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sub class 461 question

sub class 461 question

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Old May 2nd 2005, 8:30 am
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Cool sub class 461 question

I am on a defacto temporary resident visa (a sub class 461) with a nz citizen which allows me to stay in Australia for 5 years. The visa was granted in the UK.

I have 2 main questions.

1-After how long would I be eligable to apply for permanent residency? How would I go about applying for this?

2-What would happen if the worse ever happened and the relationship were to end? would i be kicked out of Aus or can you stay on for the duration of the visa anyway? could you still apply for permanent residency without your defacto partner?

Would be grateful for any advice.
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Old May 2nd 2005, 10:52 am
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Default Re: sub class 461 question

Originally Posted by guywilkinson
I am on a defacto temporary resident visa (a sub class 461) with a nz citizen which allows me to stay in Australia for 5 years. The visa was granted in the UK.

I have 2 main questions.

1-After how long would I be eligable to apply for permanent residency? How would I go about applying for this?
There is *no* automatic route to PR for a 461 holder.

Unless you or your partner can get a PR visa through the normal route (eg employer nomination, or general skilled), you will never get PR.

2-What would happen if the worse ever happened and the relationship were to end? would i be kicked out of Aus or can you stay on for the duration of the visa anyway? could you still apply for permanent residency without your defacto partner?

Would be grateful for any advice.
'Relationship ending' includes what happens if your NZ partner was to die.

You can't apply for permanent residency, except as outlined above. Nor could you go to New Zealand.

You can renew the 461 (following the end of the relationship) provided:
- you stay living in Australia (there is a 2/5 year residence requirement, as far as I recall); and
- you do *not* become part of another family unit. If you do, and your new partner was unable to sponsor you for a new visa, you would have to leave Australia.

Jeremy
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