# subclass 461 HELP PLEASE!



## flamemzo (Oct 28, 2012)

Hi everyone!
I've just got a few questions i need help with please!
I'm about to get married next month to my boyfriend of 3 years (but known each other since childhood) and we plan to move to australia and settle there asap because he moved here to nz last month on a work visa (he is not an NZ citizen but i am). His work visa expires March next year but we dont want to extend it cos we plan to move to Oz instead. We never lived with each other prior to our marriage because in our custom we are not allowed to, and plus we were doing long distance throughout our entire relationship and managed to visit each other every year. SO, browsing through the immigration site, i find that the subclass 461 visa is the way to go (since i am not an eligible NZ citizen). My only question is: 

1. I cannot see anything in the visa or checklist that states i have to prove we've been living together etc etc and show we are in a genuine relationship. It says we only have to show our marriage certificate. Is this true? Have any married couples out there who applied for this visa been asked to supply that kind of information? Does it come later on in the process? Because if we have to, then that would be a problem :-(

2. Am i able to apply for PR in Oz? How soon? Im assuming if i am able to get PR then he would be able to get it too?

3. When we move to Oz (me on SC 444 and him on SC 461 - if all goes well), can i then bring my widowed mother in law over (his mom)? We really want her to stay with us so we can look after her cos she's getting old (in her 60's now). How easy would it be for me to move her to Oz? Can she apply for SC 461 as well?

4. How long does it generally take to apply for SC 461 from NZ? We are both in NZ and will be applying from here. I saw on the immigration site that it can take up to 2 months. Is that the same for everyone?

Sorry for my endless questions but i'd really appreciate your help!! Thanks in advance!


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## flamemzo (Oct 28, 2012)

Okay i cant beleive i missed it but i re-read the checklist and its part of the personal documents part:
"If you are married, please provide certified copies of marriage certificate and 
evidence you are in a genuine and continuing relationship."

Does anyone know what kind of evidence i can provide? After we get married, we are going to join our bank accounts. So far all we have as proof is endless emails, chats and photos. I dont have any rental agreements, bills etc. under our/his name (cos he just moved here and is currently living with relatives). Would emails, a joint bank account and pics suffice? What is the minimum that you can provide? 

Currently i am living with my parents and siblings. The rental property is under mine and my brother's name. I dont think i can ask the Landlord to include his name - it will be very difficult. Water bill is covered with our rent and power bill is under my sister's name as well as phone bill (because she works for an ISP and they cover it). So i really dont have much with regards to putting his name under the bills we pay - does anyone have any suggestions?

I've supported him financially at times (eg. paid for his visa application, part of his ticket etc) ... can anyone suggest what i else i can provide as evidence? Seeing that we plan to apply for this visa straight after we get married, im worried it might get rejected because i dont have much evidence due to long distance? Please help!!!


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## flamemzo (Oct 28, 2012)

Can someone help me pleeeeeeeeeeeeease!!!


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## cjsoyoung (Nov 7, 2012)

flamemzo said:


> Hi everyone!
> I've just got a few questions i need help with please!
> I'm about to get married next month to my boyfriend of 3 years (but known each other since childhood) and we plan to and settle there asap because he moved here to nz last month on a work visa (he is not an NZ citizen but i am). His work visa expires March next year but we dont want to extend it cos we plan to instead. We never lived with each other prior to our marriage because in our custom we are not allowed to, and plus we were doing long distance throughout our entire relationship and managed to visit each other every year. SO, browsing through the immigration site, i find that the subclass 461 visa is the way to go (since i am not an eligible NZ citizen). My only question is:
> 
> ...


Hey I have similar situation as you
Plz contact me 
I'm also in nz 
cjsoyoung gmail com 
Plz email me!


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## Ausstart National (Aug 22, 2012)

Hi Flamenzo

I'm sorry to see, that no one has been able to help you out yet.

I can't answer in too much detail, without re-checking, but the 461 is visa your partner will need to apply for, after you are married. After your married, and living together for a while, all evidence you have of the relationship, including emails, travel photos and your living arrangements including all bank details and rental agreements should be provided with the application. The application needs to show that you are botha genuine couple, and evidence that you have been living as a genuine husband and wife will be really important in the application. 

If your applying next year, then 3-4 months evidence of living as a married couple will be enough. applying as a spouse of a 444 visa holder does not have any living together (minimum time) requirement, but generally, it does require you to live together as husband and wife. If you are not living together by the time you apply, iit will be hard to satisfy the genuine spouse requirement.

For your mother in law...a bit more difficult, but if she is widowed, AND living with you and your husband, then she will also be able to apply for the 461 visa. To be eligible for the 461, she needs to be considered part of the family unit. This requires, the person not have a partner or spouse, lives with you, and depends on you. If you can't show evidence of this, then she won't be able to apply for the 461. If, by the time you apply, you can include evidence of these things, then she can apply the the 461 visa, and travel together with you and your husband at the same time.

As for permanent residency. It is quite difficult to apply for PR for NZ citizens, because they have all the work rights an Australian would have. The only way to try and get Permanent Residency , would be to be employed in a skilled occupation, and become a permanent resident through the Australian skilled migration program. That isn't a fast process, but could be a very long term goal.

