461 NZ Visa

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461 NZ Visa


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Old 08-18-2010, 08:37 PM
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461 NZ Visa

Hi

Can someone clarify how the 'best way' to approach my situation would be?

I am currently engaged to be married to a NZ citizen that has been living and working in Australia since July 2006. Since he is not an 'eligible NZ citizen' we are looking at applying for the 461 Visa - however I am currently in Canada.

I need to know what visa I can go to Australia on in order to get married and what my next steps would be.

Can I go on a tourist visa - get married and apply onshore for the 461 or would i be required to leave Australia.

Looking forward to hearing your responses!


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Old 08-18-2010, 11:44 PM
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Quote:
Originally Posted by rainbowchaser View Post
Hi

Can someone clarify how the 'best way' to approach my situation would be?

I am currently engaged to be married to a NZ citizen that has been living and working in Australia since July 2006. Since he is not an 'eligible NZ citizen' we are looking at applying for the 461 Visa - however I am currently in Canada.

I need to know what visa I can go to Australia on in order to get married and what my next steps would be.

Can I go on a tourist visa - get married and apply onshore for the 461 or would i be required to leave Australia.

Looking forward to hearing your responses!
If you have read the eligibility section, you'll see that you can be either in Australia or outside - New Zealand Citizen Family Relationship (Temporary) Visa (Subclass 461)
Of course that means you need to be in Australia on a visa that does not have a No Further Stay condition on it which most standard tourist visas can have and you do not know whether it will until you get it.
An ETA is what some people may attempt to use for entry without a No Further Stay condition but it like a tourist visa is for visits and if Immi on querying you on arrival discovered you were coming to marry they could refuse entry, so something of a gamble .
ETA (Visitor) (Subclass 976)
If you get in on an ETA which is valid for three months at a time, you would possibly need to get married within that time or have left for say a visit to NZ and then returned for another three months and get married to apply for the 461 visa and you would then get a bridging visa until it was granted.
Have a look at the Checklist in the visa applying section for details of evidence required and if not having a marriage certificate, you need to show evidence of a continuing relationship and being engaged and separated may not be sufficient.
You can check out Booklet#1 via Applications and Forms - Visas & Immigration and you'll get an idea of what is looked for re showing a relationship even if married.





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Old 08-19-2010, 02:50 AM
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Quote:
Originally Posted by Wanderer View Post
If you have read the eligibility section, you'll see that you can be either in Australia or outside - New Zealand Citizen Family Relationship (Temporary) Visa (Subclass 461)
Of course that means you need to be in Australia on a visa that does not have a No Further Stay condition on it which most standard tourist visas can have and you do not know whether it will until you get it.
An ETA is what some people may attempt to use for entry without a No Further Stay condition but it like a tourist visa is for visits and if Immi on querying you on arrival discovered you were coming to marry they could refuse entry, so something of a gamble .
ETA (Visitor) (Subclass 976)
If you get in on an ETA which is valid for three months at a time, you would possibly need to get married within that time or have left for say a visit to NZ and then returned for another three months and get married to apply for the 461 visa and you would then get a bridging visa until it was granted.
Have a look at the Checklist in the visa applying section for details of evidence required and if not having a marriage certificate, you need to show evidence of a continuing relationship and being engaged and separated may not be sufficient.
You can check out Booklet#1 via Applications and Forms - Visas & Immigration and you'll get an idea of what is looked for re showing a relationship even if married.
Thanks... what is exactly what I thought but just wanted to make sure that I was reading it all correctly. I think I may have memorized the entire Booklet #1 now.. lol! Thanks again for all your advice - it allows me to sleep at night


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