Tracey Huaut

HELP! Am looking to emigrate to Australia but having problems getting the right forms, etc as immigration websites aren't too willing to help you out (now there's a surprise). Have been married to hubby for 6 years now, been living in the UK since 1997 and want to go and live near my father in Australia. Only problem is, I could pack up and go tomorrow if I wanted to but hubby needs to go through visa rigmorole which could take up to 2 years.... we don't want to wait that long! Has anybody been through similar experience or know anybody who has? It's very stressful!! Would be interested to know of your thoughts.

jaz

You need to obtain an application form for a SPOUSES VISA. You can get one printed off the immigration website, and you can find info to front end load it (much quicker) with medicals and criminal checks.

I am in a similar position, Australian by birth, but I have lived here most of my life. I applied for an Australian passport, and after downloading loads of wrong forms, and searching for a month or so for the right form, we at last found this one. I am sure it is called an SP100. Since you have been married for more than 5 years your husband may be entitled to perminant residancy after the initial application, usually you get a provisional acceptance which is reviewed after a couple of years.

We just sent our form off on Tuesday, so fingers crossed, but after 10 years, its hardly a marraige of convenience is it!

Let me know if you need any more help, and fingers crossed for you both!

JAZ

Ruthyman

Hi there Tracey
I found the whole thing very confusing as well at first.
If you try searching the posts by topic you should find some excellent information.
We are going to front load our visa by interview (you can also do this by post). It can take a few months to get the interview. You also need to take into account the time it takes to get all your police checks back and medicals as these need to be taken with you for the interview.
We started to put all our info together at end of April and have interview in July. There is a possibility (not guarenteed) that the visa might be given the same day.
The other thing to consider is that you only have something like a year from your earliest medical or police check to validate your visa once you get the visa.
This means your hubby must enter Australia to get his visa stamped. Then you have some period of time before you actually have to move there. (again please do a search on the posts for more exact info)

I got my spouse forms from
http://www.immi.gov.au/allforms/forms_num1.htm

47sp - Application for Migration to Australia by a Partner
40sp - Sponsorship for a Partner to Migrate to Australia


You can send me an email if you need more info
By the way-my hubby is french and to get a french passport I turn up at the consulate with my police checks and marriage cert. Simple eh!

cinderella

Tracey,

I am also a Kiwi married to an englishman. I asked this question a while ago. Have a look at this thread it maybe of help to you.

http://britishexpats.com/forum/showt...hreadid=111846

cinderella

Tracey,

Read this page on the DIMA site. http://www.dima.gov.au/facts/17nz.htm

I read it as -
You can go to OZ whenever and work using your NZ passport. But you can not claim some social security benifits. You can not sponser your husband on this SCV (Special Category Visa). You would have to apply for PR, to sponser him. You yourself would also have to gain PR if you wanted to become an OZ citizen.

So really if your husband wants and needs to work, he needs to apply for a visa that will let him do so.

Good luck.

Tracey Huaut

Thanks for your advice everybody.

I didn't mention that we had already been assessed (and rejected due to lack of info, common mistake apparently) by the TRA which has put a total dampner on the whole thing, which has led me to wonder if the TRA was the correct road to take in the first place. Seeing as none of you have mentioned it, perhaps it's not!?!

Cinderella, I read your thread "Australian Entry for NZ Citizens" - what is Business Owner Category? I was under the impression that my hubby would have to apply for Skilled Migration under the Independent Category.

Ruthyman, I first started out with forms 47SP and 40SP then discovered I do not hold the SCV (only if I am already living in Australia can I sponsor him) so went down the Independent route.... so is that one of my options, to move to Australia, leaving him in the UK and then sponsor him that way?

Me V V V confused now!!!

Tracey Huaut

Hi Jaz

Have searched for SP100(?) form but can't find it on immi website - any suggestions/links you could provide would be great! Also, not sure we have same rights if you are Aussie born and I'm a kiwi...? Thanks for your help though!

Tracey

cinderella

Tracey,

What does your husband do?

We will be applying for the new Business Owner (provisional) visa. As we have a retail business here and intend doing the same in Australia.

Jolyn

Hi Tracey,

Like some of the replies above, I think that Kiwis can't get into Oz automatically anymore since the rules were changed a few years ago. The migration was mostly one-way from NZ to Oz so can't blame the Aussies really (I grew up in NZ but born in Oz - went the other way!). I presume the same rules apply to you as to hubbie now - one of you needs to qualify as an independent migrant, business owner or whatever and then the other goes along for the ride.

If, on the other hand, you count as a 'qualified NZ citizen' - think you have to have lived there before the rules were changed or grown up there - you have the same rights as an Aussie to sponsor your husband for a spouse visa which takes only 4 months to process.

Good luck!!!!

Jolyn

Hi again,

I don't think that you moving to Australia would work to then sponsor hubbie. I think you had to be there already before the rules changed to get the 'qualified NZ citizen' status that would allow you to sponsor him.

