anyone used visa 416??

[liv1980]

Hi we're looking to use the tempoary residence visa subclass 416, just has any1 used it and how long it took, we were going to go down the skilled migrants visa but that seems to take atleast a year at the minimum, we think this might be a quicker option for us as I've got an NZ passport, any experience would be appreciated,

Thanks, hopping to be in Oz in 2009:notworthy:

[Guest Gollywobbler]

Hi we're looking to use the tempoary residence visa subclass 416, just has any1 used it and how long it took, we were going to go down the skilled migrants visa but that seems to take atleast a year at the minimum, we think this might be a quicker option for us as I've got an NZ passport, any experience would be appreciated,

Thanks, hopping to be in Oz in 2009:notworthy:

 

Hello Liv1980

 

Welcome to Poms in Oz.

 

Errrrmmm! I don't think you mean a subclass 416 visa?

 

Special Programs Visa (Subclass 416)

 

I think you probably mean a subclass 461 visa for your Partner?

 

New Zealand Citizen Family Relationship (Temporary) Visa (Subclass 461)

 

I would suggest that you phone Richard Gregan at Overseas Emigration in Edinburgh and discuss your options with him. I suggest Richard because he is a Kiwi so he is particularly clued up on this area of the law.

 

Richard Gregan

 

http://www.pomsinoz.com/forum/members/richard-gregan.html

 

I think the gist is that most Kiwis can travel to Oz and apparently you will be given a subclass 444 visa on arrival at the airport in Oz. Use the Visa Wizard to take you to the details if you need them:

 

Australian Visa wizard - Visas & Immigration

 

The thing about the sc 444 and the 461 is that they are not pathways to Permanent Residency in Oz. You would get limited Medicare cover under the reciprocal health care agreement between NZ and Oz whilst your OH would take advantage of the one between the UK and Oz.

 

Visitors to Australia - Medicare Australia

 

There may be differences between the two.

 

However although both of you would be free to apply for any jobs that you wish, if you fall on hard times in Oz you cannot claim a penny piece from Centrelink (social security.) I would imagine, too, that you would not get the benefits of the First Home Owners Grant and stamp duty relief if you buy a house in Oz.

 

As I understand it from chatting with Richard one day, if you want Permanent Residency, eventual Citizenship and so forth you might find that you have to follow the skilled visa route as if you were British and applying from the UK.

 

That said, the above provisions are relatively new. I think they changed the legislation about 5 or 6 years ago but I am not sure of the exact date. I do know that my sister's husband is a Kiwi by birth and his family moved to Oz when Neil was 4. I think Neil was able to take advantage of some old rules and simply became a naturalised Aussie because he has been an Aussie Citizen for at least 20 years if not more. So the date when they changed the legislation might be significant for you as well.

 

Richard knows about this without even having to pause to think, hence I would recommend a call to him to see what the best options might be in both the short and long terms.

 

Best wishes

 

Gill

[Alan Collett]

Hello Liv.

 

As Gill says, the subclass 461 visa is probably the one you are thinking of.

 

Such applications are processed in London (for applicants who presently reside in the UK), and processing times are similar to Spouse applications - or about 4 to 8 weeks.

 

The 461 visa does not provide for permanent residency though. I confirm Gill's comments that obtaining p/r would most probably necessitate seeking a visa under the general skilled program.

 

Also, as a 461 visaholder you can probably avail yourself of the special tax treatment afforded to temporary residents who are otherwise tax resident in Australia. This may be of significance to your visa strategy, depending on your personal financial position.

 

Best regards.

[Alan Collett]

PS. The key date Gill is referring to is 26/02/2001.

 

If you were in Australia as a NZ citizen on that date you would be an "eligible New Zealand citizen", and thereby able to sponsor a partner or spouse for the grant of a spouse visa.

[liv1980]

PS. The key date Gill is referring to is 26/02/2001.

 

If you were in Australia as a NZ citizen on that date you would be an "eligible New Zealand citizen", and thereby able to sponsor a partner or spouse for the grant of a spouse visa.

 

 

Thanks for the replies guys, I came across this visa and we're looking for the quickest way that we can get to Oz as this looks like the best option, we're irish and the way the irish economy is sinking(we were shopping today and no problem getting parking this time last year there were 20 minute tail backs just to get near the shopping centre) we're looking to get out asap, and I think we would then look at the going for the skilled migrant visa once we got to oz, I'm not an eligible new zealand ctizen unfortunantly:unsure:, but my partner has the points to go for the skilled visa, is it quicker if you apply for the skiiled migrant visa in OZ? Its just so scary to think we have to do this as we have two small children 2 and 8 months, but atleast we have the option.

[Guest Gollywobbler]

Hi Liv1980

 

Thanks for your reply. A 461 visa for your partner and an automatic visa for you on arrival in Oz would get you out there quickly and you can both work at whatever you like when you get there.

 

Applying for a skilled visa once in Oz would not take any more time or less time than doing it from offshore as far as the visa end of things is concerned. Bear in mind that you would probably be applying for one of the offshore skilled visas (eg the sublcass 175.) Therefore although you would be able to make the visa application after you get to Oz, you would need to go offshore for a few days in order for the visa to be granted and the visa labels put into your passports. 5 working days offshore should be enough but it is usually cheaper to book a 7 or 10 night package holiday than to arrange independent travel for a shorter period. Fiji, Auckland, Singapore and Bali are the usual destinations because there are DIAC offices with in-person counter-service in all four of them. The Case Officers are familiar with the drills so this is not a big issue.

 

The other thing to consider is that your Partner would need to obtain a positive skills assessment before he could apply for a GSM visa. It might be much harder and more time consuming to organise references etc from so far away, plus if his skills assessment needs to be done via Vetassess and involves a practical assessment, you need to consider whereabouts those are done in Australia.

 

Best wishes

 

Gill