Two visas and one application, with two years between them - and a sponsor most New Zealanders cannot be
Answer
The general rule applies to you
No exception is recorded for citizens of New Zealand on this topic. That is the answer, not a gap - everything below is the rule you get, unchanged.
195 exceptions recorded across 74 countries · none match New Zealand to Australia · Residency through marriage
The partner route is a single application that produces two visas. Subclass 820 is granted first and runs open-endedly: clause 820.511 keeps it in effect until the holder is told that the application for the permanent Subclass 801 has been decided, or until that application is withdrawn. The permanent visa then requires, among other routes, that the applicant still holds the Subclass 820, is still sponsored by the same person, is still the spouse or de facto partner, and that at least two years have passed since the application was made. Who may sponsor is the part worth reading twice. The sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and an eligible New Zealand citizen is defined in regulation 1.03 as a New Zealand citizen who is a protected SCV holder within the meaning of section 7 of the Social Security Act 1991 - which is to say, someone who was in Australia on 26 February 2001. A New Zealander who arrived after that date is not an eligible New Zealand citizen and cannot sponsor a partner.
At a glance
- Wait between the temporary and permanent partner visas
- At least 2 years since the application was made
Clause 801.221(2)(d) of Schedule 2 to the Migration Regulations 1994, subject to clauses 801.221(6A) and (7). One application covers both visas.
- Length of the temporary partner visa
- Until the holder is notified that the application for the permanent visa has been decided, or that application is withdrawn
Clause 820.511 of Schedule 2 to the Migration Regulations 1994. It has no expiry date of its own.
- Conditions on the temporary partner visa
- None: clause 820.6 of Schedule 2 to the Migration Regulations 1994 reads Conditions: Nil
There is no work restriction on the Subclass 820.
- New Zealand citizens who may sponsor a partner
- Only an eligible New Zealand citizen, meaning a protected SCV holder under section 7 of the Social Security Act 1991
Regulation 1.03 of the Migration Regulations 1994. A New Zealander who first arrived after 26 February 2001 is not within that definition.
Requirements
- A spouse or de facto partner who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen
- Sponsorship by that partner, or by their parent or guardian where the partner is under 18
- Not holding a Subclass 771 (Transit) visa at the time of application
- Where the applicant holds no substantive visa, satisfaction of the Schedule 3 criteria unless the Minister is satisfied there are compelling reasons
- For the permanent visa, continued relationship and sponsorship and at least two years since the application was made
In detail
The sponsor test is where the 2001 line bites hardest
Three categories of person may sponsor a partner: an Australian citizen, an Australian permanent resident, and an eligible New Zealand citizen. The third sounds like a courtesy to New Zealanders and is in fact a restriction on them. Regulation 1.03 defines an eligible New Zealand citizen by reference to section 7 of the Social Security Act 1991, where a protected SCV holder is someone who was in Australia on 26 February 2001 holding a Special Category visa, or who had twelve months' presence in the two years before that day and came back. A New Zealander who moved to Australia in 2015, works there, pays tax there and is covered by Medicare there is not an eligible New Zealand citizen, and on the face of clause 820.211(2) cannot sponsor their spouse. The same phrase appears in the Remaining Relative and Carer subclasses and in the attestation note for the National Innovation visa, so the February 2001 line runs through the family rules as a whole.
What applies to you
Nothing changes for a citizen of New Zealand
We have no rule recorded that treats your citizenship differently here, so the general rule above is the one that applies to you. That is an answer, not a gap.
What the law says
«(2)An applicant meets the requirements of this subclause if: (a)the applicant is the spouse ordefactopartner of a person who: (i)is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and (ii)is not prohibited by subclause(2B) from being a sponsoring partner;»About this source
The Commonwealth of Australia's statute book, run by the Office of Parliamentary Counsel under the Legislation Act 2003. It carries every Act, legislative instrument and notifiable instrument of the Commonwealth, each as made and as compiled, and it is the only publisher in this corpus whose own enabling Act gives its text a standing in court: section 15ZB of the Legislation Act 2003 says proof is not required in a court or tribunal of the text of a registered law, and section 15ZA presumes an authorised version of a registered compilation correctly shows the law as in force on the compilation date. Addressing is by register identifier rather than by name - C1958A00062 is the Migration Act 1958, F1996B03551 the Migration Regulations 1994 - and /latest/text serves the current compilation. Every compilation page prints its compilation number, its compilation date and the last amending Act or instrument taken into account.