I know you could go to Oz on a work permit (if your occupation allows) but that doesn't give you permanent residency in Oz or allow you to sponsor your spouse. I guess he could go with you and not work as a last resort - no long term help though.

If neither of you can qualify for independent migration perhaps you could both get work permits if jobs allow? No security but if you're really desperate to get there asap to be near your father.

There's no real family migration option but there might be something if your father is elderly and needing care. I don't know anything about that - try the aust high commission website maybe.

Sorry to not be much help. Best wishes for winding your way through the maze.

cinderella

Tracey,

Last friday we went to the Immgration fair in York. My husband talked to an immigration agent who said I could sponser my husband into OZ. I totally dismissed this, as you will have gathered by the comments I have made in the thread.

Any how today he mail us and said that we can go in to OZ via the following route.

1. New Zealand Citizen (Family Relationship)
Definition: A 5 year temporary visa that is obtainable if you are in a family relationship with a New Zealand Citizen.

Once again I dismissed it as I thought that I was not elgigble for an SCV, as was not in OZ on 26/02/01 etc.

The form he sent me states the following.(Form 147)
New Zealand Citizen Family Relationship (Subclass 461)
Note: Applicants for New Zealand Citizen Family Relationship (temporary) must be the member of the family unit of a NZ citizen who is, OR WILL BE, on entry to Australia, the holder of a SPV (subclass444).

Applicants holding a Subclass 461 may reapply for a further stay unless they have become a member of the family unit of another person'

Have a look at the web site below, it is really useful.

http://www.nz-oz.gov.au/internet/nz-...home-index.htm


He also sent me the following info.

'If you wife holds New Zealand Citizenship then she will be granted a SCV upon entry into Australia. Please see below.

Visa requirements
On 1 September 1994, amendments made by The Migration Reform Act 1958, resulted in a number of changes to migration legislation.

One of the changes introduced was the legal requirement for all non-citizens lawfully in Australia to hold visas.

As a result, the SCV was introduced for New Zealand citizens. In practical terms, there was no change to procedures for New Zealand citizens wanting to come to Australia. They continue to need only a valid New Zealand passport to travel to Australia, and do not need to seek a visa before travelling (1).

At the time of presenting their passports for immigration clearance they are considered to have applied for a visa and, subject to health or character concerns (2), will automatically receive an SCV which is recorded electronically.

Their New Zealand passports are stamped, showing the date of arrival in Australia. This is the only evidence provided or necessary to show they are holders of an SCV.

Is it necessary to apply for a permanent residence visa?
There is no need for a New Zealand citizen who holds an SCV to apply for or be granted permanent residence in Australia at any time, unless they wish to access certain social security payments, obtain Australian citizenship or sponsor family members for permanent residence (see Changes on 26 February 2001). The SCV allows a New Zealand citizen to remain and work in Australia lawfully as long as that person remains a New Zealand citizen.

People who become New Zealand citizens after their arrival in Australia can, subject to health and character concerns, obtain an SCV from the Department of Immigration and Multicultural and Indigenous Affairs, as can New Zealand citizens who were already in Australia before 1 September 1994.

Certain New Zealand citizens who were already in Australia before 1 September 1994, and were still in Australia on that date, automatically became SCV holders on 1 September 1994.

1. New Zealand citizens with medical conditions or criminal convictions should approach the nearest Australian immigration office to discuss their entry to Australia before travelling to Australia.

2. In the three years to 30 June 1999, 142 New Zealand citizens were refused entry on arrival in Australia as a result of their serious criminal records.'

I hope this is useful. looks very hopeful to me. Ans a lot less work and stress.

If there are any agents out there reading this, your comments would be appreciated.

Tracey Huaut

Hi Cinderella

Thanks for that! I had read the info you mention from the immi site and particularly liked this bit:

"At the time of presenting their passports for immigration clearance they are considered to have applied for a visa and, subject to health or character concerns (2), will automatically receive an SCV which is recorded electronically"

It pretty much confirms it right there in black and white!! I got some good advice off another forum member to go for the 461 too so it looks like that route is the best option. At least hubby will get a 5 year temporary residency visa and with no criminal convictions or health problems, he should fly through! We can deal with pr once we get there, 5 years is a long time.

Am v excited now, we could be there sooner than we thought!!

Many thanks for your comments, they have certainly eased my mind about the whole thing. Will let you know how i get on.

Tracey )

cinderella

I am pleased as well.

I hope it is not to good to be true. Have you had a look on the Form 147.

There it also states that holders of a 461 have NIL work conditions placed on them. So basically they are treated as if they are a kiwi.


Fantastic - I say !!

Have a lovely evening celebrating.

And keep in touch.

cinderella

Tracey btw, where are you off to? We are going to Brisabane / Gold Coast.

cinderella

Tracey,

I have put a thread on the Immigration page relating to the SCV 444 & Subclass 461. Hopefully We may get confirmation that we are in luck.