kiwi44 Posted August 13, 2014 Share Posted August 13, 2014 Hi there, just wondering if anybody has an answer for a visa query?? I'm a kiwi who is also an honourable New Zealand-er allowing full rights within Aus, I have two kids with dual citizenship (Kiwi/Uk) one also was born in Aus but we havent applied for a passport as yet. the question is for my mrs, she has an english passport only, however she had permanent residence in Aus 8 years ago, we moved out but had to return due to family tragedy, we wish to return as all is settled and funds have been replenished! the issue we have is that even though my partner came over under me so to speak (spouse visa), she wasn't entitled to get medicare under reciprocation between Uk/Aus, which is a worry regarding any health issues (she doesnt have any), every thing else was all good, she was entitled to live and buy a house etc... My question is that due to me not having to worry regarding visa issues, is this normal or did we get the wrong visa or is there a period regarding time in australia until medicare is reinstated?? we are looking at moving within the next 12 months... any advice would be grateful Link to comment Share on other sites More sharing options...
Pumpkin Posted August 13, 2014 Share Posted August 13, 2014 Do you mean you were a kiwi living in Australia in February 2001 or whenever it was? And she got a permanent partner visa ? If so, she wouldn't need Medicare through reciprocal cover, she would have had full Medicare entitlement. Link to comment Share on other sites More sharing options...
kiwi44 Posted August 13, 2014 Author Share Posted August 13, 2014 we were there in 99, had our daughter, but her temp visa was finished ( we had to return due to that) we went for a year as a taster for her before we made the move, she got pregnant (as you do) whilst on the taster year. we then came back, started the process to emigrate and then the story above kicked in when in aus... apologies on the complicated story, we were in aus in 2006 had a house etc then had to return 2007 due to tragedy Link to comment Share on other sites More sharing options...
boganbear Posted August 13, 2014 Share Posted August 13, 2014 Can she not get kiwi citizenship, then there will be no need for a visa Link to comment Share on other sites More sharing options...
kiwi44 Posted August 13, 2014 Author Share Posted August 13, 2014 she has permanent NZ residency (probably expired by now), but takes 5 years to attain citizenship- to prevent back door action so to speak... Link to comment Share on other sites More sharing options...
Pumpkin Posted August 13, 2014 Share Posted August 13, 2014 we were there in 99, had our daughter, but her temp visa was finished ( we had to return due to that) we went for a year as a taster for her before we made the move, she got pregnant (as you do) whilst on the taster year. we then came back, started the process to emigrate and then the story above kicked in when in aus... apologies on the complicated story, we were in aus in 2006 had a house etc then had to return 2007 due to tragedy Sorry, I cannot work out what visa she was on. Temp partner visas do not finish, they progress onto a permanent visa. Or did you just go for the Kiwi partner visa rather than the Australian partner visa, but if you are one of the kiwis that had "full rights" then I don't know why you would do that. It is very hard to comment on limited information. Can you clarify the visa situation and what you mean by you are a kiwi with full rights? Could you you try to think about the visa situation and your own status and clarify that. Don't need to know about family events or reasons for moving here or there. Link to comment Share on other sites More sharing options...
kiwi44 Posted August 13, 2014 Author Share Posted August 13, 2014 Hi pumpkin, sorry im probably sounding like a real numpty, i have never had to worry regarding visas so am not ofee with the types... all i know is that i was considered an "honarary Kiwi" by the aussie govt, not really sure the difference?? all I do know is that i can live in both countries with full rights in both with no restrictions (or so I was told when I applied for the childrens NZ citizenship). I dont have an aussie passport or citizenship, but all i remember is that she could live in aus with no problems yet couldnt get medicare?? the mrs is trying to find her old passport as we speak, will post the visa catagory when we have it Link to comment Share on other sites More sharing options...
