My wife sponsored me, now I must sponsor her!
Sep 26th 2005, 5:15 am
#1
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My wife sponsored me, now I must sponsor her!
I recently ‘celebrated’ a big day…. two years living in Australia. Yep, two whole years without setting foot outside the country. Two years of long working hours, few holidays, poor wages, missing friends and family, etc.
In short, the two longest years of my life.
So I am one of the ‘negatives’ am I? One of the failures maybe? Only here as long as it takes to get an Australian passport?
Well, possibly. But having bought a house here and with two children very happy with Australian life, returning to Brighty is not an easy option. Plus, there are lots of things I do love about Australia and know I would miss if we left.
But sadly, despite that, I have become an “if only…” person. “If only I hadn’t sold my house in England”, “if only I hadn’t applied for that job”, “if only my wife hadn’t been born in New Zealand”….
Through the reciprocal visa agreement between Australia and New Zealand, my wife was able to sponsor me for permanent residence. That was a good few years ago – before 2001, when legislation changed. Apparently – and I only found this out a few weeks ago when I was in the process of applying for citizenship – she would no longer be able sponsor me. What’s more, she (and my children come to that) are only here as temporary visa holders and have a lesser (and soon, once I receive my citizenship, even lesser) status than me!
Doesn’t affect us greatly at the moment – she loses some benefits but as she has been unable to get a job it’s not a problem (although not being able to find employment certainly is a problem for us). Our children however would also miss out on benefits including university grants. And there is always the possibility that legislation could change again and I be left here on my own (only saying that half seriously.. I think).
The answer is for my wife and children to apply for Australian permanent residence. And guess who would need to sponsor them? Yes, crazy isn’t it?
Permanent residence for my wife and children will cost us around $2000 plus the cost of medicals. Now that’s serious money to me on my Australian wage.
I’m sure some will say, “So what?” but to me it’s just one more kick in the teeth (and there have been quite a few) that Australia has directed at me in the last two years. Yet another reason to say…
“If only…”
In short, the two longest years of my life.
So I am one of the ‘negatives’ am I? One of the failures maybe? Only here as long as it takes to get an Australian passport?
Well, possibly. But having bought a house here and with two children very happy with Australian life, returning to Brighty is not an easy option. Plus, there are lots of things I do love about Australia and know I would miss if we left.
But sadly, despite that, I have become an “if only…” person. “If only I hadn’t sold my house in England”, “if only I hadn’t applied for that job”, “if only my wife hadn’t been born in New Zealand”….
Through the reciprocal visa agreement between Australia and New Zealand, my wife was able to sponsor me for permanent residence. That was a good few years ago – before 2001, when legislation changed. Apparently – and I only found this out a few weeks ago when I was in the process of applying for citizenship – she would no longer be able sponsor me. What’s more, she (and my children come to that) are only here as temporary visa holders and have a lesser (and soon, once I receive my citizenship, even lesser) status than me!
Doesn’t affect us greatly at the moment – she loses some benefits but as she has been unable to get a job it’s not a problem (although not being able to find employment certainly is a problem for us). Our children however would also miss out on benefits including university grants. And there is always the possibility that legislation could change again and I be left here on my own (only saying that half seriously.. I think).
The answer is for my wife and children to apply for Australian permanent residence. And guess who would need to sponsor them? Yes, crazy isn’t it?
Permanent residence for my wife and children will cost us around $2000 plus the cost of medicals. Now that’s serious money to me on my Australian wage.
I’m sure some will say, “So what?” but to me it’s just one more kick in the teeth (and there have been quite a few) that Australia has directed at me in the last two years. Yet another reason to say…
“If only…”
Sep 26th 2005, 5:23 am
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Posts: 34,649
Re: My wife sponsored me, now I must sponsor her!
Originally Posted by Grey Wolf
Through the reciprocal visa agreement between Australia and New Zealand, my wife was able to sponsor me for permanent residence. That was a good few years ago – before 2001, when legislation changed. Apparently – and I only found this out a few weeks ago when I was in the process of applying for citizenship – she would no longer be able sponsor me. What’s more, she (and my children come to that) are only here as temporary visa holders and have a lesser (and soon, once I receive my citizenship, even lesser) status than me!
Doesn’t affect us greatly at the moment – she loses some benefits but as she has been unable to get a job it’s not a problem (although not being able to find employment certainly is a problem for us). Our children however would also miss out on benefits including university grants. And there is always the possibility that legislation could change again and I be left here on my own (only saying that half seriously.. I think).
The answer is for my wife and children to apply for Australian permanent residence. And guess who would need to sponsor them? Yes, crazy isn’t it?
Permanent residence for my wife and children will cost us around $2000 plus the cost of medicals. Now that’s serious money to me on my Australian wage.
Doesn’t affect us greatly at the moment – she loses some benefits but as she has been unable to get a job it’s not a problem (although not being able to find employment certainly is a problem for us). Our children however would also miss out on benefits including university grants. And there is always the possibility that legislation could change again and I be left here on my own (only saying that half seriously.. I think).
The answer is for my wife and children to apply for Australian permanent residence. And guess who would need to sponsor them? Yes, crazy isn’t it?
Permanent residence for my wife and children will cost us around $2000 plus the cost of medicals. Now that’s serious money to me on my Australian wage.
Read form 1162:
http://www.immi.gov.au/allforms/pdf/1162.pdf
If she's an eligible NZ citizen, she can apply for citizenship in her own right.
If she and the children are not eligible NZ citizens, then you will have to sponsor for permanent residence:
- once PR is granted any children under 16 should immediately be able to apply for citizenship without any residence requirement (on the basis of being PRs with an Australian citizen parent).
