[ShelbyKraatz]

Hello,

I am really hoping someone can help me! Here is the back story; I moved to Australia 6 years ago on the work and holiday visa. During my year on that visa I met my ex who ended up coming back to the USA with me once my visa expired. We lived in NYC for two year together, then decided to move back to Australia and apply for the 820 visa.

It has been nearly 3 years sense we moved to Australia. My partner and I broke up a year ago, but for multiple personal reasons we didn't get around to informing immigration of your change of circumstance till a couple of months ago.

For the past 8 months I have been in a de facto partnership with a PR of Australia, form New Zealand ( has a kiwi passport). I have been back in the United States from the past 2 months. We have been trying to decided if we can get her to the United States and it seem to be much harder than the 461. Honestly we would both prefer to live in Australia as she has started school there.

My question is;
Because my 820 visa was still in affect during the time I started my relationship with my NZ partner, can I not use the evidence I have during that time for the 461 visa?
Also, can I visit her in Australia on tourist visa while waiting on the 461?
What do I need to do to make sure 461 visa is approved?
Lastly, can she apply for the 444 visa and add me on even though she is already a PR?

Thank you so much!

 

[Jeremy Hooper]

If she is an Australian PR then you can't apply for a 461. She can't apply for a 444. She is an Australian PR.

Yes, the fact that you didn't inform the Immigration Department of your change in circumstances will be a problem with dates.

 

[ShelbyKraatz]

Hello Jeremy,

I appreciate your response, but I think you might be incorrect about the 461 Visa.
"The visa subclass 461 or New Zealand Citizen Family Relationship Visa has been specifically designed for New Zealand citizens who are or are about to become Australian residents. This visa may be used for New Zealand citizens who are ineligible to sponsor their foreign partner, spouse or fiance for temporary Australian residency."

Are you certain of the advice you have given? I am always open to all advice but I want to make sure it is correct.

 

[Ramah]

Jeremy is a reputable registered migration agent, his job is to know migration laws and he kindly offers advice and help to this forum, you can be sure the information he gives is correct

If your partner has Australian permanent residency then you're not eligible for visa 461 as your partner is not eligible for visa 444.

Subclass 444 is for New Zealand citizens to come and stay temporarily in Australia and work, study etc. If your partner has PR then she has more than what subclass 444 would offer her (it's almost like a citizen applying for PR of that same country, it doesn't make sense).

If you want to go on some kind of partner visa then your options would be the same as you did before (820/801 onshore or 309/100 offshore).

 

[ShelbyKraatz]

Hi Ramah,

Thank you both for your help. I really appreciate it. I'm sorry if I came off strong, I've heard so many different things from different people online; I just wanted to make sure I got it right. ( :

Okay so 461 is no longer a option. If she is to come to the USA and live with me in a de facto relationship, how long until we can apply for the 820/801 visa? My 820 visa was withdrawn 3 months ago. I have heard we would need to wait 5 years. Is that correct?

Thank you so much! This forum has been so helpful.

 

[Ramah]

Hi Ramah,

Thank you both for your help. I really appreciate it. I'm sorry if I came off strong, I've heard so many different things from different people online; I just wanted to make sure I got it right. ( :

Okay so 461 is no longer a option. If she is to come to the USA and live with me in a de facto relationship, how long until we can apply for the 820/801 visa? My 820 visa was withdrawn 3 months ago. I have heard we would need to wait 5 years. Is that correct?

Thank you so much! This forum has been so helpful.

No, you didn't come off strong, I was just reassuring you that Jeremy is a well respected member of this little community and he knows what he's talking about

Was the 820 granted? Or were you waiting for the grant of it? Also, when was it applied for?