Standing: Maintains the text in force
Cannot be cited for: Three things, each of which has already bitten. First, an unknown identifier does not 404: the site serves its own home page, so a wrong guess looks like a short page of search boxes rather than an error, and an absence inferred from one would be invented. Second, a long instrument is served in volumes and /latest/text gives volume 1 only - the Migration Regulations 1994 run to four volumes and Schedule 2, where every visa subclass actually lives, is in volumes 2 and 3 at a separate address. Third, and most important, nothing in the HTML served at /latest/text claims to be an authorised version. Section 15ZA makes an electronic copy one only if it is downloaded from an approved website in a format prescribed by the rules and either the site or the copy says so in the way the rules prescribe; the Act's own example of such a format is a locked pdf file. The words authorised version do not occur anywhere in any of the readings stored from this publisher except in the Legislation Act 2003 itself, so what we quote is the register's text without the status the register is able to give it. The presumption in section 15ZA(5)(h) is also expressly subject to section 15Q(4), under which a compilation need not take account of a retrospective commencement, so a compilation can be accurate on its face and behind the law. It is not a source for the Immigration Rules equivalent - departmental policy and procedural advice are published by Home Affairs, not here - nor for any state or territory law, which has its own register, nor for the text of a treaty, which is published in the Australian Treaty Series.
We re-read it every 90 days. More about this source
«820.511 Temporary visa permitting the holder to travel to and enter Australia until: (a)the holder is notified that his or her application for a Subclass 801 (Partner) visa has been decided; or (b)that application is withdrawn. 820.6—Conditions:Nil.»About this source
The Commonwealth of Australia's statute book, run by the Office of Parliamentary Counsel under the Legislation Act 2003. It carries every Act, legislative instrument and notifiable instrument of the Commonwealth, each as made and as compiled, and it is the only publisher in this corpus whose own enabling Act gives its text a standing in court: section 15ZB of the Legislation Act 2003 says proof is not required in a court or tribunal of the text of a registered law, and section 15ZA presumes an authorised version of a registered compilation correctly shows the law as in force on the compilation date. Addressing is by register identifier rather than by name - C1958A00062 is the Migration Act 1958, F1996B03551 the Migration Regulations 1994 - and /latest/text serves the current compilation. Every compilation page prints its compilation number, its compilation date and the last amending Act or instrument taken into account.
Standing: Maintains the text in force
Cannot be cited for: Three things, each of which has already bitten. First, an unknown identifier does not 404: the site serves its own home page, so a wrong guess looks like a short page of search boxes rather than an error, and an absence inferred from one would be invented. Second, a long instrument is served in volumes and /latest/text gives volume 1 only - the Migration Regulations 1994 run to four volumes and Schedule 2, where every visa subclass actually lives, is in volumes 2 and 3 at a separate address. Third, and most important, nothing in the HTML served at /latest/text claims to be an authorised version. Section 15ZA makes an electronic copy one only if it is downloaded from an approved website in a format prescribed by the rules and either the site or the copy says so in the way the rules prescribe; the Act's own example of such a format is a locked pdf file. The words authorised version do not occur anywhere in any of the readings stored from this publisher except in the Legislation Act 2003 itself, so what we quote is the register's text without the status the register is able to give it. The presumption in section 15ZA(5)(h) is also expressly subject to section 15Q(4), under which a compilation need not take account of a retrospective commencement, so a compilation can be accurate on its face and behind the law. It is not a source for the Immigration Rules equivalent - departmental policy and procedural advice are published by Home Affairs, not here - nor for any state or territory law, which has its own register, nor for the text of a treaty, which is published in the Australian Treaty Series.
