Australian Sub Class 461 Visas are taking more than six months for processing.
With the current 461 processing times ballooning past the six-month mark at the Auckland office, I thought it was about time that I wrote something about the issue.
For those who don’t already know, Subclass 461 Member of a New Zealand citizen’s Family Unit (MoFU) is one of the more simple temporary resident visas that Australia has to offer in their vast array of visa products. It allows a non-NZ citizen who is a MoFU of a New Zealand citizen to obtain a five year, multiple travel visa that has open work rights. Among other criteria, such as health and character, the NZ citizen must be eligible for a Special Category Visa (SCV) subclass 444 so they cannot be considered Behaviour Concern Non-Citizen (BCNC) or Health Concern Non-Citizen (HCNC).
Visit http://www.border.gov.au/Trav/Visa-1/444- for more information.
Subclass 461 was designed to make it easier for NZ citizens and their family to live and work in Australia. It was necessary as Australian permanent residents were given the right to enter NZ and be granted NZ residency in the changes to the 2001 Trans-Tasman Agreement (Don’t get me started on the Trans-Tasman Agreement!) where NZ residents have no such right in Australia.
Why is processing taking so long?
The assessment of the 461 is similar to a subclass 309/100 application. The service standards set out by the DIBP for these applications are six months for low risk, and eight months for high-risk applicants. This is a more realistic time frame for the 461. However, for some reason, DIBP seem to think otherwise.
To add to the delays there are a number of issues including the fact that there are a high number of applications received by DIPB which include insufficient supporting evidence. Please note that a marriage certificate alone is not sufficient to meet the relationship criteria.
Medicals are another issue. It is recommended by DIBP that medicals are not completed until an initial assessment is completed and a case officer request for the information (see decision ready applications below). There are very valid reasons for this as if your application was to be refused there would be no refund of the medical costs. However, it slows done the process especially if there are abnormal results which can take weeks to be assessed. You can bypass this by using DIBP’s My Health Declarations but you run the risk of either the medicals expiring (they are normally valid for 12mths from the date completed) or the application not being successful and having completed the medicals for no reason.
There is also the fact that the Auckland office is continually requesting NZ citizens to prove that they are eligible for an SCV by having them provide police certificates from every country where they have spent twelve months or more in since they turned 16.
Given the large percentage of NZ citizens who were not born here are represented in the 461 caseload, this can prove a lengthy process which delays applications and frustrates the applicants.
This is a “guilty unless proven innocent” approach which to me is against DIBP policy as I read it. The PAM states that “If the NZ citizen is outside Australia, officers may accept without further enquiry the NZ citizen’s eligibility on arrival for an SCV provided” they hold a current NZ passport and there is no reason to believe the NZ citizen is BCNC or HCNC. The latter part of the statement is where the Auckland office is using their discretion to request for the police certificates.
I understand that crimes committed by NZ citizens in Australia make media headlines and it is a big political issue that receives more than its fair share of attention. I also appreciate the serious nature of the subject. However, there is no doubt that requesting NZ citizens to provide police certificates is slowing down processing times and it seems the current policy does not support the Auckland office’s approach.
We believe that there needs to be more advertising of this requirement by the department and I suspect there may also be a need for policy change if the Auckland office wants to keep their approach.
Decision ready visa applications
Now that’s another debatable subject! Yes, if your application had all the information in it, there is always possibility that the application could be processed quickly, even within a day. (This is unrealistic, and not to mention completely unfair for the applicants who have lodged their applications months previously.) But unlike a NZ visa application, it is not mandatory for you to provide your police certificates or medical results when you lodge. So, I would like to add here this scenario that, say it took five to six months for a case officer to start working on your 461 application and the case officer then requests for your police certificates and medical results, but you then find out, for example, that your police certificate will take six months to be processed! Therefore, it’s best if you do your homework on the police certificate processing times as you may need to apply for the certificate a lot earlier than you think to avoid lengthy delays.
So what are your options when you are in a hurry?
Given the close proximity and ties NZ has with Australia there will always be NZ citizens looking for opportunities in Australia. For example, your NZ partner is offered their dream job in Australia. Usually, you are given a month or two to get over there. However, the processing time is too long for you to get the 461 completed. You could be faced with living separately while you wait for your visa to come through.
What if you apply for a visitor visa and say you want to lodge the 461 onshore?
Well, it’s not the greatest of ideas really. Australia’s policy is that you must be assessed as a genuine visitor. If they have concerns that your intention is to lodge a further application while in Australia you may find that your visitor application is refused, or in the case of travelling on an ETA, find yourself with a whole lot of questions at the Australian border that can result in you being turned around at the border in extreme cases.
However, the Procedures Advice Manual (PAM) which contains advice for Australian Immigration officers, currently mentions that if an applicant for a visitor visa applies with the intention to lodge a further application in Australia it “does not necessarily indicate that the applicant does not intend a genuine temporary stay and is not a reason in and of itself to refuse the visitor visa.”
So, according to the PAM, it is possible for applicants to still be considered a genuine temporary entrant. However, this would be assessed on a case by case basis and I would be very wary of lodging a visitor visa application in this scenario. In this case, seek professional advice before considering this option.
Well, what if you lodge a visitor visa together with your 461 application and say you want to wait in Australia while the 461 application is being processed?
Again, I don’t recommend this option either as it is very difficult to meet the genuine temporary entrant criteria.
If you have lodged your 461 application outside Australia I would only ever look at applying for a visitor for a short term visit, less than a month, and a few months after the 461 application has been lodged. In their assessment, a DIBP officer will, among other things, consider the length of stay requested, your incentives depart Australia and the likelihood of you breaching the conditions of a visitor visa which is fairly normal visitor visa policy.
You can use the fact that if you lodge a 461 application outside of Australia, then by law, you need to be outside of Australia at the time of decision. This can be a bit of a hassle having to depart Australia but it can be used in support of your visitor visa application as you are more likely to depart Australia. You would also ensure that your 461 application is “air tight” so that there is nothing that would indicate that you would not be granted the 461.
But I already hold a valid visitor or other visa. Can I lodge my 461 in Australia?
If you already hold a valid Australian visa it might be possible for you to lodge your 461 while in Australia. You should check that you don’t have an 8503 No Further Stay condition which will prevent you from lodging an application while in Australia. The condition can be waived but only in certain circumstances.
If you do travel to Australia, be prepared for a few questions at the border. Remember that you still need to be assessed as a genuine temporary entrant and there are no guarantees that you will be allowed entry.
In conclusion, the 461 is a great visa given its relatively straight forward criteria and the fact that it provides open work rights. However, the processing time is overshadowing this great product and its ability to attract NZ citizens and their family to Australia.
If you ever find yourself in any of the above scenarios or just want some help, just give us a call.
Cameron Gray
Director, VisaAide – Immigration Consultant Auckland
Licence Number: 201301155
Disclaimer
The content of this blog should in no way be used to assess your eligibility to meet any visa criteria. Please ensure you seek professional advice or contact the Department of Border Protection before lodging an application.
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Good day
We did apply for my visa 461 in February 2018 and that can take up to 13 months. But up to date nothing from them yet and no request for medical or any other certificates or clearance. Do you just have to wait or is there a way to find out what is going on, it is a little bit frustrating to wait and not to know.
Hi Kathleen,
Yes, very frustrating. Medicals, etc, will normally only be requested for once the initial assessment has been completed. Therefore, it is just a waiting game at this stage.
Thanks
Cameron
I am having issues getting a police certificate from NZ. My partner is kiwi but on the application it requests i have a police check from every country ive lived in. Oz and Uk have supplied these with no drama but i keep getting sent in circles for NZ. Do you have the details of where i need to contact for this? I was on a WHV and a sponsor visa when in NZ.
Thanks
Hi Karen,
visit https://www.justice.govt.nz/criminal-records/get-your-own/
Cameron
Hi Cameron,
Thanks for the great info about 461. Anyway, I want to get some advice please. I’m a NZ citizen- SCV living in AUS & my husband lives in Tonga. We got married AUG 2018 & we submitted a 461 Sept 2018 in Tonga.
I want to know what is the likelyness of him getting it granted because when he visited AUS on a visitor visa in 2016 he bluddy overstayed it. So yeh, it’s definitely made it harder because he’s been refused back here on a visitor visa, most recently on NOV 2018 but each time we applied it was always for 3 months.
I read that you said apply for no longer than a month or less & mention that we’re waiting on a 461 but I want to know if we even have a chance at getting it granted at all & the same as 461.
Hi Akosita,
The overstay would be taking into consideration but that alone would not necessarily mean that the 461 application would be refused. However, if he is within a current exclusion period he may have trouble.
I also feel it would be unlikely that a visitor visa would be approved given his previous immigration history together with the fact that he has intentions of remaining in Australia.
Thanks
Cameron
Thanks for your precious work here!
Two questions:
– I just received NZ Residency and plan to get PR in 2 years. We then might move over to OZ. Applying now might make sense with that long waiting time.
I do still have my WHV (26y/o), but getting 5 years without conditions seems nicer.
Will my WHV be in the way for the 46q – or in case we did ever break up, the 461 did not work out but I wanted to see AUS – would my WHV still be there no matter what till I’m 30?
– Is there things like medical waivers for Kiwi Partners. Or will people with chronic illnesses just be denied the 461 / have to get their own healthcare?
Hi Lula,
If the relationship ends, a 461 holder can still remain in Australia on the visa and be granted further 461 visas as long as the holder does not become a member of another family unit – eg, starts a new relationship.
Health can be complex and we are best to have a chat about this. Send me an email – cameron@visaaide.co.nz
Cameron
Hi I am a New Zealand citizen holder and my husband is on 461 visa.how ever I wanna go back to NZ and I was wondering do I need to apply for visa entrance for my husband to travel to NZ with me?if so how do I apply and where?
Hi Shegetu,
Yes, you will most likely need to apply for a NZ visa for your husband to enter NZ as the Australian 461 visa does not allow someone to enter NZ.
Thanks
Cameron
Hello there
I am looking for information, I applied for the 461 for my partner in March 2018 and we had assigned a case manager quickly by July 20 2018 and requested to do a medical and new Police certificates, we had already completed police certificates and completed a medical as required and sent them to the case officer.