Pumpkin Posted August 13, 2014 Share Posted August 13, 2014 Hi pumpkin, sorry im probably sounding like a real numpty, i have never had to worry regarding visas so am not ofee with the types... all i know is that i was considered an "honarary Kiwi" by the aussie govt, not really sure the difference?? all I do know is that i can live in both countries with full rights in both with no restrictions (or so I was told when I applied for the childrens NZ citizenship). I dont have an aussie passport or citizenship, but all i remember is that she could live in aus with no problems yet couldnt get medicare?? the mrs is trying to find her old passport as we speak, will post the visa catagory when we have it Well all NZ-ers can live in Australia. But there are some NZ-ers that really do have equal rights in everything and can sponsor partners for an Australian partner visa. If you are one of these extra special NZ-ers you would have lived in Australia for a long time or where there in February 2001. Are either of these true? Where you there on that date and how long have you lived in Australia over your lifetime. If the answers are no and not long, then I would conclude that you are not one of the special Kiwis and your wife probably just had the 461 visa. Now what was the question again...? Link to comment Share on other sites More sharing options...
kiwi44 Posted August 13, 2014 Author Share Posted August 13, 2014 yea im one of those, was there in 93,99 Link to comment Share on other sites More sharing options...
ArrowsEng Posted August 13, 2014 Share Posted August 13, 2014 yea im one of those, was there in 93,99 Hi Kiwi44, because you came to Australia before 1st September 1994, you are eligible for permanent residency, see these guys: http://www.ozkiwi2001.org/resources/eligibility-for-resident-return-visa/ if you are going to live permanently in Australia, I'd suggest an Aussie passport for your kids as the website above shows that Kiwi kids in Australia get hit for full Uni fees and aren't allowed a lot of child care or other benefits that other migrants can get. According to the Australian immigration, kiwis are a special breed that don't get the same as other people - a bit like George Orwells Animal Farm, all creatures are created equal, its just that some are created more equal than others! I see you want to bring your 2006 BMW to Australia as well. As its a BMW, you would be hard pressed to get a good one cheap enough in Australia, so I would definitely bring yours, especially if you plan to keep it for a few years. Just don't tell the insurance companies its an import or they might double your yearly premium. If your bringing the car to Melbourne, let me know as I'm a VASS engineer and can sign off your PI for registration. Regards, Blake A. Link to comment Share on other sites More sharing options...
kiwi44 Posted August 14, 2014 Author Share Posted August 14, 2014 Hi Kiwi44,because you came to Australia before 1st September 1994, you are eligible for permanent residency, see these guys: http://www.ozkiwi2001.org/resources/eligibility-for-resident-return-visa/ if you are going to live permanently in Australia, I'd suggest an Aussie passport for your kids as the website above shows that Kiwi kids in Australia get hit for full Uni fees and aren't allowed a lot of child care or other benefits that other migrants can get. According to the Australian immigration, kiwis are a special breed that don't get the same as other people - a bit like George Orwells Animal Farm, all creatures are created equal, its just that some are created more equal than others! I see you want to bring your 2006 BMW to Australia as well. As its a BMW, you would be hard pressed to get a good one cheap enough in Australia, so I would definitely bring yours, especially if you plan to keep it for a few years. Just don't tell the insurance companies its an import or they might double your yearly premium. If your bringing the car to Melbourne, let me know as I'm a VASS engineer and can sign off your PI for registration. Regards, Blake A. cheers mate will investigate this, may look at upgrading the car as well, it will have to last 5 years Link to comment Share on other sites More sharing options...
ArrowsEng Posted August 14, 2014 Share Posted August 14, 2014 Just about the bringing of your car, for a Personal Import, you must have owned and used it in another country for a minimum of 12 months before you can bring it back with you, so if you think you will return before 12 months, keep the 2006, if you think you will be coming back in 13 to 15 months then get yourself 2 of the best you can afford and you and your wife can bring in one each (as long as you each are eligible for permanent residency), put them in the bottom of a 40ft container and have your belongings put in on a mezzanine floor that the shipping company will build above your cars. Link to comment Share on other sites More sharing options...
kiwi44 Posted September 7, 2014 Author Share Posted September 7, 2014 Hi there sorry about the delay, the passport has been found, the mrs went over on a 461 visa?? the visa was fine its just the medi-care issue she was concerned about, its no drama to get health insurance in the interim prior to citizenship but just doing some due diligence. also due to circumstances for leaving (family tragedy) would she be able to get it re-instated?? cheers Link to comment Share on other sites More sharing options...
