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jodznsez

461 visa and beyond...

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evening all..

 

I'm 3 and a bit years into my 5 year temp residency (461, partner of NZ citizen).

 

I got given some duff info from immigration when i first got this visa. Firstly they said that the 5 years DID count towards getting PR and or citizenship (I'm uk passport holder). When it doesn't.

 

Now my only option according to them, as i can't get loans or anything on this visa, is for my kiwi Mrs (nz passport) to get an "official PR" status, I can then apply off the back of her for a PR for myself.

 

Now, without holding for an hour, has any kiwi's on this board done that? if so what did you do and how much was it? the immigration website sheds zero light. My MRs doesn't want to do it if it means giving up her NZ passport, so I'm at a crossroads on this atm....

 

can anyone shed any light!??!? my work is too busy at the mo to be holding for ages on the phone.

Edited by jodznsez
typo in heading

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evening all..

 

I'm 3 and a bit years into my 5 year temp residency (461, partner of NZ citizen).

 

I got given some duff info from immigration when i first got this visa. Firstly they said that the 5 years DID count towards getting PR and or citizenship (I'm uk passport holder). When it doesn't.

 

Now my only option according to them, as i can't get loans or anything on this visa, is for my kiwi Mrs (nz passport) to get an "official PR" status, I can then apply off the back of her for a PR for myself.

 

Now, without holding for an hour, has any kiwi's on this board done that? if so what did you do and how much was it? the immigration website sheds zero light. My MRs doesn't want to do it if it means giving up her NZ passport, so I'm at a crossroads on this atm....

 

can anyone shed any light!??!? my work is too busy at the mo to be holding for ages on the phone.

 

Immigration should never be relied upon for advice, they are there to administer. Your 461 would technically count towards citizenship, but only if you can get a permanent visa as you would need that for a year, then one year on permanent and three years on the 461 is enough for citizenship.

 

But I am afraid that it is no easier for a kiwi to get PR than anyone else. Well not unless they were living in Auustralia on a particular date in February 2001 or something. How long has you OH been in Australia? If she was not in Australia then are either of you on the skilled occupation lists? You could apply for a permanent visa that way if so. There is no need for either of you to give up your first passport.

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Immigration was correct that the 5 years counts towards citizenship. However you also need to get PR status for at least a year as a requirement too.

 

To get PR, you'll need to go the same route as a lot of others on this forum - look at what occupations are on the SOL and CSOL to see if either you or your partner qualify, then apply for a PR visa. If you're eligible, then you can apply and include your wife in your visa so she also gets PR status. Becoming an Australian PR doesn't require anyone to give up a passport elsewhere.

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evening all..

 

I'm 3 and a bit years into my 5 year temp residency (461, partner of NZ citizen).

 

I got given some duff info from immigration when i first got this visa. Firstly they said that the 5 years DID count towards getting PR and or citizenship (I'm uk passport holder). When it doesn't.

 

Now my only option according to them, as i can't get loans or anything on this visa, is for my kiwi Mrs (nz passport) to get an "official PR" status, I can then apply off the back of her for a PR for myself.

 

Now, without holding for an hour, has any kiwi's on this board done that? if so what did you do and how much was it? the immigration website sheds zero light. My MRs doesn't want to do it if it means giving up her NZ passport, so I'm at a crossroads on this atm....

 

can anyone shed any light!??!? my work is too busy at the mo to be holding for ages on the phone.

 

If your partner is what is classified as an ”eligible New Zealand Citizen” then they may have an easy pathway to Australian Citizenship.

 

If they are not, there are concessions under the Employer Nomination Scheme for New Zealanders working in Australia on a 444 visa.

 

Other than that they must jump through the same hoops as everyone else to obtain PR and ultimately Citizenship.


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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Thanks for the replies, I'm too knackered to take it all in so will read in the morning...

 

so it seems that my 5 years does count onto PR/citizen qualification. I'm kind of sick of getting so many mixed messages from the immigration office.. ok. Thanks all again!

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If your partner is what is classified as an ”eligible New Zealand Citizen” then they may have an easy pathway to Australian Citizenship.

 

If they are not, there are concessions under the Employer Nomination Scheme for New Zealanders working in Australia on a 444 visa.

