Mrs Kiwi

Hi guys

just thought I'd ask for your experiences/opinions.

My hubbie is an NZ citizen, I am a Pom. I am here in Oz on a 461 temporary visa on the basis of being the spouse of a Kiwi.

While the visa is fine and allows me to work, in the long term I need to switch to permanent residency to secure our future here in Oz. (Don't want to live in fear that they will one day pull the plug on my temporary visa. In theory I can renew it every 5 years but permanent residency is clearly preferable.)

Anyway, to obtain permanent residency I need to go through the normal points system, same as everyone else.

As an alternative, is it possible for my NZ hubby to obtain Oz citizenship then I can apply for permanent residency on the basis of being the spouse of an Ozzie.

Is there any mimimum qualifying periods that my hubby would need to have resided in Oz for in order to get Oz citizenship?

Thanks
Kelly

Dorothy

http://www.immi.gov.au/allforms/trav...ew-zealand.htm

http://www.immi.gov.au/media/fact-sheets/17nz.htm

http://www.immi.gov.au/allforms/pdf/1290.pdf

Bermudashorts

Neither of you have any automatic path to Australian citizenship. If you would like to stay, and I think you are right to be looking into this, then you just need to start looking into the options, skilled migrant visa etc the same as the rest of us. Particularly in your shoes, I would not want to be on a 461 visa.

Mrs Kiwi

Thanks for the links Dorothy, will check those out now.
Thanks for the advice Bermuda Shorts, yes, I'm keen to get off the 461 and on to PR asap. Would love a short cut but thats not always possible and fair enough too.

JAJ

"Normal points system" is one way. The other way is employer nomination.

Either you or your husband can be the main applicant and if you have worked for 2 years in an eligible occupation on a 461 or 444 visa, you may not need to do a skill assessment for ENS. Also look at RSMS.

Bear in mind that if you avail of tax concessions on overseas income available to temporary residents, you lose these once you become PR.

Mrs Kiwi

Thanks JAJ, that all sounds very promising. Appreciate the advice.

Watt Dabney

Hi JAJ

I was very interested in your statement 'may not need to do a skill assessment for ENS'.

My husband could apply for ENS but as he turns 45 in June is very put off by the skill assessment as he has basic quals in his area of expertise (mechanical engineering draftsman) but most of his skill is experience based. Having done a skill assessment for NZ he is wary of the reams of paperwork and the time frame we have and wonders if it is really worth all the hassel when we can stay as Kiwis.

In what circumstance would you not need a skill asssessment and if he does need one are they a huge paperwork nightmare?

Thanks

Paula

Dorothy

If he's already done the skills assessment for NZ does he not still have all the paperwork? I know when we did my husband's skills assessment I made 3 certified copies of the application for our files (and in case the original application went walkabout).

JAJ

Have you read booklet 5?

If you are NZ citizens with 444 visas and he has worked for over 2 years in an occupation on the ENS-SOL (including 12 months for the sponsoring employer) then DIAC will waive the skill assessment requirement for ENS. Still need to show the work is at a "skilled" level, however.

Watt Dabney

This is very interesting........ what kind of evidence do they require to know the work is skilled......I mean he works for a very high profile engineering company designing race cars.........to me that seems proof enough but I know what a fickle animal the immigration dept is.


Thanks JAJ youre a star xxx

JAJ

Could be anything, probably ... pay level, employment contract, work references, any formal qualifications, NZ skill assessment, and so on.

You would be well advised to seek professional assistance from an agent experienced in ENS (not all are) if you want to get things moving with time to spare before June.

Jen28

Hi there. I'm in a similar situation in that I want to relocate to Oz with my NZ partner (non eligible NZ citizen). We're keen to get into the country asap and stay with family or friends whilst looking for full time work. If I go in on a 461 and find a job, can I work in that job for a year or so then ask them to nominate me or do I have to get them to nominate the position before I start working with them? It's catch 22 - hard to get a job in Oz from the UK but can't get a secure visa without a job!!

Or do you think it would be better to enter on a one year working visa (I'm 28 and haven't applied for one before) and seek work that will sponsor me? I'm worried that this way I can't work for longer than 3 months until the sponsored visa has been arranged...

I don't think I would qualify on the points / skilled worker migration as my job is reasonably obscure and doesn't fit into the current list. (I advise pension schemes on their investments).

Any help would be appreciated as I don't want to get tied into a 461 if I can't become permanent in the long run.

Watt Dabney

Well our situation just gets more complicated (our own doing by the way!!!).

Hubbby has just changed jobs.....so no ENS for him for a yr, and he turns 45 in a couple of months.

My job is a new graduate position and is temporary for 12mths (just got an Au nursing degree), and this will count as my 1st yr of work experience. So based on a quick look at the state sponsered rules me out (need 5yrs exp and a permanent job).

On top of that the upcoming changes and everytime I look something seems to change on eligibilty.

So we think the best plan is wait 1yr (hubby will have been in his job 1yr by then and I hope to have secured a permanent position). Then find ourselves a red hot agent and lay our cards on the table to see whats best.


Anyone got any better ideas??? Or know a red hot agent in Brissy????



Thanx


Paula