Nessie1980 Posted June 24, 2015 Share Posted June 24, 2015 Me and my wife both live in oz she is from the UK been married 7 yrs been both living in oz together for 8 years, I cannot apply for residency because I never came in the country before 2001 so immigration tell me,my wife is having to apply for the 461 every 5 years this is now her second one about to apply for, does anyone on here know about kiwis n UK living in oz and have got there residency/citizenship, my wife reckons moving back to the UK would be our best option but I would have to go through the same as her here,but get residency over there within 2years and very confused to what should be a good idea, any feedback would be great. Link to comment Share on other sites More sharing options...
VERYSTORMY Posted June 24, 2015 Share Posted June 24, 2015 I am not sure what you are asking. But, moving back to the UK would not be that easy. There are now stringent regulations for spouses of UK citizens to move to the UK. These include a job paying over a certain amount or significant savings. There are details in the moving back to the UK section. As I understand 461 visas, she can never claim residence Link to comment Share on other sites More sharing options...
Nessie1980 Posted June 24, 2015 Author Share Posted June 24, 2015 461 does not lead to any residency, I can get an ancestry visa for the UK looked into that a little bit. We have been living here 8/11 yrs in Australia and still no where towards residency, which can make things difficult for me and my wife later on in life. I can live here being a kiwi but she needs to keep applying for the 461 every 5 years, because am not a resident because a never came in before 2001, so I need to know if how, I or my wife can become residents, both of us don't have a trade or business or skills list ??? Link to comment Share on other sites More sharing options...
Nemesis Posted June 24, 2015 Share Posted June 24, 2015 461 does not lead to any residency, I can get an ancestry visa for the UK looked into that a little bit.We have been living here 8/11 yrs in Australia and still no where towards residency, which can make things difficult for me and my wife later on in life. I can live here being a kiwi but she needs to keep applying for the 461 every 5 years, because am not a resident because a never came in before 2001, so I need to know if how, I or my wife can become residents, both of us don't have a trade or business or skills list ??? Without the skills you can't get PR here. If you qualify for an ancestry visa it might be worth investigating moving to the UK on that and working towards the right to stay there permanently instead. I have a kiwi friend in the same situation as you, but he has just met a lovely Aussie girl so can get PR here on a Spouse Visa now. Link to comment Share on other sites More sharing options...
Marisawright Posted June 24, 2015 Share Posted June 24, 2015 If immigration is telling you you can't qualify for residency then I don't think anyone here is going to come up with a magic solution. If you can get an ancestry visa for the UK then that sounds like your best bet. Link to comment Share on other sites More sharing options...
Nessie1980 Posted June 24, 2015 Author Share Posted June 24, 2015 Am not so bothered about my residency as such just as long as she could get her's, would a immigration lawyer get her residency? And roughly costing? If anyone knows? Link to comment Share on other sites More sharing options...
Bungo Posted June 24, 2015 Share Posted June 24, 2015 Am not so bothered about my residency as such just as long as she could get her's, would a immigration lawyer get her residency? And roughly costing? If anyone knows? You will, neither of you, ever become permanent residents unless you apply for one of the permanent visas, same as anyone from any other country. An immigration lawyer isn't going to change that. Have you looked to see if either of you qualify for skilled migration? It only needs one of you to qualify and then the other goes on the same application. If you do not qualify for skilled migration, or if you do not have employers that will sponsor for a permanent visa, then it is the 461 forever for her and she would need to reconcile with that or indeed decide if going back to the UK is better for you. Link to comment Share on other sites More sharing options...
Gbye grey sky Posted June 24, 2015 Share Posted June 24, 2015 Is moving to NZ not an option as this might be the best option for permanence for both of you? Link to comment Share on other sites More sharing options...
Marisawright Posted June 24, 2015 Share Posted June 24, 2015 Am not so bothered about my residency as such just as long as she could get her's, would a immigration lawyer get her residency? And roughly costing? If anyone knows? Immigration lawyers can't work miracles. All they can do is help you understand your options and make sure the complicated paperwork is filled out correctly. If she doesn't have the skills to qualify for residency, she won't get in, period. Link to comment Share on other sites More sharing options...
Quinn Posted June 25, 2015 Share Posted June 25, 2015 Between your birth and 1st September 1994 did you ever enter Australia at all? Such as for a few days on a family holiday? If you have you are entitled to apply for a Resident Return Visa which would restore your permanent resident status you were afforded when you originally entered Australia and as a result it would provide an eventual pathway for your wife to get permanent residency. I had a friend who was able to get permanent residency through this technicality when he went through his mums passport and discovered he travelled to Australia for a couple of days as a baby. Failing that you can try and satisfy the criteria for a skilled visa. It takes time but it can be done. I grew up here as a child on an NZ passport and this is what I am currently in the process of doing in order to become an Australian citizen. Your other option is to to go back to NZ with your wife in order for her to become a NZ citizen. Then she will have the automatic right to live here for the rest of her life without restriction. There are negatives to this as you are aware but at least it is better than her existing status. Link to comment Share on other sites More sharing options...
kiwiis200 Posted June 26, 2015 Share Posted June 26, 2015 Hi Nessie, Quinn is exactly correct, and really so are the other guys. My wife ( UK ) is currently on a 461 visa and cannot get PR. But.... Because I was living here as a 10 year old in 1980 for a year I like everyone else before Sept 1994, was stamped as a PR. I sent off for a returning resident visa and got it. Reactivating my PR. So now we've just popped in he PR application. We're you here even for just a day before Sept 1994?? If not mate go to NZ. I wouldn't personally go back to UK. Up to you. But you can sponser her for NZ PR. Hope it works out for you. Link to comment Share on other sites More sharing options...
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