We re-read it every 90 days. More about this source
«(2)An applicant meets the requirements of this subclause if: (a)the applicant is the holder of a Subclass 820 visa; and (b)the applicant continues to be sponsored for the grant of the Subclass 820 (Partner) visa by: (i)the sponsoring partner; or (ii)the Australian citizen, Australian permanent resident or eligible New Zealand citizen who sponsored the applicant for that visa; and (c)the applicant is the spouse ordefactopartner of the sponsoring partner; and (d)subject to subclauses(6A) and (7), at least 2 years have passed since the application was made.»About this source
The Commonwealth of Australia's statute book, run by the Office of Parliamentary Counsel under the Legislation Act 2003. It carries every Act, legislative instrument and notifiable instrument of the Commonwealth, each as made and as compiled, and it is the only publisher in this corpus whose own enabling Act gives its text a standing in court: section 15ZB of the Legislation Act 2003 says proof is not required in a court or tribunal of the text of a registered law, and section 15ZA presumes an authorised version of a registered compilation correctly shows the law as in force on the compilation date. Addressing is by register identifier rather than by name - C1958A00062 is the Migration Act 1958, F1996B03551 the Migration Regulations 1994 - and /latest/text serves the current compilation. Every compilation page prints its compilation number, its compilation date and the last amending Act or instrument taken into account.
Standing: Maintains the text in force
Cannot be cited for: Three things, each of which has already bitten. First, an unknown identifier does not 404: the site serves its own home page, so a wrong guess looks like a short page of search boxes rather than an error, and an absence inferred from one would be invented. Second, a long instrument is served in volumes and /latest/text gives volume 1 only - the Migration Regulations 1994 run to four volumes and Schedule 2, where every visa subclass actually lives, is in volumes 2 and 3 at a separate address. Third, and most important, nothing in the HTML served at /latest/text claims to be an authorised version. Section 15ZA makes an electronic copy one only if it is downloaded from an approved website in a format prescribed by the rules and either the site or the copy says so in the way the rules prescribe; the Act's own example of such a format is a locked pdf file. The words authorised version do not occur anywhere in any of the readings stored from this publisher except in the Legislation Act 2003 itself, so what we quote is the register's text without the status the register is able to give it. The presumption in section 15ZA(5)(h) is also expressly subject to section 15Q(4), under which a compilation need not take account of a retrospective commencement, so a compilation can be accurate on its face and behind the law. It is not a source for the Immigration Rules equivalent - departmental policy and procedural advice are published by Home Affairs, not here - nor for any state or territory law, which has its own register, nor for the text of a treaty, which is published in the Australian Treaty Series.
We re-read it every 90 days. More about this source
«eligible New Zealand citizen means a New Zealand citizen who is a protected SCV holder within the meaning of section7 of the Social Security Act 1991.»About this source
The Commonwealth of Australia's statute book, run by the Office of Parliamentary Counsel under the Legislation Act 2003. It carries every Act, legislative instrument and notifiable instrument of the Commonwealth, each as made and as compiled, and it is the only publisher in this corpus whose own enabling Act gives its text a standing in court: section 15ZB of the Legislation Act 2003 says proof is not required in a court or tribunal of the text of a registered law, and section 15ZA presumes an authorised version of a registered compilation correctly shows the law as in force on the compilation date. Addressing is by register identifier rather than by name - C1958A00062 is the Migration Act 1958, F1996B03551 the Migration Regulations 1994 - and /latest/text serves the current compilation. Every compilation page prints its compilation number, its compilation date and the last amending Act or instrument taken into account.
Standing: Maintains the text in force
Cannot be cited for: Three things, each of which has already bitten. First, an unknown identifier does not 404: the site serves its own home page, so a wrong guess looks like a short page of search boxes rather than an error, and an absence inferred from one would be invented. Second, a long instrument is served in volumes and /latest/text gives volume 1 only - the Migration Regulations 1994 run to four volumes and Schedule 2, where every visa subclass actually lives, is in volumes 2 and 3 at a separate address. Third, and most important, nothing in the HTML served at /latest/text claims to be an authorised version. Section 15ZA makes an electronic copy one only if it is downloaded from an approved website in a format prescribed by the rules and either the site or the copy says so in the way the rules prescribe; the Act's own example of such a format is a locked pdf file. The words authorised version do not occur anywhere in any of the readings stored from this publisher except in the Legislation Act 2003 itself, so what we quote is the register's text without the status the register is able to give it. The presumption in section 15ZA(5)(h) is also expressly subject to section 15Q(4), under which a compilation need not take account of a retrospective commencement, so a compilation can be accurate on its face and behind the law. It is not a source for the Immigration Rules equivalent - departmental policy and procedural advice are published by Home Affairs, not here - nor for any state or territory law, which has its own register, nor for the text of a treaty, which is published in the Australian Treaty Series.