 

Other than that they must jump through the same hoops as everyone else to obtain PR and ultimately Citizenship.

 

Spot on.

 

I would add 461 visa holders get the same concessions for ENS.


Client Service Manager - QuickVisas / Carman & Associates.

www.QuickVisas.co.uk

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Thanks for the replies, I'm too knackered to take it all in so will read in the morning...

 

so it seems that my 5 years does count onto PR/citizen qualification. I'm kind of sick of getting so many mixed messages from the immigration office.. ok. Thanks all again!

 

Getting citizenship and getting permanent residency are two very different things. Permanent residency can not be achieved simply on the basis of having spent X years in the country.

 

Your time in Australia on a 461 visa would count towards citizenship, but ONLY if you can secure a PR visa. Your 461 will not lead to a PR visa and unless your OH was in Australia at a particular time in the past she cannot get PR purely in the basis of being a NZ citizen.

 

So you need to look into skilled migration or employer sponsored visa options in order to get your permanent residency. Otherwise you will remain on the 461 indefinitely.

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If your Kiwi partner have been to Australia before September 1st 1994, may be able to apply for Resident Return Visa 155.

 

My mother have been to Australia before 1st September 1994 and she has applied for RRV 155 last year while she's on SCV 444 temporary visa... got it granted. (she stayed in Australia for 2 weeks in pre Septmer 1994) If your partner is able to get a RRV, she would be able to sponsor you as an partner visa.

 

http://www.immi.gov.au/Live/Pages/new-zealand-citizens.aspx (scroll down to the bottom of this website link until you read about RRV)

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Jeeez this is all going over my head a bit haha!! thanks again all. All info is good info.

 

The reason I'm worried about the situation is, that on my current visa I'm not able to get loans etc (cars are in the Mrs' name) and obviously means no mortgage.

 

We're now weighing up whether we can actually stay (well obviously she can!).

 

In a nutshell, I can't get skilled migrant, as I'm not skilled, and my current job is a contract expiring March 31st 2015, plus I'd rather not go the work visa route.

 

So it seems after reading the replies, that our best option is wife goes for AU PR, then i go for after.... over $6k later we might be able to stay,, haha

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Jeeez this is all going over my head a bit haha!! thanks again all. All info is good info.

 

The reason I'm worried about the situation is, that on my current visa I'm not able to get loans etc (cars are in the Mrs' name) and obviously means no mortgage.

 

We're now weighing up whether we can actually stay (well obviously she can!).

 

In a nutshell, I can't get skilled migrant, as I'm not skilled, and my current job is a contract expiring March 31st 2015, plus I'd rather not go the work visa route.

 

So it seems after reading the replies, that our best option is wife goes for AU PR, then i go for after.... over $6k later we might be able to stay,, haha

 

I am not sure you are taking these replies in, I am not going to repeat everything but would encourage you to have another read through. If you do not qualify for a permanent visa like skilled migrant, then yes your wife would need to apply as main applicant. We still have not established if she qualifies for a permanent visa herself. So...

 

- is she in a skilled occupation?

- has she lived in Australia previously and if so from what dates?

 

Really need you to answer those two questions to move forward with any suggestions.

 

If the answer is no to both the above questions, then you will need to either reconcile with being on a temporary visa forever. Or indeed leave, maybe go to NZ for five years and acquire citizenship there. That won't leave to permanent residency status in Australia either, but better than your current status.

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- is she in a skilled occupation?

- has she lived in Australia previously and if so from what dates?

 

 

 

1 - No.

2 - yes but for a couple of months in 2004. So basically irrelevant.

 

 

and moving back to NZ (where I'm a PR, but obviously that means **** over here) is looking like only option if we ever want to buy a house...

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1 - No.

2 - yes but for a couple of months in 2004. So basically irrelevant.

 

 

and moving back to NZ (where I'm a PR, but obviously that means **** over here) is looking like only option if we ever want to buy a house...

 

OK so in this case you currently have no path to permanent residency in Australia.

 

Your NZ PR obviously means nothing here, but if you live there for five years you could become a NZ citizen and then you have a slightly better status in Australia than you currently do should you move back.

 

I didn't know 461 visa holders could not buy a house, I don't see why not to be honest, I have seen 457 visa holders buy houses. But still, it is a temporary visa and not one I would want to be on long term either.

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