Scottish Boy

I have been perusing various websites, forums etc and I'm still unsure/confused as to whether I am eligible to apply for and would be granted a Subclass 461 visa. My circumstances are as follows:

I am a UK citizen currently in Australia on a working holiday visa which expires in July 2008.

My fiance is a New Zealander and we met in London just over 2.5 years ago and have lived together for just under 2 years, we have evidence to support this, leases etc.

We have booked our wedding and paid deposit etc for January 2009 (not sure if this is of any relevance)

She is not an eligible New Zealand citizen.

Could I get a Subclass 461 visa on a de-facto basis or would this not be possible until we are married?

Any help/assistance would be gratefully appreciated as I appear to be going round in circles at the moment.

LIANA J ALLAN

Hi
I am happy to offer free advice.
Liana

JAJ

De-facto relationship is normally acceptable if you can show 12 months cohabitation.

However if you want a long term future in Australia you need to think beyond the 461 visa and in terms of a permanent visa strategy:
http://britishexpats.com/wiki/461_visa

Being a fiance does not in itself qualify you for the 461.

Buzzy--Bee

Yes you sound like you should be able to get a 461 if you can prove the de facto relationship. That is the visa I'm in Australia on so please PM me if you need any info specific to this visa. Its actually a very quick easy and cheap visa to get if you have all the supporting documents. Ours took about 3 weeks from visa submission to visa grant I think.

Note what JAJ says too - it doesn't ever lead to PR (under current legislation) so a future plan to get PR is a good idea.

Buzzy

Scottish Boy

Great news Buzzy....I'll pm you with some questions if thats ok regarding the forms, documentation I have to provide etc if thats ok?

Are you in a similar situation to myself?

Buzzy--Bee

Married to a New Zealander for 10 years mate, 2 kids, so more easily proveable relationship. Lived in Oz since July.

Buzzy

Scottish Boy

Buzzy do you know if below is the the correct fee/charge for this type of visa as thats all I can find in relation to this on the govt website?:

New Zealand Citizen Family Relationship Visa (Subclass 461) (Temporary)

Charge Type Charge Amount
1st instalment $190
2nd instalment Nil


Also do you know if it matters if 1.5 years of our 2 year and counting de facto relationship was spent in the UK as likewise we have both only been in Oz since July?

Thanks in advance for all your help with this !

JAJ

The fee is low because it's only for temporary residence, not permanent. If you or your spouse one day qualifies for permanent residence you will need to pay the full fee at that point if you then want to apply.

Cohabitation does not have to have been in Australia.

Make sure you apply for a new visa before your existing one expires.

Scottish Boy

Thanks for your continued help with this guys !

Assuming I am granted the Subclass 461 Visa, would this automatically cancel/supersede the working holiday visa that I am currently in Australia on at the moment?

The reason I ask this question is because my working holiday visa has a 6 month maximum period with one job/employer, therefor if I was successful in applying for the Subclass 461 Visa, would this mean I could stay in my current job after the 6 month period has expired?

Buzzy--Bee

I believe that the 461 would replace your WHV. Hopefully JAJ will confirm. And once you have it, there are no work restrictions.

Buzzy

LIANA J ALLAN

If your family members are New Zealand citizens then they can also come to Australia on a Special Category Visa.
If you come to Australia on a Special Category Visa but your family are not New Zealand citizens then they can apply for a Subclass 461 New Zealand Citizen Family Relationship temporary visa (“SC 461”).

This is a visa for members of the family unit of:

 a New Zealand citizen in Australia on a Special Category Visa, or
 a New Zealand citizen outside Australia who will be coming to Australia on a Special Category Visa accompanied by their family member.

A member of the family unit is generally a spouse or dependent child. It can also include other dependent relatives in some circumstances.

This SC 461 visa is valid for a period of 5 years and gives full work rights. After 5 years the visa holder will need to apply for another SC 461visa. They will be entitled to another SC 461 visa if either:

 they are in Australia and they:
• are still a member of the family unit of the New Zealand citizen in Australia on a Special Category Visa, or
• are no longer a member of the family unit of the New Zealand citizen in relation to whom they were granted their initial SC 461 visa and they have not become a member of the family unit of any other person.
OR
 they are outside Australia and they:
• last left Australia while holding a SC 461 visa
• are no longer a family member of the New Zealand citizen in relation to whom they were granted their visa and they have not become a member of the family unit of any other person, and either:
 have spent 2 in the last 5 years in Australia as the holder of a SC 461 visa, or
 have substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia and have not been absent for a continuous period of 5 years or more unless there are compelling reasons for the absence.

The fee for a SC 461 visa is $190, payable at the time of application. To apply you should complete Form 147.

You can apply for this visa either while in or outside Australia but you cannot apply in immigration clearance (ie at the airport).

If you are offshore and want to settle permanently in Australia then you may also be able to bring your family members to Australia as members of your family unit in your own application for a skilled visa.

kwprwn

theres another form to fill out to not just the 147 but I forget the number now.....i think its the form 80 (but may be wrong)