- however your wife may need to wait a few years to be eligible for citizenship. Ask the DIMIA Citizenship folks if her time on a Special Category Visa can count. Also bear in mind the new legislation coming up, which simplifies the situation for ex-temporary visa holders and spouses of Australian citizens.
Jeremy
Sep 26th 2005, 6:31 am
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Re: My wife sponsored me, now I must sponsor her!
Originally Posted by JAJ
When did you and your wife start living in Australia? Are you sure she is not an 'eligible NZ citizen'?
Read form 1162:
http://www.immi.gov.au/allforms/pdf/1162.pdf
If she's an eligible NZ citizen, she can apply for citizenship in her own right.
If she and the children are not eligible NZ citizens, then you will have to sponsor for permanent residence:
- once PR is granted any children under 16 should immediately be able to apply for citizenship without any residence requirement (on the basis of being PRs with an Australian citizen parent).
- however your wife may need to wait a few years to be eligible for citizenship. Ask the DIMIA Citizenship folks if her time on a Special Category Visa can count. Also bear in mind the new legislation coming up, which simplifies the situation for ex-temporary visa holders and spouses of Australian citizens.
Jeremy
Read form 1162:
http://www.immi.gov.au/allforms/pdf/1162.pdf
If she's an eligible NZ citizen, she can apply for citizenship in her own right.
If she and the children are not eligible NZ citizens, then you will have to sponsor for permanent residence:
- once PR is granted any children under 16 should immediately be able to apply for citizenship without any residence requirement (on the basis of being PRs with an Australian citizen parent).
- however your wife may need to wait a few years to be eligible for citizenship. Ask the DIMIA Citizenship folks if her time on a Special Category Visa can count. Also bear in mind the new legislation coming up, which simplifies the situation for ex-temporary visa holders and spouses of Australian citizens.
Jeremy
They are not eligible (just), confirmed it with DIMIA this morning.
It seems to be that if my wife had been in Oz on 26 February 2001 then she would have been OK for Australian citizenship but as she was not it means I will have to sponsor her for PR and then, as you say, she can apply for citizenship further down the track (if she wants to that is).
The new legislation sounds hopeful but I'm not holding my breath.
Sep 26th 2005, 10:45 am
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Posts: 34,649
Re: My wife sponsored me, now I must sponsor her!
Originally Posted by Grey Wolf
It seems to be that if my wife had been in Oz on 26 February 2001 then she would have been OK for Australian citizenship but as she was not it means I will have to sponsor her for PR and then, as you say, she can apply for citizenship further down the track (if she wants to that is).
The alternative is that you were in Australia for 365 days between 26 Feb 1999 and 26 Feb 2001.
There were other options for NZ citizens to get a Centrelink certificate stating they were resident in Australia in 2001, but these have now been closed.
The new legislation sounds hopeful but I'm not holding my breath.
Jeremy
Sep 27th 2005, 5:09 am
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Re: My wife sponsored me, now I must sponsor her!
Originally Posted by JAJ
- once PR is granted any children under 16 should immediately be able to apply for citizenship without any residence requirement (on the basis of being PRs with an Australian citizen parent).
I have been onto DIMIA again and was told this is not the case - because I was not an Australian citizen when they were born, my two children (both under 16) once granted PR, still need to reside here for two years before they can apply for citizenship.
I am not overly confident that the chap I spoke to fully understood me - his English was very poor (surprised he managed to gain citizenship) so I wondered where you obtained the information from?
Sep 27th 2005, 8:53 am
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Re: My wife sponsored me, now I must sponsor her!
Originally Posted by Grey Wolf
Jeremy,
I have been onto DIMIA again and was told this is not the case - because I was not an Australian citizen when they were born, my two children (both under 16) once granted PR, still need to reside here for two years before they can apply for citizenship.
I have been onto DIMIA again and was told this is not the case - because I was not an Australian citizen when they were born, my two children (both under 16) once granted PR, still need to reside here for two years before they can apply for citizenship.
The 2 year residence requirement does not apply to children under 16. Instead, DIMIA usually expect that the child is a permanent resident, has an Australian citizen parent (or a parent in the process of becoming Australian) and is living in Australia with that parent.
If you are an Australian citizen by grant, and have children under 16 who are only PRs, take a look at form 125:
http://www.immi.gov.au/allforms/pdf/125.pdf
Jeremy
Sep 27th 2005, 10:57 am
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Re: My wife sponsored me, now I must sponsor her!
This thread is of great interest to me as i am i NZ Citizen and am thinking of making the big move to Australia, The only way i can get my husband in is by sponsoring him on a temporary visa. We would then somehow need to get permanent residency how do we do this? I also have 2 children who are NZ citizens by descent so i really need to be sure and have loads of info before making the leap. What are the other problems you mentioned?
Sep 27th 2005, 11:01 am
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Posts: 34,649
Re: My wife sponsored me, now I must sponsor her!
Originally Posted by jayneydiddle
This thread is of great interest to me as i am i NZ Citizen and am thinking of making the big move to Australia, The only way i can get my husband in is by sponsoring him on a temporary visa. We would then somehow need to get permanent residency how do we do this?
I suggest you download and read both booklets 5 and 6:
http://www.immi.gov.au/allforms/books_migrate.htm
New Zealanders are often able to apply onshore. However your husband would need that temporary visa (subclass 461) before he leaves the UK if you want to go down this route. http://www.australia.org.uk is the place to apply, if he's a UK resident.
Be aware that the 461 visa has some significant restrictions (eg no automatic Medicare access) and long term your husband would be in a tenuous position in Australia if you were to die (or separate). This is one reason why getting PR and ultimately Australian citizenship is so important.
You should check to see if either you have any chance of qualifying for permanent residence before you decide to leave. You might prefer to go to New Zealand instead.
Jeremy
Last edited by JAJ; Sep 27th 2005 at 11:04 am.