I have rang the visa center and have been advised that it could still take up to 20 months even though we have completed all Documenation required.
So far we have not heard back from the case manager….
I’m worried we still have a huge wait on our hands,
Hi Keziah,
Sorry for the delay.
Medicals and police certificates are usually the last bit of information they request for in a 461 application. Therefore, I feel the 20mths processing time that you have been given may be incorrect. I would normally say you are looking at around 1-2mths if there are no health or character issues and security checking is not needed. If security checking is required or there are health or character issues, it could take a lot longer. Cameron
Could you please tell me how many documents I need with out marriage certificate to apply the New Zealand citizen family membership visa ?
Hi Crysal,
Every case is different and there is really no limit on how many documents you can provide. Therefore, my advice is to provide everything you have.
Cameron
Ԍreat post.
Hi what is the processing time for 461 visa. My husband applied this visa on 17 July 2017. Still there is no information regarding my file. I tracked my file online, it shows no record in result.what is this mean
Hi Amandeep,
The current processing time on the department’s website is up to 19 months. Also, the online tracking provided by the visa application centres are pretty much useless for 461 applications as it will not be updated with real progress, just when the application is completed normally.
Cameron
Hi There,
Very helpful advice so far, I just had a quick one though. My partner and I have been together for 3 years, won’t have lived together for 6 months prior to making the application, but are planning on living together when she arrives here in January. In terms of the definition of “spouse or partner”, is there a duration of time you have to have lived together before lodging the application?
Cheers,
Elliot
Hi Elliot,
There is no real set duration of living together for a subclass 461. However, I would rarely lodge an application with less than 6mths of living together. 12mths is always best. You might get away with less than 12mths with a very good application but best to have this kind of application reviewed by a professional. Thanks Cameron
Hi there, my husb is NZ citizen and I’m Indonesian who currently lives in NZ with PR visa. My husb get a job offer in Australia and want me to join him. If 461 application process take months will be impossible for us to be together, will it be fine if I just apply visitor visa all the time ?
Thank you,
Mel
Hi Meliyawati,
You should really read my blog about this which is on our website. I prefer our clients to lodge offshore for a few reasons. Firstly, the department are unlikely to approve a subclass 600 if your intention is apply for your 461 onshore. Next would be the fact that you are unlikely to receive work rights on a bridging visa. Applying for a 600 after you have lodge a 461 is equally as difficult as the department are wary of letting you wait in Australia while your 461 application is being assessed. If you are eligible for an ETA or eVisitor, or hold a current visitor visa with no 8503 condition you may be in a better situation. Contact me if you have any questions. cameron@visaaide.co.nz
Hi. I’ve been living in Aus for 12 years and recently married a Singaporean. Our advise was to have my partner and her 2 kids travel to Aus on tourist visa and apply for 461 when she arrives. A bridging visa will then automatically be granted once tourist visa runs out (3 months). Then she and kids can stay in Aus until 461 is granted. Correct me if I’m wrong here??
Hi Tony,
Yes, once the application is lodged while in Australia a bridging visa A should be approved and will sit out of effect until the visitor visa stay period expires. I gather your family will hold ETA visas. This makes life a little bit easier to be able to lodge the 461 application onshore. However, be prepared for a few questions at the border as, worst case scenario, they could be considered as non-genuine visitors and be refused entry. I prefer to have the 461 application lodged offshore in most cases but I understand that with the processing time now reaching a ridiculous points that you can’t wait. Cameron
Hi Cameron,
I have been living and working in Australia for 6 years and have been with my Japanese partner for around 9 months. He is currently in japan(previously in Aus on a working holiday visa until September 2018) but coming to live with me in Melbourne again from the start of January. We lived together previously for around 3 months but don’t have documents other than our housemates word.
My partner has enrolled in language school for when he arrives, and our plan was for him to come to Melbourne again on a 3 month tourist visa while we prepare and apply for the 461. We have lots of evidence of our relationship and photos with both our families, plus declarations from friends. We will attach a lease agreement but it will be starting from January.
We thought we could get around the cost of a student visa by using a tourist visa, but after reading your post I’m now unsure if this is a good idea. What would your advice be in this situation?
Much appreciated,
Julia
Hi Julia,
Tough one. I gather you are a NZ citizen and the holder of a 444 or Special Category Visa. I also gather that you are unable to spend any considerable time in Japan living with your partner, which is normal in these circumstances. In this case, your partner traveling to Australia as the holder of an ETA to study can be a way of being able to live together in order to meet 461 criteria. However, as you may have read in the previous comments, this has its risks. Applying for a student visa may not be any better option as your partner must satisfy the department that he is a genuine temporary entrant which can be very difficult when you are currently living in Australia, and yes, the costs are very high. There is no best way of doing this but I feel the ETA may be the better of the two. There are risks (your partner has just spent time in Australia on the Working Holiday so border can be concerned if he shows up shortly as a visitor) and you may need to extend his ETA to a subclass 600 if you need more time to meet the 461 criteria. If you want to discuss, email me – cameron@visaaide.co.nz
Thanks
Cameron
Hi Cameron,
I have applied for 461 visa 18 months ago.current processing time is 17-21 months.i was in Australia when i applied this visa. But due to certain reasons i have to go back to India for 2 months on bridging visa. Will my visa process get affected when i went out of Australia(will process stop or not).
Hi Randhir,
If you hold a bridging visa B that allows you to return to Australia then you should be ok. However, if this has expired, or you only held a bridging visa A when you departed, you may need to apply for a visitor visa in order to return to Australia which can be a tricky case sometimes. Given you have lodged an onshore 461 application, you must be onshore for the decision to be made. Email me if you need help with this – cameron@visaaide.co.nz
I’m Currently on a 461 Visa and me and my NZ partner have split up but remain good friends, my Visa is up in March 2019, I’m currently working in SouthAustralia, I can still apply for a new 461 as I have checked this out, will I go on a bridging visa as my application is in process, iv had this visa twice 10 years, I’m an Irish citizen and also got granted NZ permanent residency in 2016 but never lived there
Hi Jason,
If you make your next 461 application while you are in Australia on a valid 461, you should be approved a bridging visa A. Cameron
Hi Jason how did you get your NZ permanent resident here in Australia.Did they automatically grant you or you apply for it?
Hi. My husband applied for his visa renewal back in May 2017, baring in mind this is his second 461. We still haven’t heard anything. It’s becoming very frustrating as we are wanting to purchase another property. Do you think it’s worth contacting immigration? He does not require to do a medical or provide any police clearances etc… as prior to moving here he is a nz permanent resident. It doesn’t seem fair to wait almost 2 years to grant a renewal. We have been married 12 Years, have 4 children, sent more than Required evidence of our continued relationship, which by the way at times feels rather invasive requesting letters from friends and photos etc… any advise you can give us would be appreciated.
Hi Sonia,
Wow, that is a long wait for a renewal. There may be genuine reasons but I would expect that you would have at least heard from the case officer. Yes, I feel it is time you contact them. Cameron
Sonia, we’ve had an application in since Feb 2017 – exactly the same situation as you: 2nd 461, the first was all fine and approved swiftly. Now a massive 23+ months in ‘processing’ with no contact or information provided.
Hi Dave,
You would think that a “roll over” or subsequent 461 application would go through a different processing queue than the initial 461 applications. This would make these sorts of applications a fairly straight forward and quick process given very little has changed from the first application in most cases. We can only hope…
Cameron
Hello All,
Waiting for 2nd issue of Subclass 461 for my husband. His first issued Oct 2012 while living in NZ, applied for next in Oct 2017, was 2 days late with application. Granted a bridging visa which enables work but cannot leave the country. STILL no word despite the letter detailing a 13 month waiting. I have written and tried to call. No response. What else can I do? We are effectively trapped here in OZ. Ni travel permitted on the bridging visa.
I am planning to apply for the new 189 PR option. Will this affect everything?
Help
Hi Lyndsey,
A bridging visa B might mean that your husband can travel, but it’s not a long term fix.
Yes, if you are approved the 189 you are no longer the holder of a 444 and your husband would no longer be eligible for the 461. Therefore, you would include your partner as a secondary applicant in your 189 so that he can become a resident also.
Thanks
Cameron
Hey,
My younger half brother is a newzealand citizen
Am I eligible for a 461?
Cheers
Osama
Hi Osama,
I feel it will be difficult for you to meet member of a family unit in this case –
For visa purposes, you are a member of the main applicant’s family unit if you are:
the main applicant’s spouse or de facto partner
the main applicant’s child, or their partner’s child, who is not engaged, married or in a de facto relationship and is:
aged under 18 years, or
aged 18 to 23 years and dependent on the main applicant or the main applicant’s partner, or
aged 23 years or older and dependent on the main applicant or the main applicant’s partner due to a partial or total physical or mental disability
the dependent child of the child above
Thanks
Cameron
Hi Cameron,
I am NZ citizen living in Melbourne since 2010 and I have my brother in NZ with his partner in Christchurch. Is it possible for me to sponsor my brother to come over her under subclass 461, Many thanks
Maria
Hi Maria,
It may be difficult for your brother to meet member of a family unit –
For visa purposes, you are a member of the main applicant’s family unit if you are:
the main applicant’s spouse or de facto partner
the main applicant’s child, or their partner’s child, who is not engaged, married or in a de facto relationship and is:
aged under 18 years, or
aged 18 to 23 years and dependent on the main applicant or the main applicant’s partner, or
aged 23 years or older and dependent on the main applicant or the main applicant’s partner due to a partial or total physical or mental disability
the dependent child of the child above
Have you looked into whether you can become an Australian resident under subclass 189(NZ Stream)? That might open up some visa options such as subclass 115.
Thanks
Cameron
I’m a Nz passport holder and living in Australia got married overseas and have lodged a 461 visa for my partner in October 2018 and been 3 months now any idea how long will it take thanks my brother got married aswell he did his before mine and his wife got visa within 5 months any idea thanks
Hi Hematullah,
Processing times for a 461 is around 19-22 months at this stage. The good old days of having a 461 application process quickly (I once processed a 461 application in a day!) are pretty much over. Good Luck!
Thanks
Cameron
Hello,
we lodge subclass 461 in september 2017 and been granted Bridging visa A with no work ights . Is this common or everone gets no work rights ? Can we request to remove this as we need financial support and he is bored sitting home from last 1 yr.
