461 Visa Relationship Breakdown

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461 Visa Relationship Breakdown


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Old 03-12-2013, 01:27 AM
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461 Visa Relationship Breakdown

Can someone out there please let me know if I have to inform the Dept about a relationship breakdown on a 461 visa? I have found conflicting information and don't know what to do.
Also, what if I meet someone who is an Australian citizen, does that mean that I cannot be in a relationship with that person or does it just mean that I will have to change visa at the end of my 5 year period?
Any help or advice about this visa will be much appreciated!


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Old 03-12-2013, 02:30 AM
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Hi Ireland85 -

The 461 is an interesting visa - the good news is that you can remain in Australia on the 461 even if your relationship has broken down You can even renew the 461 visa at the end of the 5 year period even if the original relationship has broken down (assuming you are in Australia) if you have not entered into another relationship (become a member of someone else's family unit, technically) since the one with your original sponsor broke down.

You may want to check with DIAC to see if they want to be notified of relationship changes prior to renewal of that visa - I see nothing that indicates that they require this, but best to check directly anyway.

If you enter into a relationship with an Australian citizen, PR, or someone else, that would affect your ability to renew the 461 visa at the end of the 5 year period, but should not affect your ability to hold that visa currently unless you choose to apply for and are granted a different visa.

Hope this helps -

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Mark Northam

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Old 03-12-2013, 02:46 AM
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That was the indication I got alright from reading about it. I will give the Department a call and just clarify whether or not I need to inform them of the relationship breakdown in writing.
Thanks so much for your quick reply Mark, it is much appreciated.
If I do not enter into another relationship, I am still entitled to renew the 461 at the end of the 5 years providing I have remained in Australia for two years, is that correct?


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Old 03-12-2013, 03:28 AM
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Yes - specific requirements per DIAC here:

You can renew your visa, even if your relationship with the Special Category visa holder has ended, provided that:

you have maintained Australian residency; you must have been in Australia for a total of at least two years in the last five years
you continue to meet standard health and character requirements
you do not become the member of a family of another person (other than another Special Category visa holder)
if you are currently outside Australia, you held this visa when you left Australia.


The part in DIAC's text that is not very clear is that you must not have become the member of a family of another person at any time since you originally were granted the 461 - so you can't become a member of another family, then end that relationship, then apply to renew the 461 - becoming the member of another family ends the right to renew the 461 visa at the next 5-year expiration point.

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Mark Northam

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Old 03-12-2013, 04:25 AM
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Mark, once again, thanks for your advice.
I just have one more question that I think you will be able to help me with.
If I were to become involved in another relationship with someone who is not a NZ citizen, is this allowed?
I understand that I would have to apply for a Aus citizen partner visa at the end of my 5 year 461, but I am just wondering if I could achieve the 12 month relationship required to apply for this new visa while I am still on the 461.


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Old 03-12-2013, 07:54 AM
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Hi -

Should not be a problem - there is no regulation that says that time you spend in a relationship in Australia with someone other than your original 461 sponsor, would not be applicable towards meeting the partner visa relationship requirements

That being said, you may wish to get professional advice regarding the "big picture" immigration plan for you to map out what you plan to do and how to meet all the applicable regulations. Your case has a few "moving parts" as I like to call them - different situations that are dependent on each other.

Hope this helps -

Best,

Mark Northam

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Old 12-14-2013, 08:20 AM
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Hello Mark,

I'm hoping you'd be kind enough to answer a question for me along the same lines. My Kiwi husband and I are recently divorced and he no longer lives in Australia. Does the fact that he doesn't live here affect my ability to renew the 461?

Kind regards


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Old 09-20-2014, 11:23 PM
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I hold a 461, I'm married, got a 3 year old son. What's gonna be the best way for me to apply for a pr


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Old 09-20-2014, 11:33 PM
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You or your spouse need to apply a skilled work visa. To be eligible, you need to meet the qualifications for an occupation on either the SOL or CSOL and demonstrate at least 60 points. If either has an occupation on the CSOL, you may also be able to find an eligible employer to sponsor you for a visa.

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