subclass 461 visa confusion.
Jan 7th 2013, 9:29 pm
#1
Just Joined
Thread Starter
Joined: Jan 2013
Posts: 3
subclass 461 visa confusion.
hi there,
I currently hold a subclass 461 visa, but my partner and I have now seperated. I am hoping to return to oz in a few months as I still have 2 years left on it. I have read the rules which state that as long as I've stayed in oz for at least 2 years in the past 5 then its still valid.. does this only count from when the visa started? or because I originally did a year working holiday, would that year count too? I'm worried that if I book a one way flight and haven't understood the rules, I will get questioned and not allowed entry.
any information would be appreciated.
I currently hold a subclass 461 visa, but my partner and I have now seperated. I am hoping to return to oz in a few months as I still have 2 years left on it. I have read the rules which state that as long as I've stayed in oz for at least 2 years in the past 5 then its still valid.. does this only count from when the visa started? or because I originally did a year working holiday, would that year count too? I'm worried that if I book a one way flight and haven't understood the rules, I will get questioned and not allowed entry.
any information would be appreciated.
Jan 8th 2013, 10:06 am
#2
Retired
Joined: Apr 2004
Posts: 34,649
Re: subclass 461 visa confusion.
I'd recommend a consultation with a good agent - eg George Lombard in Sydney - for some advice (search forum for contact detail). Be prepared to pay.
The rules on a 461 visa are different to the other temporary spousal visas, but this is too important to rely on advice from a free forum.
The rules on a 461 visa are different to the other temporary spousal visas, but this is too important to rely on advice from a free forum.
Jan 10th 2013, 4:00 am
#3
Forum Regular
Joined: Aug 2010
Posts: 70
Re: subclass 461 visa confusion.
Hi
JAJ is right have a chat to george the 461 is quite different, I used him when I had an issue with a 461......
here is the relivent part from the regs....
I would still chat to george.....
461.21 Criteria to be satisfied at time of application
461.211 The applicant is not a New Zealand citizen.
461.212 (1) The applicant meets the requirements of subclause (2),
(3) or (4).
....
....
(3) An applicant meets the requirements of this subclause if
the applicant:
(a) either:
(i) is in Australia as the holder of a Subclass 461
(New Zealand Citizen Family Relationship
(Temporary)) visa; or
(ii) is not the holder of a substantive visa and the last
substantive visa held by the applicant was a
Subclass 461 visa; and
(b) is no longer a member of the family unit of the person
in relation to whom the applicant was granted a
Subclass 461 visa; and
(c) has not become a member of the family unit of another
person (whether or not the applicant is still a member of
the family unit of that other person).
(4) An applicant meets the requirements of this subclause if
the applicant:
(a) is outside Australia; and
(b) either:
(i) the applicant was lawfully present in Australia as
the holder of a Subclass 461 visa for a period of, or
periods that total, not less than 2 years in the
period of 5 years immediately before the
application for the visa; or
(ii) the Minister is satisfied that the applicant:
(A) has substantial business, cultural, employment
or personal ties with Australia which are of
benefit to Australia; and
(B) has not been absent from Australia for
a continuous period of 5 years or more
immediately before the application for the
visa, unless there are compelling reasons for
the absence; and
(c) on last departure from Australia was a holder of a
Subclass 461 visa; and
(d) is no longer a member of the family unit of the person
in relation to whom the applicant was granted a
Subclass 461 visa; and
(e) has not become a member of the family unit of another
person (whether or not the applicant is still a member of
the family unit of that other person).
JAJ is right have a chat to george the 461 is quite different, I used him when I had an issue with a 461......
here is the relivent part from the regs....
I would still chat to george.....
461.21 Criteria to be satisfied at time of application
461.211 The applicant is not a New Zealand citizen.
461.212 (1) The applicant meets the requirements of subclause (2),
(3) or (4).
....
....
(3) An applicant meets the requirements of this subclause if
the applicant:
(a) either:
(i) is in Australia as the holder of a Subclass 461
(New Zealand Citizen Family Relationship
(Temporary)) visa; or
(ii) is not the holder of a substantive visa and the last
substantive visa held by the applicant was a
Subclass 461 visa; and
(b) is no longer a member of the family unit of the person
in relation to whom the applicant was granted a
Subclass 461 visa; and
(c) has not become a member of the family unit of another
person (whether or not the applicant is still a member of
the family unit of that other person).
(4) An applicant meets the requirements of this subclause if
the applicant:
(a) is outside Australia; and
(b) either:
(i) the applicant was lawfully present in Australia as
the holder of a Subclass 461 visa for a period of, or
periods that total, not less than 2 years in the
period of 5 years immediately before the
application for the visa; or
(ii) the Minister is satisfied that the applicant:
(A) has substantial business, cultural, employment
or personal ties with Australia which are of
benefit to Australia; and
(B) has not been absent from Australia for
a continuous period of 5 years or more
immediately before the application for the
visa, unless there are compelling reasons for
the absence; and
(c) on last departure from Australia was a holder of a
Subclass 461 visa; and
(d) is no longer a member of the family unit of the person
in relation to whom the applicant was granted a
Subclass 461 visa; and
(e) has not become a member of the family unit of another
person (whether or not the applicant is still a member of
the family unit of that other person).
hi there,
I currently hold a subclass 461 visa, but my partner and I have now seperated. I am hoping to return to oz in a few months as I still have 2 years left on it. I have read the rules which state that as long as I've stayed in oz for at least 2 years in the past 5 then its still valid.. does this only count from when the visa started? or because I originally did a year working holiday, would that year count too? I'm worried that if I book a one way flight and haven't understood the rules, I will get questioned and not allowed entry.
any information would be appreciated.
