Question of the Week
Playing telephone tennis with the Department – a New Zealand citizen applying for Australian citizenship
Category: Citizenships
Question asked
I've been playing telephone tennis with the Department and getting nowhere. Really don't know how to proceed or even if I can.
My partner and I were originally sponsored to come to Australia by the ADF. The morning we left NZ we got a call from the Australian consulate to say that I had to get written proof from the high school I left in 1979, that I speak english well enough to get the required visa. I was given an hour to do this or take my name off the application and my partner could then have his visa which he needed to swear allegiance as he had to do so before we left NZ. Since being here I have earned a university degree which I paid cash up front for. But now cannot get full time work as employers only seem to want casual. I meet all of the criteria for the 189 visa except the earnings threashold. I am at a loss as to what to do next.
Please can you give me any advice on this. Thank you.
PS would it make any difference if my partner and I were married.
A.
Answer provided by Migration Agent
Dear A.,
NEW ZEALAND CITIZEN’S PROSPECT OF BECOMING AUSTRALIAN CITIZEN
Thank you for discussing your visa situation with me earlier today. Summary: You and your husband were sponsored by Australian Defence Force in 2003. Both of you were New Zealand Citizen. However, before leaving New Zealand, the consulate requested an unattainable request from you to provide your school certificate from 1979. Nonetheless you came to Australia on a subclass 444 visa from New Zealand. Your husband is now an Australian Citizen however you are still on a subclass 444 visa. Roughly 2 to 3 years ago, you applied for Skilled Independent visa (subclass 189) New Zealand stream. However, your visa was refused because you did not meet 5-yearincome threshold of that visa.
You now wish to explore your visa options to become a Permanent Resident which will lead to Australian Citizenship. Our Advice: As discussed earlier today, generally for specifically New Zealand citizens to become Australian Permanent Resident, there are two different pathways.
1. If you came to Australia before 2001; OR
2. If you came to Australia before 2016, have been living in Australia for at least 5 and have had at least a full-time job in the last 5 years with a salary of $53,500 or above (subclass 189 –New Zealand Citizenstream)
Unfortunately, you do not meet either of the above criteria given your situation. You will therefore have to apply for a visa without receiving any concessions for being a New Zealand Citizen.
You can consider subclass 189 visa –points tested stream however as discussed earlier, you will need to achieve 65 points or above to be eligible for this visa. I have enclosed a points calculator in this letter (last page) for you understand whether you will be eligible to apply for that pathway or not. You may also consider for subclass 190 – skilled nominated visa. Again, this is a points-based visa stream as well, however in this visa, you will receive a letter of invitation from state you wish to apply for (eg; NSW, WA, QLD etc).
Your only other option is for you to apply for a partner visa application because your partner is an Australian Citizen. However, as noted the cost of applying for partner visa application is $7,715. This does not include any legal fees. I hope the above clarifies your current situation.
If you need further services from myself or a registered migration agent, please contact Amy at amy.jacobson@ask-an-agent.com.au - and don’t forget to mention your Question ID so that I can keep providing immigration services to you.
Your Migration Agent
Connect with Migration Agents and Immigration Lawyers
75 Agents and Lawyers are currently online. View profiles and compare ratings before hiring your migration agent.
Ask-An-Agent is the trusted online marketplace connecting consumers and businesses with migration agents and immigration lawyers.
It's never been easier.
Or search the Immigration Blog for the latest updates
What is the difference between choosing Ask-An-Agent over Facebook Groups or other Forums?
Facebook Groups, Blogs and Forums are a great place for meeting people although they’re still the online equivalent of an anonymous village pub.
Answers on Facebook Groups, Blogs and Forums
- are provided by complete strangers you may not know.
- locked in time and may be outdated.
- may not fit your unique set of circumstances.
Information provided by unqualified strangers is unreliable. Trusting it may be harmful to you.
It is your future and we believe you deserve qualified and affordable legal advice before preparing your visa application and spending your dollars.
Know that we have got your back
You get qualified legal answers online, 24 hours a day and 7 days a week.
Ask your questions online from the comfort of your home. A migration agent or immigration lawyer will provide a qualified and reliable answer in writing and by email to your inbox.
Get the Ask-An-Agent app
It is fast, easy and free!
The Ask-An-Agent community
Ask-An-Agent community members are celebrating the best migration agents, immigration advisors and immigration lawyers.
Congratulations to all the 2022 Immigration Choice Awards winners.
Immigration Choice Awards 2022
Meet your Migration Agents and Immigration Lawyers
Quick Links:
Or meet with an Agent near you: Find Migration Agents near me
Promotion from our Partner
