jobie1

HI there

I have been in Oz on a 461 for 2.5 years now, in this time i have married my partner who is an eligible NZ citizen and we have recently found out that i am pregnant! When I arrived back in Oz 2.5 years ago, I went into the immigration office to discuss PR options. I was advised that if my partner got his Australian citizenship and i then had a baby with him, I would automatically ger PR so we decided not to apply for another visa as we knew we would be wanting to start a family within the 5 years of the visa.

So my partner getting citizenship is not a problem..has anyone been in the same situation, I just want to make sure that i will be covered financially when the baby is born (ie governent paid maternity leave etc).

Bermudashorts

I am not really sure I understand your thinking of visa options. Nobody automatically gets PR and you are not going to just because you have a baby with an "eligible NZ citizen". To get PR you would need to apply for a visa that provides PR.

Is your OH able to sponsor you in Australia, I am not sure if that is what eligible NZ citizen means? If he is able to sponsor and you are a defacto (living together) couple then you could apply for a partner visa. Youl would get a permanent visa straight away if you have been living together for >3 years or if you have been living together > 2years and have a child. Otherwise you would get the temporary visa first.

On a 461 visa you would not get any government benefits, but if you are working you would presumably be entitled to the same maternity benefits as everyone else in your company.

jobie1

I have been living with my partner for almost 6 years, we were married this year. He can apply for citizenship as he is eligible. I was advised that I would be able to get Pr if he got his citizenship.

Bermudashorts

I didn't say you couldn't. I said it was not automatic you would need to apply for a visa. Until you do you will be on the 461 visa and thus not entitled to government benefits and only reciprocal health care unless you have private cover.

Edit: I agree with BB, you should look to get your visas sorted out before the baby is born.

Buzzy--Bee

Why are you on a 461 visa if your partner is an elegible NZ citizen? You should both be on permanent residency visas.

Your partner cannot apply for citizenship until he has been a permanent resident for at least 1 year, and lived in Australia for 3 years before that, making 4 years living in Australia in total, at least one year of which he MUST have been a permanent resident.

I reckon that on a temporary visa TR444, which it sounds like your partner is actually on, the baby will be elegible for family assistance etc but I don't think on a TR461 you will get anything.

I think you should apply for PR now before the baby is born if your partner is elegible for it.

BB

jobie1

My hubby has lived in Australia since 1996, he came over to the uk with me for 2 years in 2006, i applied for the 461 originally as it was the qucikest option to get back to Oz. We went to immigration when we arrived in Oz to discuss me applying for permanent residency as we planned to get married and start a family. We were advised that once my partner had been back in Oz for 12 months he could sit his citizenship test. I would then be able to get PR if we had a baby. So basically we were told to wait until we had a baby until i get PR.

Bermudashorts

With your OH leaving the country for 2 years, he effectively restarted the clock for citizenship residency requirements as it needs to be 3 in last 4 years. So he should be eligible approximately 3 years from the date he returned to Australia. So if you got back 2.5 years ago he can probably apply in six months time.

However if he is an eligible NZ citizen then doesn't that mean he can sponsor you for PR now? If so, then he should do that he doens't need to wait until he is an Australian citizen.

One thing you seem to be misunderstanding still is that your visa status is not going to change by itself no matter what happens to his. To get PR you need to apply for a PR visa. You WILL NOT get PR just because you have a baby or because your OH becomes a citizen. Again I am not saying that you will not qualify for a PR visa, I am saying that it is not automatic.

The advice you have received is not very good. Immigration offices are not the place to receive advice, they are there to enforce the regulations not advise people, although unfortunately sometimes they try.

Pollyana

If your partner gets citizenship or PR then he can sponsor you for a Spouse Visa. Due to the time you have been together you would get PR without having to do the 2 year temp visa first.

http://www.immi.gov.au/allforms/booklets/books1.htm

Thats almost certainly what DIAC are saying to you but they haven't made the process very clear!

Bermudashorts

I believe he can sponsor now as an eligible NZ citizen. I looked it up and also referred back to OPs threads from 3 years ago when JAJ and Alan Collett confimed this and recommended that above 461 visa.

Pollyana

Yep if he's an eligible NZ citizen he can, thats one reason why I can't understand the OP being on a 461.

Bermudashorts

No me neither, especially when I read the advice given three years ago!

moneypenny20

I think you misunderstood the advice. If he had applied for citizenship 12 months after arrival, and given the length of your relationship (I'm ignoring the NZ bit for the moment), you could have applied for the Spouse Visa then and would have gone straight to PR. From what you've said above you weren't told to wait until having a baby. If you were told that, you were wrongly advised.

JAJ

Before 27 March 2010, you had to be together for 5 years to get immediate PR from a Spouse Visa, unless you had a child, when it was 2 years.

Since March 2010, it's been 3 years together for immediate PR for spouses (still 2 years for those with children).

So the above posters are correct - best option is to apply for PR now as the spouse of an eligible NZ citizen (assuming he really is "eligible" - has he got the relevant certificate?).

Doing a medical for PR may cause issues while pregnant, but ask the doctors. Some doctors don't see an issue with doing an X-ray while pregnant, especially a chest x-ray, if shielding is used.

Baby, once born, will be an Australian citizen if one parent is an eligible NZ citizen. However, the only acceptable proof of citizenship will be a citizenship certificate - use form 119 and pay A$60 to get one.

dance123

My query is related to the quoted post only.

Lets say, I leave the country for 3 months for visit/pleasure, come back and start working again. Does that mean, in all, I have to be here for 4 years with at least a year as a permanent resident? or do I have to be here for 4 years continuously before going for citizenship?

Buzzy--Bee

In this scenario you would be OK. You are allowed to leave the country for brief periods.

You must:

* have been living in Australia on a valid Australian visa for four years immediately before applying which must include the last 12 months as a permanent resident, and
* not have been absent from Australia for more than one year in total, in the 4 year period, including no more than 90 days in the year before applying.

BB