Hi Deepa,
Thank you for asking this question and I hope everyone who thinks about lodging an onshore 461 sees this.
You can apply for another BVA and request for work rights. However, you would need to show that you are in financial hardship which is a fairly tough criteria to meet.
Visit https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/bridging-visa-a-010#When
Thanks
Cameron
Hi Cameron,
Good day, I am NZ citizen and wanting to apply 461 visa for my wife(married 2 and half years).
She got her NZ residency recently.To gain a permanent NZ residency she has to stay 184 days each year( in 2 yrs) in NZ. Before full filling 184 days condition if she leaves to AU(on 461 if granted early) in between what will happen to her NZ resident visa? If we want to come back to NZ after few years how can she come back I mean what visa she has enter.What will happen to NZ resident visa?
Is there a policy for NZ citizen’s wife staying together for 5 years in any country will automatically get eligible for NZ residency?
Many Thanks
KV
Hi KV,
If approved, the 461 allows multiple travel over a 5 year period and there is no need to spend any certain time in Australia in order to keep the 461. Therefore, my advice would be to apply for the 461 while in NZ. This would mean that you would meet the first 184 period for the NZ PRV while waiting for the 461 to be assessed. Then, you only have to do another 184 days in the second 12 month period before moving to Australia. While in Australia you could apply for the NZ PRV after you your wife has held her NZ residence visa for over 2 years.
It is really important that you gain the NZ PRV.
Thanks
Cameron
Hi Cameron,
I’m New Zealand citizen and my partner is currently living with me in Auckland on NZ partnership work visa, we have known each other for 17 months and have been together for 14 months and lived together for about 10 months, I’ve gathered all the documents to apply for 461 visa: joint accounts, joint tenancy agreement, calls history, photos etc. But I’m still worried if the officer has a doubt will he just request more evidence or it’s possible that he refuse visa straight away?
Hi Sergey,
A case officer does have the power to refuse an application without requesting for further information. This is unlikely, but it is still possible. Your timeline for your relationship looks good for a 461. However, you would need to support the application well. If you need any help, email me – cameron@visaaide.co.nz
Thanks
Cameron
Hi, great post, thank you for the information. I am a NZ citizen who moved to Aus 10 years ago & my fiance is Canadian and an international teacher therefore we both travel a lot & have lived in various countries together depending on work requirements. We now plan to settle down in Australia in July 2019 and he has acquired a one year working holiday visa as a temporary solution (this was before we realized we’d fit the criteria for a 461 visa.) My question is, would you advise starting the 461 visa process now, in hope that the 461 visa will be approved before the working holiday visa expires? Or wait until it subsides? However is it likely that a bridging visa be granted to tie him over until a 461 visa is approved?
Thank you
Hi Samantha,
My advice in most cases is, if you meet visa criteria now don’t delay in case there are changes, apply now.
Cameron
Hi,
Firstly thank you for the service you’re providing, I really appreciate it.
My Situation:
My husband is a NZ Citizen who has been offered a Job in Australia. I’ve been living in NZ with him for the last year since we’ve got married. I’m currently on a Work Permit in NZ. Now that he’s got a new job in Australia we will be re-locating. I understand that my Husband will get a SCV on Arrival to Australia as he is a NZ Citizen. However for me we are looking to apply for the 461 Visa once we land in Australia.
I have 2 questions that I would like to ask you.
First, I’ve been given a 1 Month Visitor Visa to Australia so we intend to apply for the 461 Visa as soon as we arrive in Australia so we can be living together through this process rather than living in 2 different countries. My understanding is that I will be given a Bridging Visa as soon as the Australian Immigration receives my application which will allow me to stay in Australia for the duration of my application? Can you please confirm if this information is correct?
My second questions is. What are the time frames to have the 461 Application assessed, I’ve heard that it can take up to 16 Months which really scares me as I would like to start working asap.
There are no complications in our application that I can think of, we both have no criminal history and I will get my medical done once requested by the Australian Immigration (Did one in NZ few months ago for the NZ Work Permit and had no issues). I will also be taking the Insurance on arrival in Australia.
Would really appreciate your feedback and look forward to your answers 🙂
Regards
Charishma
Hi Charishma,
Happy New Year!
Yes, you should be eligible for a Bridging A visa as long as you lodge your 461 application while in Australian on your valid visitor visa. Please note that you are unlikely to receive work rights.
Processing time is approx. 19-22 months.
Thanks
Cameron
Great read Cameron, thank you for making this article!
I’m a kiwi in Aus, my partner and I applied in April 2017 and yet to hear anything about our application, the 22 month mark is slowly approaching… but am sure it will be extended again – hoping 2019 is our year!
My query is, instead of providing police checks from Canada and France (where he lived for over 1 year in each), he signed a ‘character declaration form’ confirming he has no criminal convictions in any country and had it witnessed by a police officer. Is this sufficient, or is it likely we will be asked to obtain police checks from Canada and France once we are assigned a case officer?
Hi Laura,
It is very likely that your partner will be asked for the police certificates. Visit https://immi.homeaffairs.gov.au/help-support/contact-us/offices-and-locations/list to find instructions.
Thanks
Cameron
Hi
My husband has lodged his file in last April 2018 and they grant bridging visa C with allowed work. Still we are waiting for the reply from them as we don’t know who is our case officer. My husband tried to call them but there is no option to contact them it’s always end up from their side . Also we are thinking to go for holidays this year but just worried about his file also he has to apply for bridging visa B or A for travelling as well. Please advise me what should we do so we can plan accordingly. I request you to send me reply in my email as I am not using this website regularly. Thanks in advance.
Hi Rupal,
I have emailed you.
Thanks
Cameron
Hi Cameron,
This is really usefull post. You are very knowledgeable!
Just a quick question. Im currently under the student visa which will expire by july 2019. If i will lodge my 461 visa this month jan 2019 when they will usually grant the bridging visa? I do afraid that my visa will get expired and i have to leave the country.
As well do i need to submit statutory form? It does not mention on immig site for 461 but this form are one of the requirement for partner visa.
Thank you and looking forward to hearing from you.
Regards
Leo
Hi Leo,
If you are eligible to apply while in Australia on your current student visa then you should be approved a bridging visa A which will sit out of effect until your student visa expires.
No, a statutory declaration is not normally required in a 461 application.
Thanks
Cameron
What qualities as high and low risk applicants?, my partner is waiting on a 461 visa. Does it mean the country where they are from. She’s from Ukraine, does it mean our application will take longer as she is from a high risk country?
Hi Terru,
High risk could mean a few things. In a 461 application, risks may include the age gap between the couple, adverse immigration history, etc, etc. In terms of a Ukrainian national being assessed under 461, I feel the risk associated with the country is not really going to be given much weight in the assessment.
Thanks
Cameron
Hi Cameron,
I am a NZ citizen and have lived in Australia since 20th Jan 2009. My wife is from China and we applied for a 461 Visa in March 2018, she is currently here under the Bridging visa A, with no conditions. We are wanting to visit my parents in NZ at the end of Feb 2019 for 3 weeks. We will apply for a Bridging visa B so we can travel. I am wanting to know, if or when she is granted the BVB, will that cancel her BVA ?. I have been told different scenarios about this as we do not want to lose the ” no conditions ” on her BVA. I have heard that she can hold BVA and BVB at the same time, is this true ?. Can you please help. Thank you, Kind Regards Steve.
Hi Steven,
On another subject – have you had a look to see if you are eligible for the NZ stream of the 189?
Applying for a BVB should not cancel the BVA and therefore, you should not lose the “no conditions”. The conditions of the BVA was based on the conditions of her last substantive visa. A visitor visa has 8101 no work, hence anyone applying for a 461 in Australian while on a visitor would normally no get work rights.
When the BVB is approved, the BVA sits out of effect. When you travel back to Australia after your trip, the BVA will come into effect once the BVB ceases.
I hope that helps.
Thanks
Cameron
Hi Cameron.
I applied for my NZ partner Visa in December 2016. They still haven’t asked me for my medical yet but we’ve supplied all the other information. My partner needs to apply for her Australian Citizenship in the next few months so she can get her Uni tuition paid. What happens to my visa application if she applies for her citizenship?
Hi Robbie,
If you partner gains Australian citizenship you will no longer be eligible for the 461 visa. The reason for this is that an Australian citizen can not be granted an Australian visa. For the 461 visa to be approved, your partner needs to be eligible for the 444 or SCV.
Does your partner already hold Australian residency? If so, I would want you to look at a partnership visa 309/100 or 820/801 as your partner may not hold a 444 or SCV currently.
Cameron
Hi Cameron
I am a New Zealand citizen living and working in Australia on a 444 Visa. Am I able to have my defacto wife in the Philippines apply for a 461 Visa so she can come and join me here for the next four years until I retire back to New Zealand? When she applies she will be in the Philippines and I will aready be here.
Thank you
Hi Pat,
It is possible to apply while you are not living together but you would have to show that you have previously lived together for a considerable amount of time and that your relationship is still ongoing.
Thanks
Cameron
Hi Cameron,
I am a NZ citizen living in London with my Spanish partner of 9 years. We are wanting to move to Australia, and I have a few visa queries I hope you can help with!
– Can we apply for the spouse visas? 309/100 if we apply from UK, or 820/801 from Australia? From reading the criteria it looks like we can’t as I am not an Australian Permanent Resident. Is that right?
– so the other option is the 461 visa, and sounds like we are better to apply for this overseas, as entering Australia on a visitor visa first before applying sounds risky. And he may not get work rights on a bridging visa (as doubt we can show financial hardships) right?
– or third option is he finds a company who would sponsor him. I think this would be the quickest!
– lastly, NZ has the visa for returning NZers who have been away for 5 years, to be able to sponsor their partner and get a permanent resident visa. If we got this first, are NZ permanent residents able to arrive in Australia and work on a temporary visa while we apply for the 461? Or do NZ PRs not get any special rights?
Thanks so much
Laura
Hi Laura,
If you are not an Australian citizen, resident or eligible NZ citizen then you are looking at subclass 461 as you can not sponsor.
Have you looked into an Australian 462? This might get your partner in with work rights and then have the 461 lodged.
A company sponsoring could be an option although it can be a very difficult one at times.
