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AliG

Aus immigration status for Kiwi Parents

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Hi All,

I posted a question in the partner visa forum but it might be relevant to others:

My wife is Australian (by birth) with Kiwi parents who have been living in Australia since the 70s - question is what to put for the Kiwi parents Aus immigration status..

Because they entered prior to Feb 2001 they never had to obtain permanent residency - I understand they automatically get a protected Special category visa (SCV) which gives them all of the benefits of permanent residency (eg healthcare, unemployment benefit etc) without having to go through the official process.

When filling out the sponsor section of my application (for 309/100) we have to put in the visa status of family members but none seem an obvious fit for the circumstances. Options below - Temporary Resident seems to be closest fit based on info I can find:

- 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

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I think I found the answer for these particular circumstances (but please note Im not an Immigration Advisor!):

Apparently there are yet more rules that apply for NZ folks that arrived prior to 1994. Apparently my wife's parents visa status is 'Exempt non-citizen and considered a Permanent resident'. Explainer here:

https://www.hannantew.com.au/australian-citizenship-and-permanent-residence-for-new-zealanders-a-quick-as-possible-guide/

Beware though as there can be quirks and exceptions e.g. if the person has lived abroad for any length of time since first arrival.

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