Becoming a permanent resident

[kiwibird27]

Okay who has actually managed to find an easy way around becoming a permanent resident here???

I am a skilled migrant married to a dutch man, with a disabled child born here, I can't apply under any of the categories cause I can't return to work because of my daughter, I also don't get any health care card or carers allowance because I'm not a permanent resident??

Is there a special kiwi PR thing that I'm missing???

[epiphany]

I may be wrong but can't you get PR simply by virtue of being a Kiwi here on Special Category Visa (which you automatically get when you come to Aussie)? I'd give Immigration a call to see what your options are.

I'm surprised you can't get carer's allowance...I always thought it was just unemployment we couldn't get if we just had an SCV & not PR.

Good luck!

[JosieJo]

Permanent Residence can definitely now only be obtained through the usual channels, what about your husband could he apply? If you really want to find out, I would go and see a reputable immigration assistance company, they will let you know if there are any loopholes you can apply through.

Also, look at this link - you could be entitled to something from NZ. http://www.facs.gov.au/internet/facsinternet.nsf/international/nz-nz.htm

Your child will be granted Australian citizenship automatically on his 10th birthday provided you are still living in Australia and then you will be entitled to assistance I believe as the caregiver of an Australian citizen.

Hope that helps some.

[Buby]

moved re:this stuff. I was told that after 104 weeks continually living in Australia you were entitled to the benefits. Thats just what I was told, Centrelink told me that-I would definately look into it further. Good luck :)

[kiwibird27]

Not true for kiwis who arrived after Feb 2001, and have a special category visa subclass 444, we are NOT permanent residents, we are special category temporary residents. Medicare and Centrelink told me the same thing till I applied and was turned down. Slowly we are also being excluded from other things too, like first home owners grant...have to b a permanent resident.

Also Megan can get disabilty support from Nz as an adult but not as my child. We get NO centrelink support at all here, only Family tax stuff.

I have taken it all the way to the federal minister for immigration who said, bad luck. My husband can't apply cause he took too much time off to care for our VERY sick baby, we have to wait ANOTHER 2 years.

[kiwibird27]

I may be wrong but can't you get PR simply by virtue of being a Kiwi here on Special Category Visa (which you automatically get when you come to Aussie)? I'd give Immigration a call to see what your options are.

I'm surprised you can't get carer's allowance...I always thought it was just unemployment we couldn't get if we just had an SCV & not PR.

Good luck!

NOPE, all kiwi's here after Feb 2001 without a special centrelink certificate are Special category temporary residents, no centrelink support at all. Never have a disabled child in this country and try and get financial help.

[epiphany]

Slowly we are also being excluded from other things too, like first home owners grant...have to b a permanent resident.

We've been here since 2005 (& are only on an SCV) & had no trouble getting the first home owners grant when we built a house last year. I wasn't aware it had changed?

[Jinglebells]

I would go and have a chat to the immigration department, some of the stuff you've been told isn't quite right

as far as I know, the only things we're not entitled to , is the dole equivilant, the parenting tax thingie (i'm not talking about the a&b) and we're not entitled to government help for study, and we can't get the retirement pention thingie

we can however get a health care card (I have one) we also can get the first home buyers grant,

I don't think there is anyway around it, unless you want to become a citizen, pay big money and join one of the forces (we found that out cause DH was going to join the army here and you can be granted citizenship faster that way)

I think your just going to have to wait it out, have another chat to centerlink, and keep pestering them, cause they have a habit of not telling you things or telling you the wrong things, so maybe ring a few times and get different people each time lol

[kiwibird27]

HCC for special needs we are not eligible for, low income we are, I have spoken to immigration many times, and have been to see a migration agent. Thing is the criteria for FHOG says, "MUST B PR" it seems to take the government departments awhile to figure out NZer's are NOT PR. I have applied with the help of my hospital social worker 4 times , ,., and spoke with the HEAD of the New Zealand section in NSWcentrelinkl
they refer me to the immigration dept who tell me because I'm not a refugee or come from a non english speaking country, then they can't help

My daughter is now a New Zealander so we could get her a passport, and we are probably going to move to Holland. Even the immigration minister who I spoke with couldn't help so see it changing here anytime soon. Would of been better for them not to allow us in in the first place, rather then being caught in limbo. It's fine here when everything is going well, Love the country, it's when things go wrong. If I found myself a single mother tomorrow, I would b totally screwed!!!

[westketeers]

You do find yourself in limbo atm. Readign your story makes me happy that I am a PR allthough becoming citizen might be on the cards at some stage. Hope it works out better for you in NL, will get back to u asap(when kids are asleep). :hugs::hugs:

[epiphany]

Thing is the criteria for FHOG says, "MUST B PR" it seems to take the government departments awhile to figure out NZer's are NOT PR.

NZers are specifically exempt from the whole PR thing when applying for the FHOG.

http://www.sro.vic.gov.au/sro/SROWebsite.nsf/rebates_fhog.htm says:


Note: A permanent resident includes the holder of a permanent visa under section 30(1) of the Migration Act 1958. New Zealand citizens holding a special category visa under section 32 of the Migration Act 1958 also satisfy this requirement.


http://www.revenuesa.sa.gov.au/fhog/home.html says:


A first home buyer who fulfils the criteria below:

* At least one of the applicants must be an Australian citizen or have permanent residency in Australia. New Zealand citizens permanently residing in Australia, who hold Special Category Visas, may also apply.