A NZ permanent resident does not have access to Australia, only a NZ citizen with no health or character concerns.
CAmeron
Hi Cameron,
My partner is a NZ citizen and we have lived in Australia for 10 years now with me on a 461 visa (I’m a British citizen). In March 2018, we applied for the 189 NZ stream visa but this was rejected in Dec 2018 on income grounds, one week after my second 461 visa expired. I am now Section 48 barred and cannot apply for another 461 visa onshore.
To complicate matters, I’m due to give birth in Feb so not in a position to leave the country. We have therefore appealed the decision with the AAT to buy me more time and extend my current BVA long enough to give birth. It has been suggested to us that once I am able to travel, I should apply for a BVB, travel to NZ, lodge an offshore 461 application and then return to Australia to await our tribunal date for the appeal. If the 461 is approved before this (possibly unlikely given the current processing times!), I would then travel overseas again, cancelling my BVA and re-entering the country on my new 461.
My concern is that my application might be rejected on the grounds that I will possibly be in the country when the decision is made on the 461 visa. Or I would hate to have it approved, leave the country and try to re-enter only to find the 461 has been cancelled or withdrawn because I was in the country when it was granted. And I can’t stay offshore as I need to be here for the tribunal hearing.
Just wondering what your thoughts are on this messy scenario!
Thanks
Nicola
Hi Nicola,
If you lodge a 461 application onshore and you travel onshore, the department will contact you to depart if they are looking to make a decision, so no issues there. I am more concerned with the timing of everything and I want you to get in contact with me so we can discuss – cameron@visaaide.co.nz
Hi Nicola I’m in the same situation than you. I have two nz citizen children here in Australia and live and work here for more than 10 years. In 2018 i applied for 186 and it got rejected and currently under appeal. I have no idea what to do. Im the only parent to these kids and I can not break up there life here in Australia 🙁
Hi Cameron,
I am currently in Australia under a 457 visa and applied for my 461 in April 2018. At that time visa processing times were 11 to 14 months. Does the application date matters at all or am I still impacted by the delay?
Also, I am planning to quit my job in June and I believe my 457 will be then cancelled. I would like to travel in July and I believe I need to apply for a Bridging visa B? Is it easy to apply and no risk for me to come back? Would that application impact my 461 at all?
Thank you in advance!
Angela
Hi Angela,
Your 461 application will likely be impacted by the delays.
You should hold a BVA which is sitting underneath your 457 if you lodged a 461 onshore while on the 457. If you resign and your 457 is cancelled your BVA should come into effect. You would then apply for the BVB for travel. I can’t see that this would effect the processing of your 461. Best to check with the dept to ensure that your plan is ok.
Cameron
Hi Cameron,
I have two questions.
1) I am Italian and I have applied for the 461 Visa in October 2018. I’m on a student visa atm which is going to expire in April 2019. I already got a bridging Visa A (which will be valid from April) which has the exact same working restrictions of my Student visa, with the difference that I won’t be studying while on the bridging Visa so I will be able to work full time. But the problem is that I’ve applied for my dream job and they said that I have to wait for the 461 Visa because my bridging Visa says “Working Restriction”. Basically is just a technicality but because of that I have to wait to apply for this job, and we all know the long processing time. Is there anything I can do to change my bridging Visa to “No Working Restrictions”? Or any other ideas?
2) Being Italian I have the reciprocal health care for 6 months everytime I enter the country. I still have my Student insurance but I’m not sure what I should once I’ll get on the bridging Visa. Should I get private health cover or it will be enough just to leave Australia every 6 months?
Thanks a lot!
Hi Jan,
Get health insurance, now. You will need it for the 461 and leaving every six months just for insurance purposes doesn’t make sense.
Have you held a 417 working holiday? Are you eligible?
You could look at financial hardship and apply for a BVA with full work rights. However, there is a high threshold for demonstrating financial hardship.
Cameron
Hi Cameron， thanks for the important informations, i applied the renewal 461visa on Aug 2018, i didn’t realize the processing time may takes 2 years, i am holding bridge A,i am having a couple of oversea travel plans this year, i am wanting to know if this frequent bridge visa B applications would affect the my 461 application? many thanks
Karen
Hi Karen,
I can’t see that the BVB would make a difference to your 461 application.
Cameron
hey Cameron
so me and husband got married last year in august 2018 so right now we are living in 2 different countries i am living in australia but i am a new zealand citizen and i am planning on applying for 461 is there another option for me and my husband because i really want him here with me or is 461 the best visa for my husband to come on. and how long will it take if i apply for his visa here in australia
thanks
Hi Fatima,
In most cases the 461 is the only option. However, if you want to discuss this further email me and I could take a look at any other possible avenues – cameron@visaaide.co.nz
Cameron
Thank you for this post Cameron. I currently hold a 461 Visa which expires April 2020. I have worked in Australia since 2015 and my situation/relationship to my NZ partner remains the same.
My question is how long should I wait before renewing? And will I be granted a bridging Visa so that I can continue work? (I am a Casual worker but I’ve worked on a regular basis since 2015).
Hi Louie,
Good question. My advice is to apply now given processing is taking almost two years. If you get it early, well, that’s great. However, if there are complications that are unforeseen, then it may just give you the time to sort it out.
Cameron
Hi Cameron,
I have been living and working in Australia for 5 years (arrived in 2013), I got granted my 461 visa in 2015, this year I would like to apply for the residency/citizenship, is it possible?
My work is not eligible for sponsorship, but I have been living here for over 5 years now and I would really love to get the residency very soon and have access to Medicare and have my Australian passport, etc (I am French).
Many thanks,
Hi Alison,
Unfortunately, a 461 does not lead you to residency. Therefore, you need to look at alternative visa options.
Thanks
Cameron
Hello, and thank you for the time and effort you spend helping us via your website.
I am English and married to a New Zealander, and for the past 5 years have been living in Australia on a 461 visa. In June 2018 I applied for another 461 visa to extend my stay (I applied within Australia). I have since been granted a bridging visa as well as a BVB visa to allow me to leave and return to Australia but the BVB only has a validity of 6 months.
My mother is currently unwell and I was hoping to travel back to the UK to be with her for approximately the next 12 months. From what I have read, it is not possible to wait for my visa to be approved when outside of the country Are there any exceptions to this rule? The last thing I want to do is have to re-apply when I get to the UK and head straight to the back of the line.
Do I have any options in this situation?
Many Thanks
Hi Emma,
This is a tough one and I am sorry you are in this situation. I feel you have two options. One, travel overseas, let the BVB expire, apply for an eVisitor to get back to Australia then have the 461 completed. Two, withdraw the 461, travel overseas, lodge another 461 while outside Australia.
Option one has its risks – what if you didn’t get approved a visitor visa to get back? What if you did get back as a visitor but then it takes a while for the application to be finalised? No work rights for that time could be an issue.
Option two – what if the offshore 461 application took more that 12mths to process?
Maybe there is another option – contact the department and explain your situation and see if they can assist by getting the current 461 application processed now.
I hope this helps and that your mother is ok.
Cameron
Hello,
I’ve applied for my husband’s visa in November 2017. It’s now February 2019 is there any explanation for this? We have yet to hear back?
Hi Sarah,
It’s time to contact the department for an update I think.
Cameron
Hi Cameron,
Thank you for this great article.
I am coming to Australia with an ETA and I am not sure yet if I should apply for the 461 onshore or offshore. If I apply onshore, will I be able to have the bridging visa only once the ETA expired? If I apply offshore, after the ETA has expired what are my options to come to Australia if the visa hasn’t been approved yet?
Many thanks,
Best Regards
Mathilde
Hi Mathilde,
Yes, normally you would be approved a BVA if you lodge your 461 application while holding a current ETA. However, you may not hold work rights.
If you apply offshore, then travel on the ETA, you could depart every three months, or apply onshore for a visitor visa to extend your stay. However, departing every three months will eventually bring you to the attention of border and you could be refused entry as a non-bonafide visitor. Also, you could be refused a visitor visa if you apply onshore for the same reasons.
My advice – apply offshore and wait offshore. You can visit on a semi regular basis but you would need to spend more time outside Australian then in while holding a visitor or ETA.
Cameron
Hi Cameron
I am NZ citizen & got married in July 2018 in india. I got back to NZ in feb 2019 & my wife is still in India. Can i apply 461 visa here in Auckland office or has to apply in india?
Hi Sunil,
You are encouraged to lodge the application with the nearest processing office (or AVAC) to the visa applicant.
Cameron
Hello Cameron
I’ve been in Australia for 12 years on sub class 461, been living working here full time. My husband passed away in 2010 but I was still able to renew my visa in 2012 (took 1 month to process only at that time)and continue living here, I dont have any kids. My visa expired again in April 2017 and since then the application has been in process (its been 22 months), any attempt to contact immigration has been futile as they don’t respond over emails and the immigration help line dont have any information about my application. I’m now starting to get worried.
is there any information you can provide to assist with my situation?
Many thanks
Sami
Hi Sami,
I am very sorry to hear of the kind of situation you are in. 22mths for a 461 roll over is incredible.
Unfortunately, I have no real advice on how to get the application completed other than by contacting the department, which as you say, can be futile.
Cameron
Hi my husband has to renew his 461 visa, what forms does he need to do? We are both from the uk, and he is still living in Oz. I have returned to the uk due to family and health issues and hopefully will go back. Does he need a medical, some people have said he doesn’t. I have both an English and NZ passport.
Hi Tracy,
Form 147 is what you are after. A UK citizen may get away without completing a medical and xray.
Thanks
Cameron
Hi, i was granted 461 last year and my partner wants to apply for 189 and include in his application. Do we need to wait until 461 expires or it is possible to do it before my current visa expire. Otherwise, i will have to wait 4 years more to apply for PR?
Hi Yoli,
If you meet residence criteria now, apply now.
Cameron
Hi
I am UK passport holder wanting to apply for 461 to Australia as my partner living in Australia. do I need to submit Police clearance and the medical at the initial submission?
I can apply on shore, as i plan to visit them on evisitor?
thanks
Hi Pushpa,
There is no need to provide police certificates or medicals at time of lodgement. I would provide provide police certificates after the application has been lodged for around 6mths. I would wait until immigration contacts you about medicals.
Also, read the below posts about work rights when lodging onshore.
