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)