wibbly

Hi there,

Im desperately seeking a visa that I thought would be so simple but has turned out to be hell.

I have a defacto Kiwi partner for well over 12 months. We also have started a branch of his parents business over here. However, I am not "skilled" enough to be sponsored nor apply for a business visa.

Also my partner was not here for over 12 months prior to 2001 change in laws in regards to kiwis, and is therefore not an "eligible" new zealander.

I have therefore resorted to the subclass 462 visa, New Zealand Citizen Family visa.

Now, we are not married however there appears to be options on both the application form and the visa checklist from the Australian immigration site for de facto's to apply.

Does anyone know if this is an option? Can a de facto apply for the subclass 461?

I would appreciate any help or anything that can point me in the right direction. My time is running out and I would hate to leave everything because I couldnt find the right piece of paper.

Cheers,
Jen

JAJ

That is not exactly the criterion. Was he in Australia (living or visiting) any time around 1999/2001 and if so when?

wibbly

Hi..
here was here in 1999 for only 3-4 months. Does this help? How do I find out?

I have just read on a separate thread that another lady has been able to get a de facto 461 visa.. but im not convinced

JAJ

http://www.immi.gov.au/allforms/pdf/1162.pdf

Why are you not convinced?

Loose Goose

Yes, you can be defacto, you just need to prove your relationship. i.e. joint bank accounts, tenancy agreements or mortgages etc...

grantanddebs

hi there
We have a 461 visa and it was no problems at all
I am kiwi citzen, in a defacto relationship with british partner. All you need to do is to provide documents to prove your relationship - really straight forward and easy

Give me a shout if there anything your not too sure about and i may be able to help

Cheers, Debs

sr71

Are you sure that he has to have the protected SCV status from 2001 for a 461 visa? I thought it applied to all NZ passport holders, not just the special category ones.

I think you only need the protected SCV to sponsor someone for permanent residence.

JAJ

Any New Zealander with an SCV (or who will be granted on on entry) normally meets the criteria to sponsor for 461. A person with a protected SCV has a choice to sponsor for either the 461 or the regular spouse visa.

Those New Zealanders who do not hold SCVs include:

- persons who have entered Australia on another passport/visa and not switched onshore to SCV status.
- those who fall within the special purpose visa rules instead (eg diplomats and official guests)
- those who have been granted permanent residence in Australia
- those who are also Australian citizens.

wibbly

Thanks guys for all your help.. your making my life so much easier!! fingers crossed... got all my police checks on the go and meds and the other millions of things they ask for .. cheers!!

wibbly

Hi!
Just one more question for you guys..

I have got alll the checks and application form rerady for the 461 but when it comes to my de facto's spiel about the relationship does he have to fill in the form 40sp like for the "eligable" De facto visa or is it just on normal paper and sent with all the pics etc? or any other form?
so confused.. too much paper..

Thanks,
Wib

grantanddebs

we just did it on normal paper. we wrote a story of our relationship supported with photos, proof of adress, joint accounts and letters from family and friends.

there were no other forms to fill in.

hope this helps, debs

PS - just put in way more than you need

JAJ

The law mandates that form 147 be used to apply for this type of visa.

wibbly

Thanks very much for your help.
Wibbly