Thanks
Cameron
Hi Cameron,
Your blog has been so helpful and hopeful especially where I read that offshore partners can be sponsored to visit Aus while the 461 is getting processed (which would be amazing for us). I’m wondering if I can sponsor him to visit the kids and I in Aus or will he still have to be sponsored by an Australian permanent resident/citizen family member?
Hi,
Please note that a NZ citizen cannot sponsor a visitor visa unless they are considered an eligible NZ citizen or permanent resident of Australia. Check the departments website for further information.
Thanks
Cameron
Hi, Cameron
My boyfriend is an NZ citizen, and he has been in Australia for 2 years.
I’m currently holding a working visa and it will end up in April 2020.
Since the 461 visa takes quite a long time, should I apply it now or wait until my current visa expires?
If I apply 461 now and keep waiting until my current visa expired, would I be granted a bridge visa?
Hi Jessie,
You must make your 461 application prior to your current visa expiry if lodging the application onshore. If you do this, you should be eligible for a bridging A visa which should have the same work rights as your working holiday.
Please note that you must meet the 461 criteria at the time of lodgement. This may dictate the timing of when you lodge your 461 application.
Cameron
Hi there,
We recently applied for a subclass 461 for my wife who’s an EU passport holder (Spain). The application was lodged back in November 2018 with all supporting docs, including police cert, here at the London office. We promptly recieved a notification letter of receipt within a couple of days and a case ID was assigned. When we checked the online case system our case number was not found – any idea why this might be? Also I heard that it can take less time to process compared this visa to if done within NZ / Aus and if applying from the UK is that correct? How long do you think it can take?
Ta
Mish
Hi Mish,
The latest processing time is around 21-25 months. We are hearing shocking processing times coming from applications lodged within Australia. Offshore is still bad but it seems to be slightly quicker.
The system you are trying to use to receive an update is fairly useless in my mind. I would contact the processing office for an update but don’t be surprised if you do not receive a response.
Cameron
Thanks Cameron – this has been really useful to know. One other thing I wanted to know was that given we applied for the Subclass 461 here in London (i.e. outside of Australia), does it matter where we are in the world during the application processing times? For instance, if we moved back to NZ I assume we don’t need to be physically located in the UK while we wait for the visa to come through? Not sure what the implications of this could be…? Many thanks.
Hi Mish,
No, it would not matter where you are while the application is being processed. However, case officers do have the power to transfer cases to other branches if they feel it is appropriate.
CAmeron
Hi Cameron, thanks for all the great advice above. I have a couple of questions regarding the 461 renewal process. We have recently submitted a 461 renewal onshore for my wife (current 461 expires Oct 2019).
When it does expire, will she receive any notification of a BVA automatically, or is there another application process for a BVA?
Also is it likely that the BVA would come with the same work rights as she has on her 461 so that she can continue working in Australia?
Finally we are about 2 years away from being able to apply for a 189 NZ Stream visa, I have kept my salary above the minimum threshold each year so far, but noticed someone above got their 189 visa declined on income.
Whilst I have earned over the threshold each year I have changed companies a couple of times. Do you know if I have to have earned over the TSMIT in 1 job over the whole financial year, or is it still ok that say this year as I have changed jobs in December I will be over the TSMIT when you add the 2 salaries together.
Hi Andy,
Your wife should receive confirmation of the BVA approval. Also, it should provide the same work rights as the current 461.
On the 189 – your best to email me to discuss further – cameron@visaaide.co.nz
Thanks
Cameron
Hi Cameron,
My de-facto partner is Kiwi and I’m Canadian/American. I have an official address in the US, but spend all of the year bouncing around Asia. I had a friend who recently (2 years ago) got their 461 through the Seoul office (they were living in Japan at the time) and it took around a month after they submitted their documents. Am I at a disadvantage applying at the DC office, when I could set up shop in Seoul, patiently wait, and apply for the visa there? What is your advice? Which office do you think is better to go through US or elsewhere in Asia? I actually have tickets to Aus on September 2nd, and still have working holiday visa to use but definitely want to go for the 461. Any advice is appreciated, thanks!
Hi Emily,
The department is able to send your application anywhere in the world to be assessed. Therefore, you may make an application in Seoul but it may be transferred back to Washington.
Normally, your application would be processed at the closest office to you usually country of residence. However, they do not need to stick with this rule.
You could contact each processing office for their current processing time but I feel you would get the same response from both.
Cameron
Hi I applied for my husband’s subclass461 Visa in August 2018 and the case office contacted us on 14 Jan 2019 asking for medical….after that we dint hear anything from them ….how long does it takes after the Visa officer contacted us ..
Hi Ravinder,
Medical results would normally take around 1-2 weeks to be received by the department. If they are not cleared, assessments can take weeks if not months.
I would suggest you get in contact with the case officer or processing office as soon as possible.
Cameron
Hi, I am about to submit my husbands 461 visa onshore so he will be on a visitors visa when we do this. If he then applies for a bridging visa will he be allowed to work? I am just trying to figure out how we will survive without him being able to work? also do you know what bridging visa he will need to apply for? Regards, Tam
Hi Tam,
A bridging A issued to a visitor visa holder would not normally have work rights if a 461 application has been lodged.
Cameron
Hi Cameron
My wife applied for a 461 while in Bangkok
When she applied she had a valid Tourist visa but was not in Australia
I have now gained a job in Australia and need to stay in Australia
what are our options?
We Have a 2 YO NZ citizen son and being separated for over 2 years waiting will be extremely hard for us.
Will she have been granted a Bridging visa when she applied?
or can she now apply for any visa that we can use while we wait for the 461 to be processed?
Thanks
JOSH W
Hi Josh,
Given the 461 application was made offshore your partner would not have been granted a bridging visa. Therefore, traveling on a visitor via would really be the only option until the 461 application is completed.
Cameron
Hi Cameron,
I am a New Zealand citizen living in New Zealand. My wife is a national of an Asian country. I will be going to Australia for few years on a work contract. Is it advisable to
(1) Apply for the 461 visa for my wife from within New Zealand itself? I am worried about the time it may take for my wife to get it. I have to report to my new work by end of June this year.
Or
(2) Would it better for my wife to accompany me on a visit visa and lodge the application from within Australia?
Since she already has a New Zealand PR visa and moving from within New Zealand, will things move more smoothly in her case? Is there somewhere you could refer for a document checklist?
Is it compulsory for me to provide birth certificate or just copy of my New Zealand passport would be fine?
Many thanks and regards
Steven
Hi Steven,
If your wife does not already hold a valid Australian visa without a no further stay condition it may be difficult to obtain one in order to lodge the 461 application onshore. However, if your wife is eligible for an ETA she may be able to obtain this and then lodge onshore. Please note that it would unlikely that your wife would gain work rights on the BVA if she arrived on a visitor visa and lodged the 461 onshore.
Lodging offshore would mean that your wife could work in NZ while waiting. The processing times in Auckland may be very similar to processing times in Australia. Holding PR of NZ would not make must difference to the case whether it was processed onshore or offshore but may mean that she is covered under the reciprocal health agreement.
Visit https://newzealand.embassy.gov.au/wltn/Visas_and_Immigration.html for a 461 checklist.
Cameron
Thank you for the reply Cameron. Much appreciated. I was wondering, if your company can advise New Zealand citizens in gaining full permanent residency status/Visa in Australia, if an appointment is arranged.
Hi Steven,
Yes, we can assist. Send me an email – cameron@visaaide.co.nz
Cameron
G’day , I’m currently on a subclass 461 visa that expires on 20 April 2020 , when should I apply for a renewal of my visa ? TIA
Hi Tia,
Apply now. The processing time is 18-24mths currently.
Cameron
Hi Cameron,
I am a NZ citizen living in NZ with my partner from South America.
Can he apply for 461 now and working holiday visa a few months later? Our plan is for him to go to Australia a few months earlier than me, find a place for us and then I’ll join (I have work commitments)?
We don’t want to wait for over a year before we can move there together.
Thanks for you help. Cheers,
Peter
Hi Peter,
I would probably lodge the working holiday before the 461. I would also look into applying for the 461 while in Australia on the working holiday as it may be possible to keep the same work rights of the working holiday while on the bridging visa.
Cameron
Hi Cameron,
Thanks for the great information.
I am an NZ permanent resident and my partner is a New Zealand citizen. We have been married and living together for 5 years. And currently, we are living in NZ.
I am planning to apply for 461 visa, but as processing time is too long my partner wants to move to Australia while processing my 461 visa and I’ll be stay here in NZ until 461 visa processed.
I’ve found confusing statements on homeaffairs website regarding this.
At one place it has mentioned if I submitted 461 as an offshore application then
“You and your New Zealand family member must be outside Australia at the time we grant you the visa”
Please refer the below link at Step 5
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/new-zealand-citizen-family-relationship-temporary-461#HowTo
Another place it has mentioned “make sure if the New Zealand citizen is in Australia that they are on a Special Category visa (subclass 444) (they check in VEVO) or they will travel with you to Australia and will be the holder of a Special Category visa (subclass 444) on arrival”
Please refer the below link.
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/new-zealand-citizen-family-relationship-temporary-461
My question is if I submitted 461 as an offshore application whether my partner has to wait in NZ until my application processed or he can move to Australia while my application processing?
Thanks
Hi Don,
If you lodge a 461 offshore, the visa applicant must be offshore at the time of decision. If the application is lodged onshore, then the visa applicant must be onshore at the time of decision.
A NZ citizen either needs to hold the 444 visa (they would be in Australia at this point and not holding another Australian visa.) or be eligible for a 444 visa (out of Australia but no health or character concerns or the holder of another Australian visa).
Cameron
Hi Cameron
Thank you for helping out a lot of people !!
I am probably repeating..but confused about onshore/offshore conditions.
I am NZ Citizen currently in Canada. We (me and my wife ) are planning to apply 461 to explore Australia.
Could you please confirm :
If we apply from Canada ( Offshore ) and wait for the processing time (1-2 years) Am I still go to Australia on 444 in the meantime ?
Do I need to be out of Australia at the time of their decision ? So can I go to NZ at that time and we both can enter Aus at the same time ?
So Simply wanted to know my restrictions while we await the 461 for my wife.
Thanks again !