MaggieMay24 Posted September 7, 2014 Share Posted September 7, 2014 I'm not sure why/if you would sponsor your wife on a 461 visa if you are an Eligible NZ Citizen. Are you certain you are? Perhaps that's the first question you should confirm before deciding what visa your wife needs to apply for. Link to comment Share on other sites More sharing options...
kiwi44 Posted September 7, 2014 Author Share Posted September 7, 2014 I'm not sure why/if you would sponsor your wife on a 461 visa if you are an Eligible NZ Citizen. Are you certain you are? Perhaps that's the first question you should confirm before deciding what visa your wife needs to apply for. Not sure either to be fair, as a kiwi I never had to worry about visa thing, apparently I am an eligible kiwi(whatever that means) as far as the govt is concerned and that was the quickest visa we went for with the least dramas if I remember rightly! What is the difference?? Link to comment Share on other sites More sharing options...
Guest Posted September 7, 2014 Share Posted September 7, 2014 I would get some expert advice, I have a friend in Australia originally from Denmark who's partner is a New Zealander, they have two children, one born in Denmark and one in Australia. The visa she is on is valid for 5 years (I think) and then has to be renewed suddenly this time the renewal was refused and she faced having to return to Denmark. She has been with her partner over 15 years, they live together and have children as I said and yet suddenly their relationship was brought into question. It did get resolved but it seems there is no way for her to have a PR visa for Australia and she is now looking at her own independent visa to stop the nightmare ever happening again. If you are moving permanently to Australia then your wife needs permanent residency - I would seek advice from a migration agent (make sure they are MARA approved) Link to comment Share on other sites More sharing options...
MaggieMay24 Posted September 7, 2014 Share Posted September 7, 2014 A 461 is a temporary 5-year visa, so it needs continual renewal with the hopes that each time she will qualify and be granted a new 5-year visa. If you are an Eligible NZ Citizen, you could sponsor her for a permanent visa. The only thing she'd have to worry about on a PR visa is maintaining travel rights (which expire after 5 years) but she could always take Australian citizenship and then be able to come and go as she pleases. Link to comment Share on other sites More sharing options...
kiwi44 Posted September 8, 2014 Author Share Posted September 8, 2014 I would get some expert advice, I have a friend in Australia originally from Denmark who's partner is a New Zealander, they have two children, one born in Denmark and one in Australia. The visa she is on is valid for 5 years (I think) and then has to be renewed suddenly this time the renewal was refused and she faced having to return to Denmark. She has been with her partner over 15 years, they live together and have children as I said and yet suddenly their relationship was brought into question. It did get resolved but it seems there is no way for her to have a PR visa for Australia and she is now looking at her own independent visa to stop the nightmare ever happening again. If you are moving permanently to Australia then your wife needs permanent residency - I would seek advice from a migration agent (make sure they are MARA approved) That sounds awful, thank you for the comment I will most definitely take your advice and look at a Permanent visa as opposed to a temporary one, we have contacted a MARA approved agent as per your advice and are awaiting a reply as to which is the best visa, many thanks for your advice. Link to comment Share on other sites More sharing options...
kiwi44 Posted September 8, 2014 Author Share Posted September 8, 2014 A 461 is a temporary 5-year visa, so it needs continual renewal with the hopes that each time she will qualify and be granted a new 5-year visa. If you are an Eligible NZ Citizen, you could sponsor her for a permanent visa. The only thing she'd have to worry about on a PR visa is maintaining travel rights (which expire after 5 years) but she could always take Australian citizenship and then be able to come and go as she pleases. Many thanks for you advice we have contacted an agent to gain advice on which visa is the best one and are realising that the best way to go is to get a permanent visa as opposed to a temporary one, many thanks for your comment. Link to comment Share on other sites More sharing options...
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