We re-read it every 90 days. More about this source
Practical notes
Clause 820.211(1) lists several alternative subclauses - (2), (5), (6), (7), (8) and (9) - and only subclause (2), the ordinary partner case, was read. The others cover prospective marriage visa holders and other situations.
The Prospective Marriage visa, Subclass 300, is a separate class with its own Schedule 1 item, and its application charges are among the highest in the Schedule: a base application charge of $11,710 for an applicant who does not hold a Pacific-regional country passport.
The family violence provisions in Division 1.5 of the Regulations, which allow a permanent partner visa where the relationship has ended, were not read.
- consolidatesMigration Regulations 1994, compilation 288, volume 3 (Schedule 2, Subclasses 802 to 995)
Office of Parliamentary Counsel, Federal Register of Legislation · consolidated to 2026-07-01
About this source
The Commonwealth of Australia's statute book, run by the Office of Parliamentary Counsel under the Legislation Act 2003. It carries every Act, legislative instrument and notifiable instrument of the Commonwealth, each as made and as compiled, and it is the only publisher in this corpus whose own enabling Act gives its text a standing in court: section 15ZB of the Legislation Act 2003 says proof is not required in a court or tribunal of the text of a registered law, and section 15ZA presumes an authorised version of a registered compilation correctly shows the law as in force on the compilation date. Addressing is by register identifier rather than by name - C1958A00062 is the Migration Act 1958, F1996B03551 the Migration Regulations 1994 - and /latest/text serves the current compilation. Every compilation page prints its compilation number, its compilation date and the last amending Act or instrument taken into account.
Standing: Maintains the text in force
Cannot be cited for: Three things, each of which has already bitten. First, an unknown identifier does not 404: the site serves its own home page, so a wrong guess looks like a short page of search boxes rather than an error, and an absence inferred from one would be invented. Second, a long instrument is served in volumes and /latest/text gives volume 1 only - the Migration Regulations 1994 run to four volumes and Schedule 2, where every visa subclass actually lives, is in volumes 2 and 3 at a separate address. Third, and most important, nothing in the HTML served at /latest/text claims to be an authorised version. Section 15ZA makes an electronic copy one only if it is downloaded from an approved website in a format prescribed by the rules and either the site or the copy says so in the way the rules prescribe; the Act's own example of such a format is a locked pdf file. The words authorised version do not occur anywhere in any of the readings stored from this publisher except in the Legislation Act 2003 itself, so what we quote is the register's text without the status the register is able to give it. The presumption in section 15ZA(5)(h) is also expressly subject to section 15Q(4), under which a compilation need not take account of a retrospective commencement, so a compilation can be accurate on its face and behind the law. It is not a source for the Immigration Rules equivalent - departmental policy and procedural advice are published by Home Affairs, not here - nor for any state or territory law, which has its own register, nor for the text of a treaty, which is published in the Australian Treaty Series.
We re-read it every 90 days. More about this source
- consolidatesMigration Regulations 1994, compilation 288, volume 2 (Schedule 2, Subclasses 010 to 801)
Office of Parliamentary Counsel, Federal Register of Legislation · consolidated to 2026-07-01
About this source
The Commonwealth of Australia's statute book, run by the Office of Parliamentary Counsel under the Legislation Act 2003. It carries every Act, legislative instrument and notifiable instrument of the Commonwealth, each as made and as compiled, and it is the only publisher in this corpus whose own enabling Act gives its text a standing in court: section 15ZB of the Legislation Act 2003 says proof is not required in a court or tribunal of the text of a registered law, and section 15ZA presumes an authorised version of a registered compilation correctly shows the law as in force on the compilation date. Addressing is by register identifier rather than by name - C1958A00062 is the Migration Act 1958, F1996B03551 the Migration Regulations 1994 - and /latest/text serves the current compilation. Every compilation page prints its compilation number, its compilation date and the last amending Act or instrument taken into account.
