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461 Visa Help???

Australia: Points Calculator | Skilled Immigration
New Zealand: Points Calculator | work visas

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took
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Posts: 1
Joined: Thu Aug 14, 2008 6:20 am

461 Visa Help???

Post by took » Thu Aug 14, 2008 6:39 am

Hello there,

I'm hoping someone can help, i'm in real limbo right now and am not sure where i stand...

To cut a long story short i am from England, been with a New Zealander for 5.5 years, married for 3.

We have been living in Australia since June 2006 and I have been on a 461 visa.

Unfortunately we have recently seperated (a month ago - no chance of reconcilliation). She is in London right now and is returning in a couple of weeks. I am due to go to London to visit family just before she arrives back here.

We broke up due to some things she's done, but she is now saying that she is going to contact immigration and get them to deny me entry when i return from London.

My question's are,

a) can she do this, will they act on it?
b) what now happens to my visa and me staying in Australia?
c) What would be my best options regarding obtaining Permanent residency, is there a way of applying for it after being here for just over two years?

I had planned to live here forever, i love the place, i have a good job that i have been at for over two years now and would hate to have to go back to London.

I have spoken to my employer about possible sponsorship but i understand that it would only be a temp visa and would be dependant on me staying at that company. I'm 100% happy there right now, but who knows what might happen further down the track. I just want to have the security of knowing that i can stay here and dont have anything hanging over me

Any help or advice would be really appreciated!

annarei
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Posts: 2
Joined: Thu Aug 14, 2008 7:08 am

Post by annarei » Thu Aug 14, 2008 12:05 pm

Hi I am not an expert on your visa category at all, but just from reading the immigration website it says that you can renew your visa even if your relationship has ended as long as you have been resident in Australia for the past 2 years, which you seem to have done.

"You can renew your visa, even if your relationship with the Special Category visa holder has ended, provided that:

* you have maintained Australian residency; you must have been in Australia for a total of at least two (2) years in the last five (5) years
* you continue to meet standard health and character requirements
* you do not become the member of a family of another person (other than another Special Category visa holder)
* if you are currently outside Australia, you held this visa when you left Australia.
"

I would perhaps try and get help from an immigration lawyer?

Hope things work out for you,

anna

LIOFER42
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Posts: 1
Joined: Mon Aug 03, 2009 4:00 pm

Any update?

Post by LIOFER42 » Mon Aug 03, 2009 4:08 pm

Hi took,

How did it go with the immigration Dept?
Did they renew your visa for another 5 years even tho u ended your relationship with your NZ partner?

I'm plannig to move to Australia with my NZ partner but am also concerned about what could happen if our relationship was to end.

From what I understood, they should renew it even if you have broken up, as long as you have lived 2 years in Australia in the past 5 years.

Please let me know

Lio

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