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NZ Citizen Family Relationship Visa (461)
Old 23rd June 2013, 06:02 PM   #1
Rich_O
 
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Default NZ Citizen Family Relationship Visa (461)

I met my partner while travelling in 2011 and have been in a committed relationship since. She is an American Citizen from New York, and I am a NZ citizen working here permanently on a SCV.

I am looking to have her come to Australia on a "New Zealand Citizen Family Relationship (Temporary) Visa (Subclass 461)" as my defacto partner but understand that in order for me to do this we need to have lived together for a minimum of 6 months (along with the other requirements). Every 3 months one of us travels and stays with the other however in the last 2 years we have not accumulated 6 months, only 3 so far.

Is it possible for her to come to Australia to live with me on a tourist/visitor visa until the 6 months is up and then apply for the 461 visa here or would she then need to leave the country to apply for this. Trying to find the best way to get around and achieve this requirement.

Any help would be greatly appreciated.
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Old 23rd June 2013, 07:56 PM   #2
nvoorst
 
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Nick van Voorst van Beest Registered Migration Agent
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Hi,

Welcome to the forum.

Two things to consider:

Your partner must meet "genuine visitor" requirements for the tourist visa.
If she is in Australia on a valid visa without "no further stay" condition, she could apply for another visa while in Australia, if she meets the requirements for that visa.
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Old 25th June 2013, 09:12 PM   #3
Rich_O
 
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Thanks Nick,

Would there be any other visa options open to her other than visitor/tourist visa?
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Old 26th June 2013, 12:31 PM   #4
nvoorst
 
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Nick van Voorst van Beest Registered Migration Agent
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Quote:
Originally Posted by Rich_O View Post
Thanks Nick,

Would there be any other visa options open to her other than visitor/tourist visa?
That's a hard one to answer without knowing your partners full details (education, work experience etc.). There are a student visas and a myriad of skilled and employer sponsored visas that she could possibly be eligible for.

There is also Work and Holiday Visa (Subclass 462) if she is between 18 and 30 years old.
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Get the APP:
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Android: AUS VISA

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances. Migration advice can only be provided after a contract has been entered into and the required fee has been paid.
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