Standing: Maintains the text in force
Cannot be cited for: Three things, each of which has already bitten. First, an unknown identifier does not 404: the site serves its own home page, so a wrong guess looks like a short page of search boxes rather than an error, and an absence inferred from one would be invented. Second, a long instrument is served in volumes and /latest/text gives volume 1 only - the Migration Regulations 1994 run to four volumes and Schedule 2, where every visa subclass actually lives, is in volumes 2 and 3 at a separate address. Third, and most important, nothing in the HTML served at /latest/text claims to be an authorised version. Section 15ZA makes an electronic copy one only if it is downloaded from an approved website in a format prescribed by the rules and either the site or the copy says so in the way the rules prescribe; the Act's own example of such a format is a locked pdf file. The words authorised version do not occur anywhere in any of the readings stored from this publisher except in the Legislation Act 2003 itself, so what we quote is the register's text without the status the register is able to give it. The presumption in section 15ZA(5)(h) is also expressly subject to section 15Q(4), under which a compilation need not take account of a retrospective commencement, so a compilation can be accurate on its face and behind the law. It is not a source for the Immigration Rules equivalent - departmental policy and procedural advice are published by Home Affairs, not here - nor for any state or territory law, which has its own register, nor for the text of a treaty, which is published in the Australian Treaty Series.
We re-read it every 90 days. More about this source
- consolidatesMigration Regulations 1994, compilation 288, volume 1 (Parts 1 to 5 and Schedule 1)
Office of Parliamentary Counsel, Federal Register of Legislation · consolidated to 2026-07-01
About this source
The Commonwealth of Australia's statute book, run by the Office of Parliamentary Counsel under the Legislation Act 2003. It carries every Act, legislative instrument and notifiable instrument of the Commonwealth, each as made and as compiled, and it is the only publisher in this corpus whose own enabling Act gives its text a standing in court: section 15ZB of the Legislation Act 2003 says proof is not required in a court or tribunal of the text of a registered law, and section 15ZA presumes an authorised version of a registered compilation correctly shows the law as in force on the compilation date. Addressing is by register identifier rather than by name - C1958A00062 is the Migration Act 1958, F1996B03551 the Migration Regulations 1994 - and /latest/text serves the current compilation. Every compilation page prints its compilation number, its compilation date and the last amending Act or instrument taken into account.
Standing: Maintains the text in force
Cannot be cited for: Three things, each of which has already bitten. First, an unknown identifier does not 404: the site serves its own home page, so a wrong guess looks like a short page of search boxes rather than an error, and an absence inferred from one would be invented. Second, a long instrument is served in volumes and /latest/text gives volume 1 only - the Migration Regulations 1994 run to four volumes and Schedule 2, where every visa subclass actually lives, is in volumes 2 and 3 at a separate address. Third, and most important, nothing in the HTML served at /latest/text claims to be an authorised version. Section 15ZA makes an electronic copy one only if it is downloaded from an approved website in a format prescribed by the rules and either the site or the copy says so in the way the rules prescribe; the Act's own example of such a format is a locked pdf file. The words authorised version do not occur anywhere in any of the readings stored from this publisher except in the Legislation Act 2003 itself, so what we quote is the register's text without the status the register is able to give it. The presumption in section 15ZA(5)(h) is also expressly subject to section 15Q(4), under which a compilation need not take account of a retrospective commencement, so a compilation can be accurate on its face and behind the law. It is not a source for the Immigration Rules equivalent - departmental policy and procedural advice are published by Home Affairs, not here - nor for any state or territory law, which has its own register, nor for the text of a treaty, which is published in the Australian Treaty Series.
We re-read it every 90 days. More about this source