Originally Posted by JAJ

Not a good visa long term.
http://britishexpats.com/wiki/461_visa

Is there any plan to get permanent residence?

Also, is your son not a New Zealand citizen?

Originally Posted by marriedtheenglish

It's our only option as he doesn't qualify under the points system unfortunately.
Not a great plan to get PR at the moment as we can always re-apply for the visa.

Originally Posted by JAJ

Living long term in Australia on a temporary visa is not a good life option. It leaves your spouse and your son in a vulnerable position should you die or you break up. (you can renew the visa but there are restrictions).

There are also costs you may not have fully understood - including healthcare and when your son is older, tertiary fees for education.

Do either of you have the skill/occupation base to get PR through employer nomination?

And there is no such thing as "only option" - you, for example, do have the option to go to NZ instead. Where at least they will enjoy permanent resident rights with the potential to become citizens.



Were you born (or naturalised) in New Zealand? If so, have you not looked at getting your son New Zealand citizenship by descent?

Originally Posted by marriedtheenglish

I was born in NZ and spent the first 18 years of my life there

Originally Posted by JAJ

In that case - are you also a British citizen? If not, you should get your own British citizenship before you leave.


I am not a british Citizen but have indefinite leave to stay here - what is the advantage of becoming a British Citizen? I see none because it won't help me get PR in Australia?

It would be much better to get his NZ citizenship certificate and NZ passport now. Make sure you read and understand that he's not able to pass on NZ citizenship any further:
http://britishexpats.com/wiki/New_Ze...hip_by_Descent

What is the advantage of getting it now over a couple of years or so? He's only 2 at the moment!

Also make sure you understand that long term, not having access to PR/citizenship may well cause him problems:
http://britishexpats.com/wiki/New_Ze...s_in_Australia

Thanks for the link - will have a look!


Think about more than just the weather.

Being in Australia long term without access to PR/citizenship is not such a great deal and for your husband, being stuck on the 461 visa is even worse for him (and with no access to NZ).

Having a degree won't give him automatic access to PR but it will be much harder without it. He should finish his degree before you move.

Originally Posted by marriedtheenglish

If I can get him NZ citizenship eventually it should be fine? I really don't see what the big deal is about being on the 461 for either my husband or child. It's 5 years, which is quite a long time, at which time we can renew it. It allows him to work and live, and we can get medical insurance so I really don't see the disadvantages? Maybe I haven't thought it through properly, but if you can tell me the other disadvantages and give me more info I might understand why you are so against it.

He doesnt have time to finish his degree - it will be another year and we don't want to wait that long.

I think what will be will be. There is always NZ for us to go to - something will work out!!

Originally Posted by Bermudashorts

Jeez talk about me me me. Do you have any idea how you are coming across.

Your husband wants to finish his degree, on the other hand Australia is going nowhere, why not just wait and let him do it. I would have been gutted to get two thirds of the way through a degree only to abandon it and I think many people would be.

You have mis-understood me. He has finished his degree (years ago). But he hasn't qualified as a teacher, which is what we were going to stay here for - but he didn't get into any of the coursese we applied for, so there is no point staying now. I was more than happy to wait if that meant him getting in - by all means that was the ideal situation for all of us - but it was not to be. So there is no point hanging around now.

The 461 visa is not great for your husband because it is temporary and if the relationship flounders but he wants to stay in Australia then he either has to remain single for the rest of his life or find another visa .... something his unfinshed degree may make impossible for him.

The relationship won't flounder. We have been together forever and are pretty secure - thanks for your concern!

It is all very well you saying what will be will be, it isn't you giving up something you have worked hard for and it isn't you that will be in a precarious visa situation is it?

Originally Posted by marriedtheenglish

If I can get him NZ citizenship eventually it should be fine? I really don't see what the big deal is about being on the 461 for either my husband or child. It's 5 years, which is quite a long time, at which time we can renew it. It allows him to work and live, and we can get medical insurance so I really don't see the disadvantages? Maybe I haven't thought it through properly, but if you can tell me the other disadvantages and give me more info I might understand why you are so against it.

He doesnt have time to finish his degree - it will be another year and we don't want to wait that long.

I think what will be will be. There is always NZ for us to go to - something will work out!!

Originally Posted by Pollyana

The thing is that many of us have spent time here on temporary visas - in my case nearly three years - and it does get to you after a while, not being eligible for various things which PR and citizens take for granted. Have a look at the link JAJ gave you (the second Wiki one) and that will give you an idea of the disadvantages. In my case I was on a Spouse Visa which led to PR, but on a 461 there is no pathway to PR. You have no legal right to live permanently in Australia and there is always a faint chance that the rules may change and you may not be able to renew the visa. As long as you are happy with that and your family understand the situation, then thats OK, but many 461 holders only discover the pitfalls when its too late. Not trying to put you off, just want you to be aware of the some of the problems that may lie ahead

Originally Posted by marriedtheenglish

Thanks (and for not judging) - we really want to live in Australia and think that at the moment this is the best option. We really want to get PR so once we are in Aus, and we are sorted with jobs etc, we will look into getting hubby sorted with his PGCE teaching year and then hopefully we can get him PR. There is always NZ as an option too.

Anything that gets us out of the UK has to be good, even if it is temporary. Not sure where you are from, but living here for 12 years has certainly taken its toll, and hubby, being from here has had enough of it.

I know it might not be ideal, but living here is far from ideal also so we have to do what we think is best at the moment.

Thanks

Originally Posted by Pollyana

A long-term plan hopefully leading to PR like that is definitely a good idea; many 461 holders just don't have any chance of ever getting PR so it looks like you could be luckier than the majority. Keep an eye on changes to the skills visa, and on what subjects are most in demand for teachers and you may make it in the end.
I'm sure you realise that Aus has most of the problems that the UK has - personally after 8 years here the only time I feel alive is when I go back home, and if I could get work in my field I'd go back like a shot!! but each to their own - if we all liked living in the same place life would get very boring!

Originally Posted by marriedtheenglish

And it is all about my family, nothing to do with me me me! I am a very unselfish person and am trying to do the best for my family. Thanks for your opinion but I am after visa help, rather than your personal opionion about how selfish I am being!