Hi Sukhchain,
Yes, you would most likely be able to enter Australia on a 444 even though your wife has a 461 application is process. No, you as the 444 holder are not required to be outside of Australia at the time of decision on a offshore 461 application, only the visa applicant. Yes, it may be possible that you could both come to NZ while the 461 application was being assessed.
Hope this helps.
Cameron
Whats the processing time for visa 462 rite now
Hi Vap,
From the DHA website you are looking at around 38-55 days for processing of a 462.
Cameron
Hi Cameron,
I have applied for my 461 renewal for the second time in July 2017 and still have not heard anything back ? I tried calling them and the only response I have got is to wait . I have been working though that’s a good part on bridging visa A since July 2018 but still wondering what’s the travel requirement looks like and what is the maximum wait period to expect the results . Every year it’s increasing when I applied in 2017 it was 6 -9 months , then 12-15 , 19-21 and now 21-24 is there a stop to this increasing time limit ?
Hi Sakshi,
When will the processing time stop increasing? well, that’s a good question. You are right, the times have have more than doubled over a very short time and I do not see the times decreasing anytime soon. 461 applications are very low value to Australia – they do not include an Australian citizen or resident so they are not seen as important. Therefore, they are not given any priority and they have very limited staff processing them. Is is just another part of the special category visa issues which is currently going unnoticed in the media. Unfortunately, the only thing you can do is to wait.
Cameron
Hi
I am a Canadian citizen and I have been living with my partner since July 2018. We have been in a relationship since January 2018. We are currently living in Kalgoorlie WA and I am wanting to apply for a 461 visa. I am now on a 417 visa and I am wondering about the working rights during the bridging visa.
Any help would be fantastic.
Hi Olivia,
Your bridging visa A should provide you with the same work rights as your current 417.
Thanks
Cameron
I’ve applied off shore in London for a 461. However it’s now become apparent that it is unlikely to be through in time before my job offer expires. I can get sponsorship for a TSS 482.
If I travel with my husband (NZer) on a TSS 482… what then happens when I finally get a decision on the 461 if I’m then in Australia on a different visa?
Really appreciate your advice on this.
Hi Sally,
If you are onshore at the time the case officer is ready to make a decision on the 461, they would normally contact you to depart Australia in order for the decision to be made.
Cameron
Hi cameron
Thank you so much for for all the information that you provide and seriously is so helpful well i just get married with my partner she is a newzealand citizen and she live in australia 2 years ago we just know each other in january 2019 we didn’t live togheter we was talking just online for 3 months we get married this month in morocco so we are looking to apply for a visitor visa and then i will apply for a BVA so in your opinion what’s better apply onshore or offshore and my second question do you think the amount of time that we spend togheter will not qualify us for the sub461 we have some evidences and weeding pictures
Thank you so much i wish the best for all 🙂
Hi Ibrahim,
From the information you have provided about your relationship, I feel that you may not meet the 461 criteria. Also, please note that immigration are unlikely to approve a visitor visa to someone who has an intention of lodging a further application while onshore.
I think it’s best if you contact me so I can review your situation before you consider lodging any application – cameron@visaaide.co.nz
Cameron
Hello Cameron.
I have been in a relationship for over 7 years with a kiwi so had 2 working holidays and 5 years of the 461. We broke up not long before my visa expired so I applied for a renewal without him as I am aware it is my right to do so.I have been waiting for over 11 months now, for a simple case where I sent all of my documents again and a statement from him and me certifying we are no longer together (notified the department when we broke up as well).
What shocks me about this wait is that I have been approved as a character years ago, haven`t committed any crime since then and have no partner so nothing to prove in terms of a relationship. Pretty much just my certificate of birth, passport copy and phone number to verify.
In the email I received stating the department received my application there is no officer assigned to my case while years ago when I applied for it I had an officer I could occasionally talk to or check with in regards to the application. Back then took only 6 months so I am shocked by the 24 months waiting process in all cases, as my file is short and nothing changed since I applied the first time apart from being single.
My life is currently on hold and I had to pass on the opportunity of a great job because a bridge visa means no guarantee and no one wants to gamble.
I live in constant fear of waiting and having to leave this country after 8 years of living in it and since I have no family left cannot really go back home. Was wondering if there is a way to contact the officer assigned as I know calling the actual department is pointless. I understand is my choice to be here and I am ready to fight but I am struggling big time waiting for perhaps a fat no while cannot sign a proper lease, buy a house or plan in general. I cannot date either according to my visa renewal conditions, if I do and is serious I shall notify the department and more likely lose the 461 renewal because if I am not single I should apply for a partner visa with the new partner. 24 months is a very long time where lots of life changes. Basically we have no right or no tools to ask about the progress of our application is that correct?
Thank you kindly for dispensing advice to me and everyone else.
Hi Anna,
Thank you for sharing your situation with everyone. Immigration fail to feel the negative implications of the system – they hear about bad situations everyday and see a lot, but they very really feel for anyone that is living in it.
In short, no, there is really no one to contact. Your application does not affect an Australian citizen, resident, or an Eligible NZ citizen. Therefore, immigration’s care factor is at zero.
You are not alone in this situation as there are many more out there feeling the strain. I believe that we need some NZ political intervention but as we all know, this has got us no where with the special category visa situation and because the 461 is for a non-NZ citizen, we are unlikely to get much support if any.
Cameron
Hi Cameron,
What the processing time for visa 461?
Thanks
Hi Jeff,
As of the 30th of June 2019, the department’s website now shows a whooping 26 – 27 months.
Cameron
Hi Cameron,
Thank you very much for your post, I have read it twice along with all the 128 comments! It is very helpful.
I have two questions:
I am a Chinese Citizen married a NZ citizen for 3 years, we’ve been together for 9 years in total, currently I am living in NZ on PRV. Now exactly like your article, he got offered his dream job in Aussie and looking at moving over in 2 months, we are thinking about applying 461. I have a visitor visa already that allows me to visit Aussie for work meetings, after reading your article, I decided to apply 461 while in NZ while he is in Aussie coz I need to work instead of waiting around.
Question No.1 : Do we provide all the police reports when we lodge the visa? or we lodge the visa first and then start those reports?
Before we move back to NZ in 2015, we were living in Fiji for 4 years together, he lived in Singapore/Vanuatu for over 12 months since he turned 16, So basically we need police report for China (me)/Fiji (both)/Singapore (him)/Vanuatu (him)/NZ(both), travelling around seems like a downside now.
Question No.2 : I have a valid Visitor visa expire in 2022, if I lodge 461 offshore, can I still go over and visit him on my visitor’s visa? would it affect my visitor’s visa?
Thank you
Suzy
Hi Suzy,
Police reports are valid for 12mths from the date of issue. They do not need to be include din the application at time of lodgement. Therefore, I would normally say lodge the application to get it into the queue then apply for the police certificates soon after.
The fact you have lodged the 461 does not affect the visitor visa you hold. However, as mentioned in this blog, there are bonafides issues that are raise by you travelling as a visitor to Australia when your long term intention is to live there. Therefore, you travel on your visitor visa at your own risk.
Cameron
Hi Cameron,
I applied for my 461 visa in October 2018, lodged offshore. Since then, I have been admitted to a Master’s program in Australia and have recently obtained a student visa 500. I will be starting my program in July 2019, entering australia with the 500 visa.
My student visa expires in April 2020 (so does my program), and after graduation I would like to work full time. Yet given the processing time for the 461 is around 2 years and that I’ve heard nothing as of yet (it may take until October 2020 or later to get a decision), are there any options for me to consider so I can work full time after April 2020?
I won’t be eligible for a bridging visa since I lodged by 461 offshore, and if I were to apply for a different visa, I would only extend my 500 visa rights which allows me to work part time only (40hrs per fortnight I believe).
Thanks very much in advance – your advice is sincerely appreciated.
Hi Vanessa,
We should probably have a chat about your situation. Email me – cameron@visaaide.co.nz
Cameron
Hello Cameron,
Thank you for all the information you have provided.
I am a New Zealand citizen and my husband is South Korean citizen. We are currently located in South Korea and have been living here together for over 5 years. Our plans are to move to Australia by March next year. We have obtained the necessary Criminal Background Checks. However, due to the long processing times for the 461, I was wondering if it is better for my husband to apply for a Working Holiday Visa (417) first. With a much shorter processing time he would be able to enter Australia by March and start working, then apply for the 461 as soon as we arrive in Australia.
Though with current processing times, the working holiday visa would expire before the grant of the 461, if we apply for a bridging visa, would he be able to work on that?
Or is it possible for us to apply for both the 417 and the 461 at the same time?
Our ultimate goal is for us both to live, work and study in Australia.
Hi Joy,
I am not a fan of applying for working holiday visas then lodging 461 applications onshore. However, I’d say the order of applications would be – apply for the working holiday first, then apply for the 461 while in Australia. The bridging visa A should then allow the same work rights as the working holiday visa.
Cameron
Hi Cameron,
I applied to renew my 461 Visa onshore at the end of Nov 2017, my original 461 Visa expired at the end of Dec 2017, as such I have been on a bridging visa, since then and have been waiting for the Visa to be processed currently for 19 months. (Every month this time keeps on getting pushed out) its very frustrating. Have lived here in total over 10 years, and originally from the UK.
The other part to mention is I am no longer in a relationship with the NZ Citizen, and therefore I am applying to renew, even though I am no longer part of the NZ citizens family. This is something that is stated as being allowed. Previously it stated eligiable criteria for those in my position, such as not have become part of anyone’s family, (which I haven’t) Since 6th June’s update online, no information is stated, other than meeting eligible criteria, but what criteria? I have been unable to find anything. Please can you advise if you know anything about this criteria.
Any advice is welcome. 19 months of waiting is very frustrating, and the goal posts keep changing too.. as I understand processing time is 26 months.
Thanks
Holly
Hi Holly,
There is very little detail on the website currently that refers to the “roll-over” criteria for a 461 visa. However, I would guess that the other criteria that is being referred to would be health and character.
Cameron
My husband is applying for a 461, I’m a NZ citizen who will be travelling to Australia earlier on a subclass 444 . My question is, if we lodge the 461 application offshore, can my husband still travel to Australia for short visits and holidays on an ETA (tourist visa) while it is being processed? What happens if we are in Australia when the 461 visa is granted?