Note that the use of "permanently residing" does not mean a permanent resident - it means you mainly live here in Australia.

Each State's lodgement guide that I could find online specifically mentioned that NZers here with an SCV were eligible alongside PRs (as long as you meet all the other criteria, obviously). So whoever has told you you aren't eligible for the FHOG hasn't followed the guidelines (unless there is another criteria on the list that you don't fulfill).

I don't have any experience with the health care card but it sucks you haven't been able to get one. If your daughter is a Kiwi & isn't eligible for help from the Aussie government, is she eligible for some sort of help from NZ? The reason I ask is that happens with the pension - Kiwis get their pension from NZ because they don't get it from Australia.

[kiwibird27]

She can claim a disablilty pension form NZ when she is 18

Different in NSW, need to move to SA ?????

http://www.legislation.nsw.gov.au/viewtop/inforce/act+21+2000+FIRST+0+N/

http://www.osr.nsw.gov.au/benefits/first_home/general/eligibility/

States clearly must be citizen or permanent resident, We are not. I understand we are a PR of NSW so that entitles us to disability services. a PR for Tax purposes but NOT for immigration purposes. Different laws in different states.

[epiphany]

The eligibility requirements in NSW are the same for Kiwis as in the other States...have a look at http://www.osr.nsw.gov.au/benefits/first_home/faqs/fhogs/eligibility/...further down the page it says:


Permanent residents may be eligible to receive the grant. For the purposes of the First Home Owner Grant, a permanent resident is:

*the holder of a permanent visa as defined by the Migration Act 1958 (Cwlth), section 30(1); or
*a New Zealand citizen who is the holder of a special category visa as defined by the Migration Act 1958 (Cwlth), section 32.

Permanent residents, when submitting their application, will need to provide proof they hold a permanent visa, such as a copy of their passport showing photo identification and the page of the passport showing the valid visa.

New Zealand citizens, when submitting their application, will need to provide proof they hold a special category visa. As special category visas are electronically recorded and not stamped on the passport. New Zealand applicants will also need to provide evidence that they are residing in Australia at the time of application.

Hope this helps.

Shame you daughter can't get a disability pension earlier. Could you maybe apply for a Carer Adjustment Payment (http://www.centrelink.gov.au/internet/internet.nsf/payments/cap.htm)...it doesn't specifically say you have to be a PR & finding out your daughter has special needs would be classed as a catastrophic event.

Can you apply for the low income HCC? Eligibility for the low-income HCC is not effected by the changes to the status of NZers with a SCV - SCV holder are still eligible to apply, as long as they meet the other requirements (see this page (http://www.centrelink.gov.au/internet/internet.nsf/factors/nz_policy.htm) about halfway down the page where it lists benefits that aren't effected). The ex carer (child) HCC is for people who were previously receiving a carer's allowance (which is subject to the new changes, so SCV holders can't get it).

Carer's Australia (www.carersaustralia.com.au) may also be able to give you some good advice or put you in touch with services in the community that can help. There must be something out there to help others in the same situation!

[kiwibird27]

Thanks for that, the carers adjustment is for people who are eligible for the carers allowance, and we aren't due to residency requirements. Low income HCC would b great but u have to earn under $700 a week, and we just miss out.... the biggest issue is if ANYTHING happened to DH, we get NO help, I would have to return to work asap, and DD would need to move into hospital....we just have no support back up here, would of been easier to refuse us entry in the first place, many kiwi's don't realise about the changes though until something catastrophic happens!!!

[mummy79]

Hi Kiwibird,

I just thought i'd let u know that your not alone!

I moved here 5yrs ago from NZ with my 'then' partner. My son was born IN australia 4yrs ago and is severely disabled. My partner left me because he couldn't handle it. So I had to take care of him and my other older son by myself (3yrs ago). It was then that I found out that I wasn't entitiled to any help. I was so upset and angry when I found out as I didn't understand why, if my son was born here I was declined any help at all? Turns out if I arrived 2yrs earlier I would have received everything.

Long story short I worked 3 jobs to keep the $ coming in, my poor son who's health was getting worse and worse (1000 seizures a day, cerebral palsy, autism, Global developmental delay, vision impairment..the list goes on and on) was in daycare 5 days a week. I was lucky enough to meet a wonderful man who helped me emotionally get through the other side and we got married last year - which helped me financially as we went halves in all bills. What a relief that was to me. I still work 20-30 (sometimes 40) hours a week as I have to, but compaired to 2-3yrs ago, we're doing a lot better. It would help however if I was receiving a pension - would mean I wouldn't have to work and I could concentrate on my son and getting him well.

Even though my husband is a citizen we still can't get permanent residency due to my son's disabilities. I have to wait till he's ten before we receive anything as he automatically beomes a citizen on his tenth birthday.

I'm over it now. I was very upset that the governent wouldn't help and NZ didn't even bat an eyelid.
I wrote letters gallore. To everyone possible. Saw local PM's - u name it, I've done it.

If the government won't even help a kid that's born here because his parents weren't born here, then you probably have to realise things won't get better for you anytime soon. Sux I know.

I have realised it's a charater building lesson and I haven't let it get the best of me. I really hate being away from my son, sometimes I feel very guilty. But what can u do???

take care