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special catergory visa

special catergory visa

Old Nov 22nd 2006, 11:48 am
  #1  
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Default special catergory visa

Hi, Im a british passport holder who has been married to a new zealand citizen for 14 yrs of which we have resided in the UK.

We met in Australia in the late 80's. We have 3 kids who all hold both passports.

We were considering moving to Australia. Hubby and kids with kiwi passports no probs.

Ive hit a wall.

Apparently my husband needs to be an eligible kiwi, meaning that he needs to hold a special catergory visa, or have lived in oz for a couple of years prior to 2001. We were there 1988/89, to long ago.

On contact Australian immigration they suggested i apply for the new zealand relationship visa, but on looking up their link it takes us back to the special category visa.

It just seems bizarre that my hubby and kids can emigrate to oz, but not me.
I have no problems moving to NZ, just liked the idea of giving Brisbane ago.

In the event we ever make it. Does anyone know of any down sides to being a new zealand citizen in Australia. Im assuming you cant claim benefit, and have to pay for the kids higher education.

My children also have new zealand citizenship by descent. Meaning they have to live in nz for 3 years inorder to upgrade their citzenship so their kids qualify. If my children remain in Australia indefinelty can they become Australian citizens?

Sorry, so many questions

Many thanks for any wisdom

Jayne
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Old Nov 22nd 2006, 1:35 pm
  #2  
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Default Re: special catergory visa

Originally Posted by jayne333
Hi, Im a british passport holder who has been married to a new zealand citizen for 14 yrs of which we have resided in the UK.

We met in Australia in the late 80's. We have 3 kids who all hold both passports.

We were considering moving to Australia. Hubby and kids with kiwi passports no probs.

Ive hit a wall.

Apparently my husband needs to be an eligible kiwi, meaning that he needs to hold a special catergory visa, or have lived in oz for a couple of years prior to 2001. We were there 1988/89, to long ago.

On contact Australian immigration they suggested i apply for the new zealand relationship visa, but on looking up their link it takes us back to the special category visa.

It just seems bizarre that my hubby and kids can emigrate to oz, but not me.
I have no problems moving to NZ, just liked the idea of giving Brisbane ago.

In the event we ever make it. Does anyone know of any down sides to being a new zealand citizen in Australia. Im assuming you cant claim benefit, and have to pay for the kids higher education.

My children also have new zealand citizenship by descent. Meaning they have to live in nz for 3 years inorder to upgrade their citzenship so their kids qualify. If my children remain in Australia indefinelty can they become Australian citizens?

Sorry, so many questions

Many thanks for any wisdom

Jayne
Hi Jayne,

I'm not sure, but sounds similar to Buzzy--bee's visa. He is not on line much this week cos he's visiting Aus, but I've sent him the link.
Meanwhile do a search for posts by him and you might find some useful info.
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Old Nov 22nd 2006, 6:05 pm
  #3  
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Default Re: special catergory visa

Originally Posted by Pollyana
Hi Jayne,

I'm not sure, but sounds similar to Buzzy--bee's visa. He is not on line much this week cos he's visiting Aus, but I've sent him the link.
Meanwhile do a search for posts by him and you might find some useful info.

Hi Pollyana

Thanks for the reply, I'll look up Buzzy bee.

Many thanks


Jayne
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Old Nov 22nd 2006, 10:28 pm
  #4  
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Default Re: special catergory visa

Originally Posted by jayne333
Hi, Im a british passport holder who has been married to a new zealand citizen for 14 yrs of which we have resided in the UK.

We met in Australia in the late 80's. We have 3 kids who all hold both passports.

We were considering moving to Australia. Hubby and kids with kiwi passports no probs.

Ive hit a wall.

Apparently my husband needs to be an eligible kiwi, meaning that he needs to hold a special catergory visa, or have lived in oz for a couple of years prior to 2001. We were there 1988/89, to long ago.

On contact Australian immigration they suggested i apply for the new zealand relationship visa, but on looking up their link it takes us back to the special category visa.

It just seems bizarre that my hubby and kids can emigrate to oz, but not me.
I have no problems moving to NZ, just liked the idea of giving Brisbane ago.
You can live in Australia but only on a temporary visa. You have no automatic access to permanent residence. Neither have your husband or children.

What kind of skill profile do you or your husband have? If you have a chance of getting permanent residence under normal rules (usually general skilled or employer nominated), then by all means take a look at Australia.

Otherwise you might be advised to look harder at New Zealand.

Automatic permanent residence for New Zealanders was ended in 2001 by Australia.



In the event we ever make it. Does anyone know of any down sides to being a new zealand citizen in Australia. Im assuming you cant claim benefit, and have to pay for the kids higher education.
Can't vote, can't ever claim benefits. Higher education is at domestic rates but no access to fee discount/deferral schemes. Children can be deported if they get into trouble with the law (not unknown for teenagers).

No ability to sponsor relatives (eg spouses) for permanent residence.

Your situation on the temporary New Zealand family visa is even worse. All of the above plus limited access to Medicare. Plus the fact that should your NZ husband ever die or you split up, your long term situation in Australia would be quite tenuous


My children also have new zealand citizenship by descent. Meaning they have to live in nz for 3 years inorder to upgrade their citzenship so their kids qualify.
If they are under 16 they should be able to "upgrade" their citizenship to full NZ citizenship once they are clearly settled in New Zealand. The residence requirement does not apply to those under 16.

If they are aged 16 or over, it's a 5 year residence period now.

Contact the NZ Citizenship Office for more details: http://www.citizenship.govt.nz

If my children remain in Australia indefinelty can they become Australian citizens?
No, sorry. Under current law they can never become Australian citizens unless they first meet Australia's requirements for permanent residence.

Not only that, any children born to them (ie your grandchildren) would not be Australian citizens either unless they got citizenship from the other parent or lived in Australia until age 10.

And they can't "upgrade" their NZ citizenship by living in Australia, either.
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Old Nov 23rd 2006, 8:13 am
  #5  
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Smile Re: special catergory visa

Jayne

PMd you.



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