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AliG

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Everything posted by AliG

  1. Hi All, I posted a question in the partner visa forum but it might be relevant to others: My wife is Australian (by birth) with Kiwi parents who have been living in Australia since the 70s - question is what to put for the Kiwi parents Aus immigration status.. Because they entered prior to Feb 2001 they never had to obtain permanent residency - I understand they automatically get a protected Special category visa (SCV) which gives them all of the benefits of permanent residency (eg healthcare, unemployment benefit etc) without having to go through the official process. When filling out the sponsor section of my application (for 309/100) we have to put in the visa status of family members but none seem an obvious fit for the circumstances. Options below - Temporary Resident seems to be closest fit based on info I can find: - Australian Citizen - clearly does not apply to them - Permanent Resident - strictly speaking no but they have quasi PR by virtue of their protected SCV - Temporary Resident - they've been in Aus for 40+ years but are they considered temporary whilst living on kiwi passports without formal PR? - Student (no) - Other - maybe but this seems to be the status for people without any Aussie status
  2. AliG

    Aus immigration status for Kiwi Parents

    I think I found the answer for these particular circumstances (but please note Im not an Immigration Advisor!): Apparently there are yet more rules that apply for NZ folks that arrived prior to 1994. Apparently my wife's parents visa status is 'Exempt non-citizen and considered a Permanent resident'. Explainer here: https://www.hannantew.com.au/australian-citizenship-and-permanent-residence-for-new-zealanders-a-quick-as-possible-guide/ Beware though as there can be quirks and exceptions e.g. if the person has lived abroad for any length of time since first arrival.
  3. Hi All, I am applying for 309. My Aussie (by birth) wife has Kiwi Parents who have been living in Australia since the 70s. Because they entered prior to Feb 2001 they never had to obtain permanent residency. I understand they have something called protected Special category visa (SCV) which gives them all of the benefits of permanent residency without having to go through the official process (eg healthcare, unemployment benefit etc). I believe they have the ability to apply for PR but they are not obliged to (and they haven't). Me and my wife are filling out the application for 309 and have to declare the visa status of her family members and none seem an obvious fit for the circumstances. Options are: - Australian Citizen (clearly does not apply to them) - Permanent Resident (strictly speaking no but they have quasi PR by virtue of their protected SCV) - Temporary Resident (they've been in Aus for 40+ years but are they considered temporary whilst living on kiwi passports without formal PR? - Student (no) - Other (maybe but this seems to be the status for people without any Aussie status)
  4. Update: Have now found yet more rules apply for NZ folks that arrived prior to 1994. Apparently my wife's parents visa status is 'Exempt non-citizen and considered a Permanent resident'. Explainer here: https://www.hannantew.com.au/australian-citizenship-and-permanent-residence-for-new-zealanders-a-quick-as-possible-guide/ Beware though as there can be quirks and exceptions e.g. if the person has lived abroad for any length of time since first arrival.
  5. Possibly answering my own question - this is the best info I can find: Aus Gov link below states that a SCV for a Kiwi is considered temporary. No specific mention of protected SCV status being any different, which I suspect means it’s also considered ‘temporary’. https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1617/Quick_Guides/NZAust “The SCV is classed as a temporary visa, and temporary visa holders do not have the same rights and benefits as Australian citizens or permanent residents. To access such rights, temporary migrants, including those from New Zealand, must obtain permanent visas. In contrast, on entering New Zealand, all Australian citizens and permanent residents are automatically granted residence visas, and may apply for permanent residence after having held a residence visa continuously for two years. Prior to 2001, New Zealand citizens in Australia on SCVs could access social security and obtain Australian citizenship without first becoming permanent residents. In February 2001, Australia entered into a new bilateral social security arrangement with New Zealand and amended citizenship laws for New Zealand citizens. Under these changes, all New Zealand citizens who arrived in Australia after 26 February 2001 and who want to access certain social security payments, obtain citizenship or sponsor family members for permanent residence may only do so after applying for, and being granted, permanent residence through the migration program. Transitional arrangements were put in place for New Zealanders in Australia at the time of the amendments. This means that New Zealanders who were already in Australia as SCV holders on 26 February 2001 may continue to apply for citizenship, sponsor family members for permanent residence and access social security payments without being granted permanent visas.”
