186 and Kiwi passport holder family

[Guest BDG]

Hello,

 

My English Husband has born the brunt of the tragedy of his 186 visa application process including going to tribunal... Recently, at the 11th hour, he was told that the whole family needs to be on his application (something they failed to mention at the beginning all those years ago), which includes myself and our three kids all of whom hold valid New Zealand passports. So I wanted to double check that this indeed the case as now I am stuck in the TB screening process which takes 3 months, time we cant afford.

 

I wish we had used an agent to start with!!!

 

I really look forward to any responses,

Belinda

[Mark Northam]

Hi BelindaD -

 

Sorry to hear of the issues - I don't have enough information about your case to give you specific advice, however I'm not sure about any "requirement" that a person include all of his/her dependents in a particular visa application - are you referring to something that the AAT Tribunal is insisting on, or DIBP?

 

Best,

 

Mark Northam

[Guest BDG]

Hi BelindaD -

 

Sorry to hear of the issues - I don't have enough information about your case to give you specific advice, however I'm not sure about any "requirement" that a person include all of his/her dependents in a particular visa application - are you referring to something that the AAT Tribunal is insisting on, or DIBP?

 

Best,

 

Mark Northam

 

 

Hello Mark,

 

Thanks so much for getting back to me. Here is the email that started this issue about including dependents:

 

 

"With reference to your visa application which was lodged with the Department in 2014, according to the Form 80 attached with the application you have declared that you have a spouse and children.

 

Can you please advise if they are migrating with you or are they non migrating as they have not been included in the application.

 

There are specific requirements that need to be met.

 

 

 

Please ensure this information is provided within 28 days from the date of this email."

 

Then, in a following email "For the Department to be able to finally determine your application we must now add your known dependent family members to your application and assess them accordingly...."

 

Mark, as I see it, as we are all Kiwi's we are not migrating, just staying under the special category visa New Zealanders get. We have all lived in Oz since April 2011 (2 kids were born here) and as Kiwis can continue to do so indefinitely. look forward to any additional comments you may have.

 

Many thanks,

Belinda

[Guest BDG]

Hello Mark,

 

Thanks so much for getting back to me. Here is the email that started this issue about including dependents:

 

"With reference to your visa application which was lodged with the Department in 2014, according to the Form 80 attached with the application you have declared that you have a spouse and children.

 

Can you please advise if they are migrating with you or are they non migrating as they have not been included in the application.

 

There are specific requirements that need to be met.

 

 

 

 

Please ensure this information is provided within 28 days from the date of this email."

 

Then, in a following email "For the Department to be able to finally determine your application we must now add your known dependent family members to your application and assess them accordingly...."

 

Mark, as I see it, as we are all Kiwi's we are not migrating, just staying under the special category visa New Zealanders get. We have all lived in Oz since April 2011 (2 kids were born here) and as Kiwis can continue to do so indefinitely. look forward to any additional comments you may have.

 

Many thanks,

Belinda

 

Sorry - the emails referred to above come from the department of immigration...

[George Lombard]

Hi Belinda,

 

There are many advantages in obtaining your Australia PR but no, it's your personal choice whether to be included in his application or not. You might want to calculate the cost of adding you now as against the cost of none of you being eligible for pensions, Austudy, etc later on. See https://www.humanservices.gov.au/customer/enablers/new-zealand-citizens-claiming-payments-australia for example.

 

Cheers,

 

George Lombard

[Guest BDG]

Hi Belinda,

 

There are many advantages in obtaining your Australia PR but no, it's your personal choice whether to be included in his application or not. You might want to calculate the cost of adding you now as against the cost of none of you being eligible for pensions, Austudy, etc later on. See https://www.humanservices.gov.au/customer/enablers/new-zealand-citizens-claiming-payments-australia for example.

 

Cheers,

 

George Lombard

 

Hello George,

 

Many thanks for your reply. I agree, getting PR for all of us is a massive silver lining to the sudden announcement that we must all now be included in my husbands 186 visa application which my husband says they maintain is compulsory. We all would naturally have gotten this and then citizenship in due course. Also we would have been happy to do all of this at the beginning but as they sprung this on us just before my husbands checks are all due to expire (Police, skills, bridging etc) and as I am in the TB checking saga which will take us well beyond these dates I simply wanted to know if we have the ability to exclude us from his application... Perhaps we could all continue with our PR applications separately has that process has begun...

 

Many thanks,

Belinda