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Discussion Starter · #1 ·
Hi All.

Earlier this year I have lodged the application Remaining Relative 835.
I'm a NewZealand Citizen, My mother and sister are both Australian.

The Question is : While I'm waiting for the Visa could I be able to get married oversea? doe it affect my application? I'm in a steady relationship with my gf, she from oversea. I want to get married with her soon.

If we did get married, I can sponsor her to come to Australia under the Visa 461 (NewZealand citizen Family Relationship Temporary Visa), Right??
while I'm waiting for my 835.

Can any one help me clear this out please, It's been a headache and worry to me.

Thanks All, Kind Regard

David.
 

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You will probably be waiting for a long time for your Remaining Relative visa. Yes you can sponsor her to come to Australia on a 461. There is no problem with that.

However, there could be a problem with your application for the 835. If your new wife has near relatives living outside Australia then you may not qualify for the visa. That you are a remaining relative is both a time of application and time of decision criteria.

Regulation 1.15 defines Remaining Relative: "An applicant for a visa is a remaining relative of another person who is an Australian Citizen, and Australian Permanent Resident or an Eligible New Zealand Citizen (a Kiwi that settled in Australia before February 2001) if the applicant satisfies the Minister that:

[1.15] (1) An applicant for a visa is a remaining relative of another person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen if the applicant satisfies the Minister that:

(a) the other person is a parent, brother, sister, step-brother or step-sister of the applicant; and

(b) the other person is usually resident in Australia; and

(c) the applicant, and the applicant's spouse or de facto partner (if any), have no near relatives other than near relatives who are:

(i) usually resident in Australia; and

(ii) Australian citizens, Australian permanent residents or eligible New Zealand citizens.

Look at 1.15 (1)((c).

Thus if you new wife has brothers, sisters, parents etc. living anywhere else but Australia you would no longer be considered a Remaining Relative.

If you want further assistance I suggest that you obtain some professional advice from a Migration Agent.

Please note that even if you just live with your partner and not get married, you will be considered to be in a de-facto relationship and the same will apply as if you are married.
 

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Discussion Starter · #3 ·
Thanks Jeremy for answer.
Maybe I have to give up on the 835. stay as a kiwi with my new wife then... :(:(
 

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Do either you or your wife-to-be qualify for another visa such as one based on your occupations? Perhaps speak with a migration agent to see what options may be available to become PR another way.
 
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