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Discussion Starter · #4 · (Edited)
If he meets the criteria, he can apply for a new 461 visa.
Requirement for extending Subclass 461 Visa:

You can apply for another New Zealand Citizen Family Relationship (Temporary) visa (subclass 461) if:

1. you are still a member of the family unit of the New Zealand citizen you named in your application for your first subclass 461 visa - He is still member of my family.

2. your New Zealand citizen family member is not an "Eligible New Zealand Citizen" - I am not an "Eligible New Zealand Citizen"

3. you are in Australia and:
3a. you hold a subclass 461 visa, or you are not the holder of a substantive visa and the last substantive visa you held was a subclass 461 visa -He still holds subclass 461 visa only.

3b. you are no longer a member of the family unit of a person in relation to whom you were granted a subclass 461 visa - This statement conflicts with #1. statement.

3c. you have not become a member of the family unit of any other person - He is still single, however he is 25 years old.
 

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Requirement for extending Subclass 461 Visa:

You can apply for another New Zealand Citizen Family Relationship (Temporary) visa (subclass 461) if:

1. you are still a member of the family unit of the New Zealand citizen you named in your application for your first subclass 461 visa - He is still member of my family.

2. your New Zealand citizen family member is not an "Eligible New Zealand Citizen" - I am not an "Eligible New Zealand Citizen"

3. you are in Australia and:
3a. you hold a subclass 461 visa, or you are not the holder of a substantive visa and the last substantive visa you held was a subclass 461 visa -He still holds subclass 461 visa only.

3b. you are no longer a member of the family unit of a person in relation to whom you were granted a subclass 461 visa - This statement conflicts with #1. statement.

3c. you have not become a member of the family unit of any other person - He is still single, however he is 25 years old.
It's not well worded on the DHA website, but effectively it's 1 AND 2 or 3.
 

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Without knowing all the details I cannot give you a definitive answer for your circumstances, but, in general, if a person is:

(a) in Australia as the holder of a Subclass 461; and

(b) is no longer a member of the family unit of the person in relation to whom they were granted a Subclass 461 visa; and

(c) has not become a member of the family unit of another person

they meet the requirements for a new 461 visa.

Note that 'member of the family unit' has a specific meaning in immigration law; it's not just being a 'member of the family' widely defined.
 

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Discussion Starter · #8 ·
Without knowing all the details I cannot give you a definitive answer for your circumstances, but, in general, if a person is:

(a) in Australia as the holder of a Subclass 461; and

(b) is no longer a member of the family unit of the person in relation to whom they were granted a Subclass 461 visa; and

(c) has not become a member of the family unit of another person

they meet the requirements for a new 461 visa.

Note that 'member of the family unit' has a specific meaning in immigration law; it's not just being a 'member of the family' widely defined.
Thank you for response, however I am still little bit confused about - (b) is no longer a member of the family unit of the person in relation to whom they were granted a Subclass 461 visa

Are you able explain it please.
 

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Thank you for response, however I am still little bit confused about - (b) is no longer a member of the family unit of the person in relation to whom they were granted a Subclass 461 visa

Are you able explain it please.
I'll try:

If you obtain a 461 by virtue of your relationship with the Kiwi holder of a 444 visa, you are able to 'roll over' your 461 visa even if the relationship with the 444 holder, which allowed the grant of the 461, has ended. For example if you were partners and the relationship ends or a child grows up, is no longer dependant, and therefore is not classed as being a member of the family unit any longer. You can keep doing this until you become a member of another family unit, most likely through entering a new partner relationship.

If you still have concerns, I would suggest you take some advice, specific to your circumstances, from an RMA.
 

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Discussion Starter · #10 ·
I'll try:

If you obtain a 461 by virtue of your relationship with the Kiwi holder of a 444 visa, you are able to 'roll over' your 461 visa even if the relationship with the 444 holder, which allowed the grant of the 461, has ended. For example if you were partners and the relationship ends or a child grows up, is no longer dependant, and therefore is not classed as being a member of the family unit any longer. You can keep doing this until you become a member of another family unit, most likely through entering a new partner relationship.

If you still have concerns, I would suggest you take some advice, specific to your circumstances, from an RMA.
Hello Paul,

I consulted one migration agent and she told me that he can apply for it. I consulted another migration agent and he told me that he can't.
 

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That's likely the issue. About 18 months ago they changed the rules about the eligible age for children to under 23 and I think you can only include them older if they have a mental or physical disability although I haven't had to look into that myself. Not sure if a 461 visa would have different criteria.
 

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Discussion Starter · #15 ·
That's likely the issue. About 18 months ago they changed the rules about the eligible age for children to under 23 and I think you can only include them older if they have a mental or physical disability although I haven't had to look into that myself. Not sure if a 461 visa would have different criteria.
Subclass 461 visa does have different criteria.
 
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