461 Visa - Advice Needed

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461 Visa - Advice Needed

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  #1 (permalink)  
Old 06-22-2020, 11:18 AM
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Join Date: Jun 2020
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Question 461 Visa - Advice Needed

Hi there, looking to gain some advice on certain visa challenges that me and my partner are currently facing and found this forum! Hoping someone could help me. Thinking about taking this to an agent but while I research some agents, I thought I'd seek advice on the forum.

To begin, I'm an Irish citizen (holding both British, Irish and Canadian passports using the Irish one for the Visa) currently on a 'Working Holiday Visa (417)' - on my second year, with around 6 months left, ending on December 29th 2020. I've been in the country since December 29th 2018, and met my partner about 2/3 weeks into being out in Australia (relationship is around 18 months). He is a native Kiwi, born and raised but moved out here and has been living and working since 18. He is on the special visa that allows him to work and live freely in Australia (Subclass 444). Now, we're at a crossroads as my Visa expires in 6 months time and we are looking at the many options out there. Upon researching, I stumbled up the 461 Visa and this leads to the many questions I have. (hopefully the questions make sense so please bare with)

The Immi website states that be one of the Members of the family unit of a New Zealand citizen or their partner - What qualifies as partner? Do I have to be in a de-facto relationship with him to be eligible? We are talking about de-facto currently as well, but this visa seems to tick off all the boxes without having to be in a de-facto relationship yet. We have evidence to prove that we are in a relationship (currently questioning whether we should register the relationship as well), finance evidence, references, photos, etc.
So, we have all the evidence to show that we've been in a relationship for 18 months, close to 2 years once my visa ends and have future goals, etc.

So, I guess I'm asking am I eligible to apply for this or have I missed something completely? I do have follow-up questions about this but I guess I'm looking for a straight yes or no on this question before I move on lol. Still looking at other options to stay, i.e. Student visas, possible de-facto? Just trying to see what my options are.

Thanks, hopefully I provided enough information.

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Old 06-24-2020, 12:58 AM
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Join Date: Jun 2020
Posts: 2
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Just one other thing, we are currently not living together. Complicated story, so I hope that doesn't hinder this application. Please help, thank you.

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Old 06-24-2020, 01:10 AM
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Join Date: Dec 2014
Location: Syney NSW
Posts: 5,729
Users Flag! From australia

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May I suggest that you consult one of the registered migration agents who posts on this forum?

Westly Russell
Registered Migration Agent
Number 0316072

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  #4 (permalink)  
Old 06-25-2020, 08:08 AM
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Join Date: Apr 2017
Posts: 831
Users Flag! From uk

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Originally Posted by KR93 View Post
Do I have to be in a de-facto relationship with him to be eligible?
Yes you do. As Westley says, it would make sense to get some professional advice.

Paul Hand
Registered Migration Agent 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation.

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