Hi Chrissie,
If the 461 application is made while outside of Australia, your husband will need to be outside of Australia at the time of decision. Normally, if your husband is in Australia at the time an officer wants to decide the 461 application, they will contact your husband to advise him to depart Australia.
Applying for the 461 offshore then travelling on the ETA can bring up some bonafide issues at border when your husband arrives in Australia. They need to consider your husband a genuine visitor which can be hard as he has indicated his true intention by lodging a 461 application. It’s a bit risky but visa applicants do this every day. Normally, my advise is to wait outside of Australia for the 461 process to be completed. However, I understand that this is not always realistic.
Cameron
Hi Cameron!
I want to thank you for putting so much time and effort into replying to everyones comments – I have managed to get some very useful feedback from your replies.
My partner and I are currently preparing all our paperwork to apply for the 461 visa. I am currently on subclass 600 and he holds NZ 444 visa. My visitor visa runs out 17/07 this year and am unsure when to apply for my visa. As we are still in process of gathering all necessary information, I am not too sure how much time I have left. I understand that application as well as all the documents need to be sent to office in Sydney via mail. How long does it take for them to assign me a bridging visa from when I send them the paperwork? When should i pay for the visa online? Im worried wether 10/07 will be too late to send the paperwork.
Many thanks!
Hi Kate,
If you are currently in Australia then I would recommend that you apply for your 461 as soon as possible. As long as immigration accept the application prior to your visitor visa expiring, you should be issued with the bridging visa A which will come into effect once your current visitor visa expires.
Cameron
Dear Cameron,
Thank you for this great article and for all the support you are providing.
I have entered Australia 3 months ago under a TSS (482) visa. As my wife is kiwi, we have lodged a couple weeks ago a 461 application and I got granted a bridging visa A for when my 482 runs out.
Unfortunately, things at work are not turning well and there is a big chance for me that I will loose it. I know that I have 60days to find a new employer to sponsor me under the 482 visa, but if I can’t, then the bridging visa A should become effective. Knowing that this bridging visa is based on my current one, what would happen if I can’t find a sponsored job? Will I be able to remain in Australia until my 461 is done without working?
Thank you for your help!
Hi Sofian,
Sounds like you are in a tricky situation. I think it’s best if we have a chat about this. Send me an email – cameron@visaaide.co.nz
Hello Cameron,
Thank you so much for all the time you have put into responding to all the queries on this thread. I am a kiwi resident in the uk and have just accepted a wonderful job offer near Melbourne.
My husband of 12 years is a Brit. Our daughter holds dual citizenship like me.
My job starts Feb 2020.
We are trying to work out whether to apply for the 461 onshore for him or off shore.
How will he be able to come with me if we apply offshore? Is the ETA visa the lowest risk?
We are too old for working holiday.
He could get work sponsored potentially but was looking forward to a career break and will be needed for childcare duties etc.
If he leaves the country he would have to do this several times before the 461 is issued.
Also I will be able to apply for a returning residents Visa after about 6 months.
We want to take the safest most legal route but the processing times…
Thanks for your thoughts and advice.
Hi Kelly,
I normally recommend lodging a 461 while outside of Australia as processing times are almost 2 years and that’s a long time not working. However, as you have stated, your husband could be a stay at home dad for a while then possibly gain a 482 if sponsored and when he wants a holiday from all that childcare. It is a definite option and is technically legal.
I would say look at your residency options and see if you could lodge something based on your employment once your there. Might avoid a 482 application for your husband.
Cameron
Thanks so much,
so can I clarify which would be the lowest risk visa for him to enter on?
I think you are suggesting try to get my RRV in 6 months and then apply for something more permanent for him after that goes through? I guess with a bridging visa?
Should he then enter on ETA? And us not bother with the 461 at all?
Hi Kelly,
I think it might be best if we had a chat about this. Send me an email – cameron@visaaide.co.nz
Thanks
Cameron
Hi
Me and my wife are current living in korea,but thinking of going back to Australia towards the end of this year, my wife’s 461 visa expaired in March of this year so we need to apply for a new one, so what we need to know is whether she would be able to work on her bridging visa as her substantive Visa would be a vistor visa?
Thank you
Hi Matthew,
It is unlikely that your wife would gain work rights on a bridging visa A if she was to apply for her 461 as a visitor.
Cameron
Hello Cameron
Thanks you so much for all the effort you put here. Really appreciated.
I am a NZ citizen. My husband is a NZ permanent resident, with holding an India passport. He is a professional and he is the main income earner. We have started working on our moving plan to Australia two months ago. After we got our household items and tickets solved, we noticed that the processing time for 461 visa has changed from 9 months to over 20 months. It is completely out of our plan.
May I ask if there is any temporary resident visa available for him that can be issued within a year or less?
Thanks so much
SYLVIA
Hi Sylvia,
Normally, I wouldn’t advise it but you could look at a student visa or sponsored work visa. Issues such as the assessment of Genuine Temporary Entrant and finding employment can get in the way so you are best to tread carefully.
I feel the 461 is the best way to go even if it takes time.
Cameron
Hi Cameron,
Really interesting article and keen to get your thoughts/advice on the best approach for my wife and I.
We’re thinking of moving to AU ideally this or early next year but the visa situation seems to be a lot more difficult than it was getting everything in NZ. She is a US citizen (we got married in the States coming up to 3 years ago), current NZ resident and in October we’ll apply for permanent residency which she should receive.
In an ideal world my wife and I would both work in Aus while a 461 would process with her being on a bridge visa but I’m guessing that’s highly unlikely. If we wanted to live in Aus earlier, is it be best to enter on a working holiday visa, apply for the 461 when we’re there and just accept she can only work only 6 months for one employer at a time? Or should we delay our move altogether, apply for the 461 and just wait.
By the time it gets approved it would be easier to wait a little bit longer and just have her apply for NZ citizenship but we’re keen for the warm weather earlier!
Are there any alternatives you would recommend?
Cheers
Sam
Hi Sam,
Apologies for the late reply. I’m going to risk it and say in your circumstances I would apply for a 461 in NZ and wait for the outcome. We have recently had a couple of quick decisions from Auckland and even if the application did not come through too quickly, I think waiting 6-9mths in NZ rather than 25mths plus in Australia would be worth it in the long run.
There are not really any realistic alternatives other than looking at your residency options.
Cameron
Hi Cameron
Great article and super helpful responses. I’ve seen a few comments on moving from a 417 to 461 which is in line with my situation
I’m curious to know what you think the implications are of firstly applying for a 461 offshore in London (July 2019), then subsequently applying for a 417 towards the end of the year so that I can at least live and work in Australia for a while with my partner during the process (Feb 2020 onwards until the 417 expires)?
Given the long lead times, I’m loath to put my life on hold for 26 months and am keen to get out there as soon as possible and escape the UK with my partner who is from NZ. I understand I’d have to leave Australia when it is actually granted
I know you have said your recommended route is applying for a 461 when onshore in Australia, then apply for the 417 after so that you can get a BVA. But I wondered what would be the downside of doing it the other way around offshore (apart from not being eligible for a BVA..)given the length of time it takes to process
Keen to hear thoughts
Thanks in advance
Hi George,
If you intend to lodge the 461 offshore, then travel on the 417, I would suggest that you wait for the 417 to be approved first before lodging the 461 as this would avoid any potential issues with the 417 assessment.
The only real issue I see here is that you would have to depart Australia in order to receive a decision on the 461. It’s not really an issue as you could take a trip to NZ for a week which should sort this out.
Cameron
Hi Cameron,
Very helpful information! Just wanted to pick your brain for an estimate on our situation.
My husband and I have been together for 6 years, married for 4. He is a NZ citizen and I am American.
We lived in the states for the past 3.5 years and he moved back to Oz the end of Feb 2019 to get things settled for smooth transition while I finished up work commitments (thinking it would only take a year and a bit to process).
We are getting ready to submit all documentation and police records (we have a lot of documentation) this month.
What’s your estimate on time – it seems like it keeps going up. When we first looked it was estimated to be 14-16 months and now is jumped to 24-28. Not looking forward to nearly 2 years apart and concerned by this… any chance it could take less time?
And we are also in need of flying our dog over too – timing is hard to figure out.
Thanks!
Hi Amy,
Sorry for the delayed response as I have been away on leave. If you intend to lodge your 461 application in Australia be prepared for a long wait. If it is lodge outside of Australia, processing times can vary. We have recently had a 461 application processed in 3mths outside of Australia.
Thanks
Cameron
Hello
I have applied for subclass 461 in july 2017 on shore and i got my bridging visa. The first one I applied from NZ and got to join my husband who is is on SCV in Australia. Its almost 25 months and I still did not hear from Immigration and no further communication other than the bridging visa grant letter. No person to contact and no case officer yet.
Hi Ann,
It’s very frustrating! I would hope that you are nearing the finish so hang in there.
Cameron
Hi Cameron,
You are a genius visa consultant after reading the above comments. I am frustrated.
I am a NZ citizen and my wife is PR who loves her country and not willing to be a NZ citizen. Now the reality is she needs to apply for 461. But at the moment the process time is 24 months. Gosh. too long. I am a Christian pastor in NZ and I was just offered a similar position in Australia and it will be a full time job. I don’t want to go there without my wife. My question is if my wife can be granted a 461 visa because I was offered a full time job in Australia. What kind of visa should she apply for? Can she take a risk to apply for a one year visitor visa and stay max 3 months and then she lodges 461 onshore. Plus she was granted a 2 years visit visa three years ago and she visited Australia for 10 days and returned and she has a good record. HELP.
Hi Peter,
I believe we sorted this out via email. Hope it’s going well.
Cameron
Gday Cameron mate you are really putting in the hard yards on this post much appreciated.
I read alot of the comments trying to find a similar situation to me but nothing quite so far as I can see.
Mate my girl is from Spain currently in aus on a 462WH visa. We became and item back in March this year. Since together we have spent every second we have travelled to Thailand together and spent every break at my house co habitating. But haven’t officially signed any documents to that effect. She and I technically live in different locations. In Perth and kept it that way for the sake of a day or 2 here and there when our work rosters didn’t quite match up as we both work fifo on sperate sites from the one which we meet at. My questions are. Should we attempt the 461 based on what we honestly have at the 7month mark hoping the officer can see we are a genuine couple. Or do we end up biting the bullet and she goes back to Spain for a few months then to Bali for a few where I can regularly visit her then get her back in on a tourist visa when we hit the 12month mark. And if she gets a bringing visa at that point what would her work rights be on the bridge in either scenario?
