Mrs Kiwi 2

Hey guys
My kiwi hubby and I have been living in Oz for 13 years and because I’m lazy and hate paperwork I’ve remained on a 461 temporary visa the whole time, which I’m still on.

We finally decided we need to sort out permanent status here so hubby applied for and has just been granted a subclass 155 resident return visa which is great news!

However I’m a little confused about our next step: now he is a permanent resident does he apply for me to become a permanent resident -and if so what is the visa subclass please - or is it best for him to become an Australian citizen first and then sponsor me for permanent residency?
Sorry - I have tried to research this but keep reading different things

Alan Collett

I'm confused, as if you have a 461 visa I anticipate that your husband is a NZ citizen who was in Australia on a 444 Special Category visa.

=> I'm not sure why a 155 resident return visa was granted to him.

Are you sure it isn't a subclass 189 visa granted under the NZ stream? https://immi.homeaffairs.gov.au/visa...89/new-zealand

Best regards.

Mrs Kiwi 2

Hey Alan
Thanks for your reply. I’m definitely on a 461, 5 year temporary visa, I only have reciprocal Medicare.

Yep hubby is a NZ citizen and was on a 444 but he was entitled to an RRV as he was previously in Australia in the 90’s before the 444 was introduced.

We went for RRV for him as that makes him a permanent resident able to sponsor me and he can’t sponsor me while he’s on a 444 as it’s a temporary visa.
Looks like we need to go for an 801/820 next I think

Alan Collett

https://immi.homeaffairs.gov.au/ente...s/entitlements

Was your husband a protected SCV holder and therefore able to sponsor you for a partner visa, rather than you applying for a 461 visa?

Best regards.

Mrs Kiwi 2

Hey Alan, no hubby has definitely been on a 444 since we arrived in 2009 and I have definitely been on a 461.
I could stay on a 461 forever even if he dies apparently but due to only having reciprocal Medicare and no access to state pension it is time to become a permanent resident then a citizen, hence we used the RRV rules to make him permanent as he had previously visited Oz before the Feb 2001deadline for protected visa holders.

Mrs Kiwi 2

RRV is the route some Kiwis have to go I believe (from friends who were in the same situation) when they are not eligible for 189 due to being below the taxable income required. Hubby has had cancer and been off work therefore not eligible for 189, only option left is RRV and he was only eligible for that due to having visited Oz before Feb 2001

hope that makes sense

Alan Collett

OK - thanks for clarifying.

Best regards.

bjddavies

I am a dual UK NZ citizen and went the 189 NZ stream route as I was previously on a 444 and wife on a 461 visa. Managed to get my wife's younger daughter now aged 17 and our son now aged 7 (born in Oz) on the same 189 application.

We got the Aus citizenship on Australia Day this year. Hurragh!

Timeline.
2007 - I got my 444 after arriving in Oz on a NZ passport
2013 - Married my wife in NZ (Oz immigration would not even give her a visitor visa to allow here to come here). Wife stayed in NZ until she got her 461 after lots of foot dragging by the immigration department which required to the intervention of our local Federal MP to get them to begin processing.
2016 - Applied for 189 visa for all of us.
2020 - 189 granted for all except my wife's older daughter now aged 23 (considered too old to be a dependent) after the medicals had expired twice. I suspect they waited until the older daughter was aged over 18 before they processed the application.
2023 - Myself and my son got Aus citizenship. Wife's application was granted a few months later. Wife's older daughter still gets refused even a visitor visa for Australia.