I currently hold a subclass 461 visa, but my partner and I have now seperated. I am hoping to return to oz in a few months as I still have 2 years left on it. I have read the rules which state that as long as I've stayed in oz for at least 2 years in the past 5 then its still valid.. does this only count from when the visa started? or because I originally did a year working holiday, would that year count too? I'm worried that if I book a one way flight and haven't understood the rules, I will get questioned and not allowed entry.
any information would be appreciated.
Jan 15th 2013, 8:56 pm
#4
Just Joined
Thread Starter
Joined: Jan 2013
Posts: 3
Re: subclass 461 visa confusion.
Hi
JAJ is right have a chat to george the 461 is quite different, I used him when I had an issue with a 461......
here is the relivent part from the regs....
I would still chat to george.....
461.21 Criteria to be satisfied at time of application
461.211 The applicant is not a New Zealand citizen.
461.212 (1) The applicant meets the requirements of subclause (2),
(3) or (4).
....
....
(3) An applicant meets the requirements of this subclause if
the applicant:
(a) either:
(i) is in Australia as the holder of a Subclass 461
(New Zealand Citizen Family Relationship
(Temporary)) visa; or
(ii) is not the holder of a substantive visa and the last
substantive visa held by the applicant was a
Subclass 461 visa; and
(b) is no longer a member of the family unit of the person
in relation to whom the applicant was granted a
Subclass 461 visa; and
(c) has not become a member of the family unit of another
person (whether or not the applicant is still a member of
the family unit of that other person).
(4) An applicant meets the requirements of this subclause if
the applicant:
(a) is outside Australia; and
(b) either:
(i) the applicant was lawfully present in Australia as
the holder of a Subclass 461 visa for a period of, or
periods that total, not less than 2 years in the
period of 5 years immediately before the
application for the visa; or
(ii) the Minister is satisfied that the applicant:
(A) has substantial business, cultural, employment
or personal ties with Australia which are of
benefit to Australia; and
(B) has not been absent from Australia for
a continuous period of 5 years or more
immediately before the application for the
visa, unless there are compelling reasons for
the absence; and
(c) on last departure from Australia was a holder of a
Subclass 461 visa; and
(d) is no longer a member of the family unit of the person
in relation to whom the applicant was granted a
Subclass 461 visa; and
(e) has not become a member of the family unit of another
person (whether or not the applicant is still a member of
the family unit of that other person).
JAJ is right have a chat to george the 461 is quite different, I used him when I had an issue with a 461......
here is the relivent part from the regs....
I would still chat to george.....
461.21 Criteria to be satisfied at time of application
461.211 The applicant is not a New Zealand citizen.
461.212 (1) The applicant meets the requirements of subclause (2),
(3) or (4).
....
....
(3) An applicant meets the requirements of this subclause if
the applicant:
(a) either:
(i) is in Australia as the holder of a Subclass 461
(New Zealand Citizen Family Relationship
(Temporary)) visa; or
(ii) is not the holder of a substantive visa and the last
substantive visa held by the applicant was a
Subclass 461 visa; and
(b) is no longer a member of the family unit of the person
in relation to whom the applicant was granted a
Subclass 461 visa; and
(c) has not become a member of the family unit of another
person (whether or not the applicant is still a member of
the family unit of that other person).
(4) An applicant meets the requirements of this subclause if
the applicant:
(a) is outside Australia; and
(b) either:
(i) the applicant was lawfully present in Australia as
the holder of a Subclass 461 visa for a period of, or
periods that total, not less than 2 years in the
period of 5 years immediately before the
application for the visa; or
(ii) the Minister is satisfied that the applicant:
(A) has substantial business, cultural, employment
or personal ties with Australia which are of
benefit to Australia; and
(B) has not been absent from Australia for
a continuous period of 5 years or more
immediately before the application for the
visa, unless there are compelling reasons for
the absence; and
(c) on last departure from Australia was a holder of a
Subclass 461 visa; and
(d) is no longer a member of the family unit of the person
in relation to whom the applicant was granted a
Subclass 461 visa; and
(e) has not become a member of the family unit of another
person (whether or not the applicant is still a member of
the family unit of that other person).
sorry I am very new to these forums, didn't realize you had replied lol. Thankyou very much for this information, it helps a lot by answering a few questions I had. I will still speak to George too. Many thanks!
Jan 15th 2013, 9:00 pm
#5
Just Joined
Thread Starter
Joined: Jan 2013
Posts: 3
Re: subclass 461 visa confusion.
I'd recommend a consultation with a good agent - eg George Lombard in Sydney - for some advice (search forum for contact detail). Be prepared to pay.
The rules on a 461 visa are different to the other temporary spousal visas, but this is too important to rely on advice from a free forum.
The rules on a 461 visa are different to the other temporary spousal visas, but this is too important to rely on advice from a free forum.
Thank you very much for your help, I will be certain to get in contact with George.
Regards,
Holly.
