1. Unless RV3.1 (d) applies, partners of New Zealand citizens who do not qualify for a permanent resident visa (see RV2), may be granted a further variation of travel conditions for a 24 month period, provided the New Zealand partner supports the application in writing and:
    1. the applicant’s resident visa was obtained on the basis of their partnership with the same New Zealand citizen and the partnership is ongoing; or
    2. an immigration officer is satisfied that the applicant has been living with the New Zealand citizen in a genuine and stable relationship for at least one year at the time of application.
  2. Dependent children of the partner of a New Zealand citizen, who were included in that partner's residence class visa application, may be granted with a variation of travel conditions for a period of 24 months, equivalent to that of the partner’s travel conditions.
  3. An immigration officer may ask for any additional evidence that the relationship is ongoing, genuine and stable, including that obtained by interview.

RV3.20.10 Resident visa holders seconded overseas as part of their New Zealand employment

  1. Unless RV3.1 (d) applies, resident visa holders seconded overseas as part of their New Zealand employment, who do not qualify for permanent resident visas, may be granted a variation of travel conditions for a further 24-month period provided that their New Zealand employer confirms in writing that they require the applicant to remain overseas and still consider the applicant to be a New Zealand resident.
  2. Written confirmation from a New Zealand employer must state the terms and duration of the secondment and confirm the applicant is still considered a New Zealand resident.
  3. Further travel conditions under this provision may be granted every two years, for up to a total of 8 years stay outside New Zealand.
  4. Partners and children may be granted further travel conditions for a period equivalent to that of the principal applicant provided the immigration officer is satisfied that the relationship between them and the principal applicant is genuine and ongoing.

Effective 29/11/2010

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