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Thread: visa 461 for Australia

  1. #1
    Join Date
    Jun 2013
    Location
    england
    Posts
    1

    Default visa 461 for Australia

    Hi

    I wonder if anyone could offer any advise.

    My partner is kiwi living in Australia, he moved over in 2003 and so just missed the deadline to apply for PR.

    Im English and we met in Australia, my working holiday visa ended and so I made the move to NZ so as we can still fly backwards and forwards to one another.

    We plan to marry and my immigration officer suggested the 461 visa but as we have spent time apart and due me having to leave or face deportation from Australia we dont have a rental agreement in both our names although we both have post to our Perth address.

    Is the best option as my advisor suggests...to move over and apply for a 461 and if it gets rejected argue it until our rental contract is valid??

    It all seems a bit risky.

    Thank you

  2. #2
    Join Date
    Feb 2008
    Posts
    37,853

    Default

    With everything to do with visa applications, especially partnership ones, it ALWAYS feels risky. It's just being human, to wish you could look six months ahead and SEE that everything all fell into place, worked out all right, and you had been able to do everything you want to do. But the reality is, we can't control the world like that, but instead, have to take each step in order, and WAIT. Every response will only come in due time.

    About the 461 visa, that looks like a very sensible suggestion, and your situation seems to fit it exactly. If you have looked around the website here, you will have seen old threads about the evidence needed to prove live-in partnership. Having your name on the rental agreement is only one POSSIBILITY, not obligatory at all - there are plenty of couples with a 30-year relationship who don't have their home in both their names, whether it's rented or owned.

    I don't have an opinion about whether you should move to Australia yet, as yours is the first query I've seen on an NZ-related Australian visa. The most important thing is to research for yourself with Australian immigration to make absolutely CERTAIN that whatever you do is legal. The regulations for this visa look as though they will give you access to a legal way to be together, but experience shows that it doesn't work to try to force matters through - certainly, with NZ immigration, ever having caught previously with a visa infringement in any country instantly makes things 10 times more difficult.

    I hope things will work out for you. Please come back and let us know - you may be being a trail-blazer here.

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