  6. Hi All, Wondering if anyone has come across either of these dilemmas before: 1. JOINT OR SEPARATE APPLICATIONS FOR DAD / KIDS My wife is Australian and I am a UK citizen. We have lived together in UK since we met in 2008, we married in 2013, and have since had 2 kids (born in UK with UK passports only). - I'd hope a spouse visa shouldn't be a problem for me (been married a while, I'm healthy, no police record, professionally educated etc). Processing time showing as 18 months (75%) - I'd hope the kids shouldn't have a problem getting citizenship by birth (given their mum is Australian). Processing time is currently shown as 5 months (75%) - Does a joint app become more complicated or take longer? options I can see are: (a) Kids and I all apply together under a single 309/100 visa application with both me and the kids named as applicants. (b) I could do my own 300/100 spouse visa app, with my wife doing separate citizenship apps for the kids at the same time - presume we'd need to declare this on each app somehow. A bit worried this could get messy? (C) We could do the kids application first and wait until granted before lodging my application. This would avoid confusion, but delays me starting my application while we wait for the kids. 2. OTHER CITIZENSHIP One of the questions for my wife is whether she has citizenship of any other countries. She has applied for but not yet granted UK citizenship (by ancestry). Im hoping we can tick the no box for now but change it at a later date if necessary - unless the answer gets locked in? I wondered whether to include some commentary in the bit about future plans ie we want to get to a point where all of the family unit have both UK and Australian citizenship. Does that sound like a good approach? Any info on experiences of others would be much appreciated. Thanks Ali
  7. Thanks so much - this will let us crack on without delay!
  8. Ahh, ok - that sounds good!... I hope you don't mind if i ask a couple of follow up questions: - Did you mention your kids in you 309 visa app - i think it asks if you have anyone else in the family unit and what their Aus immigration status is- do you just put 'other' initially and then change later as and when they get citizenship? - From what you are saying I presume its not a problem for the Australian parent to have 2 ongoing visa processes at the same time. I think there are 2 options for them to input their sponsor info - via your account or via their own: im not sure if it'll matter but which way did you do it? Thanks again for taking time to answer... Ali
  9. Thanks - the only reason i was considering anything else was that is says 75% of citizenship by descent applications granted in 5 months - if i wait until kids have citizenship it'll delay my application by however long it takes... but what im hearing is that is still likely to be quicker / cheaper /simpler to do it that way than combing kids with me - fingers crossed for a quick turnaround...!
  10. AliG

    Citizenship by Descent Timeline

    Thanks - Im guessing its best to get the kids citizenship first, and then I apply - rather than running the applications in parallel which could get messy when I have to declare dependants and their citizenship..
  11. AliG

    Citizenship by Descent Timeline

    Apologies if this is off topic (is that allowed?) but are you doing kids citizenship application separate from a partner/spouse 309 application? This is my current dilemma. My wife is Australian and Im British. We live in UK and have 2 x UK born kids. I'm wondering whether to do a single Aus visa application covering both me and kids, or whether to do seperately (either in parallel or kids first then me). I suspect there might be a clear winner and I'd love to know what it is!
  12. Hi Iron Chef, Wondering what the best bargains you have spotted in all of your reviews Just starting to run the numbers on a potential move to Brisbane (prob over a year from now) we are currently leasing but considering buying and bringing a car given the apparently steep cost of 2nd hand cars in Aus. We are a family of 4 so will need a good sized car (or two) when we get here. Have you come across anything suitable in that category that is a no brainer for resale in Aus?... Im guessing premium brands that depreciate fast in UK? Maybe big gas guzzlers that are taxed heavily in UK but not Aus?
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