Hi Steven,
I’m going to say “stay safe” and not lodge a 461 just yet. I feel you need time living together before lodging the application. Ideally this would be 12mths. However, you can get away with less but it becomes risky. Have you looked into whether you can register your relationship in the state you are in? This could be a away around the living together aspect. And no, the bridging A in this scenario is unlikely to have work rights.
Cameron
Hi, a family of 3, all are NZ citizens with no criminal conventions. The problem is I was infected with TB few months back. I’ve completed the first 2 months of intensive treatment and I am no longer sick or infectious. Still required to take medicines for 4 months. In the mean time I am getting good job offers from Australia. Spoke to doctor who’s advised its ok to fly and live anywhere as long as I continue my medicines. They are happy to provide a Med Cert and medicines supply with prescription. Am I still required to apply for 461? is the processing time the same from NZ citizens as well? thanks
Hi Prima,
Sorry, you message was not clear. I gather you are a NZ citizen. If so, there is no need to apply for a 461 and actually, you are not eligible for a 461. If you are a NZ citizen and wanting to travel on a 444, and have active TB it will be likely that you would be considered Health Concern Non-Citizen and be refused entry to Australia. Please visit https://immi.homeaffairs.gov.au/entering-and-leaving-australia/new-zealand-citizens/entry-requirements for more information.
Thanks
Cameron
Hi Cameron,
Thank you so much for your help here and all your effort to answer every question.
I’m German and my partner a Kiwi living in Australia. We have been together for 2.5 years now. I applied for my 461 Visa 18 months ago and at that time the processing time was 90% in 24 months. I haven’t heard anything yet but the waiting time went up to 29 months now. It’s quite frustrating as I’m not getting my dream job being on a BVA, though I can work full time. It keeps getting longer and really nothing happens.
So, am I in the time frame from when I applied or does the current time frame always apply to all applications regardless the lodging time?
My partner planned to apply for PR and include me but we said we wait until my visa comes through. Does it matter if I’m still waiting for my 461 or can he apply for PR now and include me already while I’m still
on my Bridging Visa A? Will this interfere or even cancel one or the other visa application?
Also, if I would renew a 461 after 5 years, is the waiting time the same or is this a different quicker procedure?
Thank you so much in advance,
Katie
Hi Katie,
We are best to have a chat about this. Email me – cameron@visaaide.co.nz.
Cameron
Thank you for your thorough explanation on the Visa Aide Website in regards to the Visa Subclass 461.
I was wondering if you could clarify a couple of things for me:
I am originally from Brazil, I am a New Zealand Permanent Resident and moved to Australia with my NZ Citizen partner in April 2018. I never realised this visa existed so I went on and applied for a student visa, for which I have until February 2021 to find another visa. However, I would like to work full time and work towards a career with the qualifications I have gained so far here in Australia, which is why my partner and I will be applying for Visa Subclass 461.
We are based in Perth and my partner is in engineer up in the mines.
If my visa gets approved before my student visa expires, would I be able to cancel my student visa?
Also, do you think my application would be of high risk? We have been together for 7 years, I am 27 and he is 29, we went through all the partnership proving process in New Zealand to apply for my residency which was approved in a few months.
Thank you for your help.
Hi Lilian,
You can only hold one visa at one time. Therefore, if your 461 is approved the student visa would cease. No, by the sounds of it I can’t imagine that your application would be considered high risk. However, I don’t know your full circumstances so it’s a hard for me to assess the risk.
Cameron
Hi i have my wife renewed her nzed fam visa subclass 461 last year 2018 on the 8th of may, she was given a bridging visa E where she cannot work in australia at all. I want to know is what is process time for renewing? Isnt it suppose to be alot quicker? Up until now 2019 we havent heard anything about the application for renewing her nzd fam relationship visa. The last time we heard from the case manager was when they required the police clearance check and we have provided them that since 2018, it has been more than 1 year now and still no updates on the progress of the visa. Me and my partner is now actually looking at an alternative way or maybe even moving out of the country. Please help us.
Hi Aj,
A bridging visa E? Are you sure? I think you are best to contact me so we can discuss as the bridging visa your wife holds is concerning – cameron@visaaide.co.nz
Cameron
Hi Cameron.
Thank you for this useful website and lots of info. Sorry if my questions were asked before. At least the search didn’t return any results for me.
So the background is I am a NZ citizen, my wife is a Japanese national and has been a NZ permanent resident for over 6 years. We’re considering the move to Australia but 461 visa ridiculous processing times makes it extremely difficult to plan anything with jobs over there. So we’re thinking of applying offshore, get the visa and then arrange jobs etc. I have 3 questions and appreciate if you can answer.
1. If my wife applied and got her 461 visa offshore. Once she’s entered Australia on a 461 visa for the first time does she have to stay there for a minimum term each year (eg 6 months each year) or the minimum time spent in Australia on 461 visa is not restricted? In other words is it possible for example to enter Australia on 461 visa for 1 day, then live for 4 consecutive years outside of Australia and then enter and live and work for remaining 1 year on that same 461 visa (assuming no rules change)?
2. Our 2 kids are under 18yo and both dual NZ-JP citizens so should have right to enter Australia on SCV same as me. Do we still need to mention them as “dependants” in my wife’s application?
3. Do I need to provide Police certificates to Australia to support my wife’s application? It’s a bit confusing when they say you need to provide Partner’s character documents? What do they actually mean by that?
Appreciate your time reading and many thanks in advance.
Kind regards,
Am
Hi Am,
My answers as as per below:
1. No, there is no minimum time that a holder of a 461 would need to be in Australia.
2. No, your children would not be included in the 461 application. However, you would declare them.
3. Yes, normally both you and your wife will be asked to provide police certificates.
Thanks
Cameron
Hi Cameron
I have a quick question about the 461 visa. If the applicant is granted a 461 visa offshore.. does she/he have to enter in Australia within a set timimg ? e.g. they have to enter within 3 months/6 months etc or it will be invaild .
Please advise
Hi Sukhchain,
No, there is no such arrival date. The visa is valid for 5 years from the date of approval.
Thanks
Cameron
Hi there cam
Thank you so much for taking the time to read everyones questions and responding with real answers!
My question is can I apply for a 461 through my 7 year old son who is a NZ citizen. I am a permanent resident of NZ and hold a south korean passport.
If no, and I went to Australia as planned in jan through an ETA, could I apply for a WHV between the 3 months I’m eligible to be there?
Kind regards
Sera
Hi Sera,
Unfortunately, you would be unlikely to be able to obtain a 461 visa as you may not meet member of a family unit given your son is not the family head. I would prefer that you apply for a working holiday while you are outside of Australia.
Cameron
Hi Cameron,
Thank you for your help with all these questions.
I applied for the 461 in September 2017. I was 21 at that stage. Contacted immigration to see if I can apply for the visa as I am dependent on my Kiwi stepfather and they informed me I was eligible.
I held this visa in 2011-2016. Since then I applied for two ETAs to visit my family in Australia as I was studying in Singapore, my home country.
When I turned 23, I contacted immigration to ask them if I am still eligible for the visa as you have to be below 23 to receive the visa as a child dependent. They said they will look at my age during the time of application.
I finally received a call from them this morning and they asked me several questions about my situation. Whether I have been working (have not worked since I got here, have an 8115 condition), whether I am still living at home (yes), do I pay for boarding (no, I am completely financially dependent on my parents) and if I am disabled (no).
He said that I don’t satisfy some requirements that will allow them to grant me the visa. Mainly since I am able-bodied and above the age of 23. My two ETAs after holding the first 461 visa is also not ideal for the visa being approved.
None of this information was available to me when I applied for the visa. I contacted the NZ centre many times about my age and they did not respond. Now the possibility that my visa might be refused because they extended the processing time since I applied for the visa back in 2017 is frustrating.
They are going to send me an email requesting more information. I am wondering what I can do to ensure I receive the visa considering I did not know that my eligibility will be revoked because of how long the processing time took.
Thanks Cameron if you take the time to answer!
Cheers,
Syaz
Hi Syaz,
As we have discussed, I feel that the department may be incorrect as they should assess your age at the time of application lodgement, not time of assessment.
Thanks
Cameron
Hi, i am canadian and applying for a 461 visa with my kiwi partner.
we were told that we need letters of support from my family and friends. is that just a handwritten letter? or is there a form that is required?
Hi Sef,
Handwritten letters are fine. Just ensure letters of support are signed and dated. It’s best to also include evidence of the author’s signature such as a copy of their passport or drivers license.
Cameron
Hi Cameron,
Firstly, Wow thanks so much for your post and the time spent replying to everyone’s questions.
My question is, I am a NZ citizen with my partner from Ecuador. We have been together a year and spent nearly 6 months living together. We are living in Ecuador but we are hoping to move to Australia at the end of next year 2020 but planning ahead as I’ve seen the processing times.
I was thinking my partner could apply for a student visa from offshore. Once granted we would arrive in Australia and apply for the 461 onshore.
1. My thinking behind this is she will most likely obtain a bridging visa with the same conditions as her student visa, is this correct? Atleast for the minimum she will be able to work part time and we will be together while we wait for a decision.
2. As our relationship is quite new, and I’ve seen it takes nearly 2 years to process. When an assessment is finally made do they take into account the strength and integrity of the relationship at the date an assessment is made?. Obviously after 2 years (waiting time for processing) the relationship would have progressed greatly and we would have been living together for over 3 years and 4 years together. Is taken into consideration, or
4.will they make their assessment based on the situation as at the time of application?
If yes to the later, do you think it would be better to wait until 12 months of cohabitation to lodge an application?
Would appreciate your thoughts on this.
Thanks in advance
Hi Charles,
They will assess the application based on the date of lodgment meaning they will not take into consideration evidence after the application lodgement date – unless it’s adverse information. You may want to delay lodgement in this case. Please not that the student visa criteria has GTE – genuine temporary entrant. If they are not satisfied that your partner is a genuine student and is likely to leave at the end of their studies they may not meet this criteria.
Thanks
Cameron