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spouse visa... should we use an agent?


k8bug79

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Hi, we had what looked like some good news yesterday, after looking at the skilled worker Visa (my husband is a chef) and looking like he had to do the AQF3 and adding the costs of it all up, we spoke to has parents to discover that my husbands Dad is still an Australian citizen. We knew that he was born there but moved back at a year old and have never returned. He has a UK passport so we thought he had relinquished Australian citizenship, but from googling around looking at the high commission etc it looks like he is still Oz citizen. Now from what we can see (and speaking to the agent we have already approached he could offer us no insight on this) this means my husband can apply for Oz citizenship by descent. The agent seemed to think there was an age limit on doing this, but according to everything I have found as long as you are born after 26th Jan 1946 and his Dad was and obv so was he, and have proof of your parents citizenship (we have his birth certificate) then he should get it.

 

Now if this is the case (fingers crossed) then obviously me and the children will be applying on a partners Visa. However is it necessary to use an agent for this in your opinion? From looking at the info it seems relatively straight forward (well as these things can be) nothing like the skilled Migrant Visa which has all the skills etc. What is your opinion is it still better to appoint an agent or shall we do it ourselves and put the extra money towards our new life?

 

Also am I right in thinking that as we have children and have been together 4 years that I will get a permanant visa rather than a temporary visa? I am concerned as I saw a thread earlier that says on a temp visa we won't get help with childcare eeeek.

Thanks for your help:confused:

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Your story sounds just like mine lol. We checked out the skills before we realised he could get citizenship.

 

Anyway, yup it is possible you would go straight on to a PR visa. As for an agent it is personal choice, I didnt and lots of other spouse visa applicants on here did there own too. So long as you dont mind filling forms and have all the right evidence, lots of threads here on what you need and you should have lots after 4yrs.

IMO your money would be better in gaining interest for the big move like ours :o)

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Thanks Shel, not adverse to filling in forms, I was just about to look it over. Can you shed any light on the age limit thing? from my understanding anyone (regardless of age) can apply for oz citizenship as long as one of their parents was an Oz Cit at the time if their birth, there is a route for children of former oz citizens and a route for citizens by descent? As my FIL is still an oz citizen it does not matter that my hubby is in his 30s he should still get it?

If we opt not to use an agent do the DIAC sen you letters etc asking for information or is it up to you to supply everything at the start? If they keep you up to date (even if it means constant phonecalls etc) I would rather do it myself

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Guest Paula125

I just wanted to say, my husband is Australian so I applied for a spouse visa, which we did without an agent and got no probelm. By the time we arrived in Australia we had been together for over four years, married for almost two and had a baby together. Even taking all this into consideration I still only got a temporary visa.

 

But I have two kids from a previous relationship and, even though I my kids and I only had a temporary visa, my husband, as he is an Australian citizen, was still entitled to claim for them with centre link as they were dependant on him.

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Guest Paula125

I have to say, having a father in law who is a tax accountant working for H&R Block made a huge difference too! He was a godsend when it came to figuring out what my husband was and wasn't entitled to. Even now I still don't know half of it!

 

So, a bit of advice, when you eventually get here, make sure you get someone at centrelink who knows what they're talking about. When my husband and father in law first went to cetrelink the woman who dealt with them didn't have a clue. It was my father in law who basically kept her straight!

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Nope age does not count. DH dad lost his citizenship when he was in his 30's by gaining US citizenship then later got back his Aus citizenship when they changed the law.

All they want to know is was the parent a citizen at the time of the applicants birth and that they lived in Aus for a period (think 2 years) thats any time from birth. We sent his dads high school & uni certificate to prove that.

 

Yes they update you. We included a certified copy of his dads birth certificate and they emailed us to say no, we want the original in 28 days. We had it sent by DHL from Aus and DH was a citizen days later. Think the whole thing took 4 weeks.

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