Visa 461 Breakup and new partner visitor visa
 

Hi all,

I think my story isn't new , tho different maybe, to list few points as hereunder:
1- I got married to a kiwi girl and got a 461 visa.
2- Few months later, we got divorced (it happens!).
3- Didn't inform DIBP about anything (simply, I forgot to!).
4- Did a short visit to Australia after that, for a week time, with 461 visa.
5- I moved overseas where I got remarried (it happens as well!)
6- After about 3 years of 461, I got a job in Australia and keen to move.

Questions:
1- My current wife will apply for a tourist visa, should she mention in the e600 visa application that she is going to visit her husband (myself) who has a temporary residency visa in Australia from his ex-marriage?.

2- Would that cause any issues with my current visa as I didn't inform DIBP of the breakup and my remarriage.

3- Can she mention that she will get financial support out of my employment offer in Australia? attach it to the application along with our bank statements? marriage certificate too?

Please advise.

Re: Visa 461 Breakup and new partner visitor visa
 

You say your new wife is coming to Australia to visit you. So what visa are you currently holding? If you are no longer with your New Zealand citizen partner you can't still be on a 461.

Re: Visa 461 Breakup and new partner visitor visa
 

Just because to didn't tell DOHA of your divorce, that doesn't mean that the 461 you were granted through your wife is still valid - it has been invalid since the day the divorce was finalised. As Polly says, you need to tell us what visa you're currently on if you're in Australia.

Re: Visa 461 Breakup and new partner visitor visa
 

I am overseas, still on 461. it is valid till 2021.

Re: Visa 461 Breakup and new partner visitor visa
 

I think I was mistaken before, you're right, a 461 does remain valid for 5 years even if you divorce.
Where I think you'll come unstuck is that you are required as a condition of the visa to inform DOHA of any change is your marital status, and if you divorce and remarry the 461 visa is no longer valid.

Re: Visa 461 Breakup and new partner visitor visa
 

Re: Visa 461 Breakup and new partner visitor visa
 

I would be careful unless you have followed all the rules of the visa, one of which is
You must tell us if your circumstances change. This includes a new residential address, a new passport, or a pregnancy, birth, divorce, separation, marriage, de facto relationship or death in your family

https://www.homeaffairs.gov.au/trav/...#tab-content-1

As you are talking of moving back to Australia and working here you need to remember as you have remarried your 461 cannot be renewed, so you will need to leave Australia before 2021, unless you can qualify for and apply for a different visa in the meantime.
As for your new wife's tourist visa, she should just answer all questions honestly.

Re: Visa 461 Breakup and new partner visitor visa
 

I did try and post a response here a couple of days ago, but the forum appears to have eaten it.

It is correct that the 461 remains valid even when the relationship with the Kiwi partner breaks down. It can even be rolled over if the holder does not enter a new relationship. As the OP is now in a new relationship, as mentioned above, he is not eligible for a new 461.

It would be worth the OP contacting an RMA to see what long term pathways may be available to him.