Hopefully, if i have left anything out, someone is able to add to my information.


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## helpanswersneeded (Jun 4, 2014)

Ausstart National said:


> Hi Flamenzo
> 
> I'm sorry to see, that no one has been able to help you out yet.
> 
> ...


Hi there im in the same situation and my partner will be applying for the subclass 461 one visa soon . We been together for four years and married for 2 and have one child. I hold a NZ citizen and passport aswell as our son. We have been back and forth from nz and australia without any visa but the automatic entry subclass 444. However we would like to move there with my partner who only holds permanent resident .

Just a few questions? 
How long does it take if i submit while living in nz? 
What documents do i require to prove our marriage apart form marriage certificate?

Thank u in advance


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## SpicyMilky (Mar 5, 2015)

*It takes so long!*

Hi everyone! I am a newbie in this forum and desperate for some advice from members.
I lodged my application in Auckland for subclass 461 visa in 18 Nov, 2014. I really thought it won't take long as I provided all documents with medical check, I work as a nurse here in NZ, my husband is also a professional.
They state processing time is aprx 3 months, however a case officer haven't been allocated yet. I tried to contact Australian Consulate General (Auckland) but an officer "kindly" replied to me that processing time for all applications lodged in Auckland takes 6 months (I couldn't find that information anywhere!). 
Finally there's a question. Does processing time means time from a lodgment day or does it start counting after a case officer is allocated?
Could anyone share their experience or give an advice, please?


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## Maggie-May24 (Jul 24, 2011)

Processing time would start from the date you lodge the application. You may not know when a case officer is allocated if you've already provided all the required documents, medical and police checks, you may simply get an email advising the visa has been granted. Unfortunately the estimated times on the DIBP website are quite outdated, but I believe 6 months is the current expectation.


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## SpicyMilky (Mar 5, 2015)

Maggie-May24 said:


> Processing time would start from the date you lodge the application. You may not know when a case officer is allocated if you've already provided all the required documents, medical and police checks, you may simply get an email advising the visa has been granted. Unfortunately the estimated times on the DIBP website are quite outdated, but I believe 6 months is the current expectation.


Thank you so much for your reply, Maggie-May24! It's a huge relieve to know that they may start processing my application without notifying me about an allocated case officer. Fingers crossed and once again, sincere thanks for your reply.


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## maryjjones (Mar 13, 2015)

SpicyMilky said:


> Thank you so much for your reply, Maggie-May24! It's a huge relieve to know that they may start processing my application without notifying me about an allocated case officer. Fingers crossed and once again, sincere thanks for your reply.


I was just wondering if you'd heard anything on your visa yet? We applied for the same visa about a week after you and we've not heard anything..


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## SpicyMilky (Mar 5, 2015)

maryjjones said:


> I was just wondering if you'd heard anything on your visa yet? We applied for the same visa about a week after you and we've not heard anything..


No, haven't heard anything. The worst scenario is that they may ask to repeat medical tests again after 6 months and you can't do anything about it .


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## maryjjones (Mar 13, 2015)

Frustrating huh!! Hope we both hear something soon!


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## Tryme5 (Feb 22, 2015)

Hi there
For SC 461- in the checklist it says.. We need to fill form 147, 
Do we need to fill form 40 SP AND 47sp too??
Thanks


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## staples.g83 (Mar 26, 2015)

SpicyMilky said:


> Hi everyone! I am a newbie in this forum and desperate for some advice from members.
> I lodged my application in Auckland for subclass 461 visa in 18 Nov, 2014. I really thought it won't take long as I provided all documents with medical check, I work as a nurse here in NZ, my husband is also a professional.
> They state processing time is aprx 3 months, however a case officer haven't been allocated yet. I tried to contact Australian Consulate General (Auckland) but an officer "kindly" replied to me that processing time for all applications lodged in Auckland takes 6 months (I couldn't find that information anywhere!).
> Finally there's a question. Does processing time means time from a lodgment day or does it start counting after a case officer is allocated?
> Could anyone share their experience or give an advice, please?


Hi there, myself and my partner are in the same boat, our application was submitted on Nov 12th 2014, was just wondering if you have heard anything? My Kiwi visa doesn't have long left, and am worrying if I should renew this or not! cheers!


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## SpicyMilky (Mar 5, 2015)

I would probably write/call to DIBP or TT services and asked them to be sure. As far as I know, you can be anywhere but not in Au when the visa is granted , so if you move out of NZ, just inform them about your new address


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## letzblaze (Aug 11, 2014)

current processing time for subclass 461 is more than 6 months... 

i applied for subclass 461 in October 2014 and still waiting... 7 months now and it will be 8 months very soon.

this is my 2nd time applying for subclass 461 visa.

1st time i applied in 2009, i got it within 2 weeks.


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## maryjjones (Mar 13, 2015)

letzblaze, where did you apply for the visa? Was this in Australia?


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## Tryme5 (Feb 22, 2015)

Hi there ... Anyone waiting for the decision on 461?


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## SpicyMilky (Mar 5, 2015)

Tryme5 said:


> Hi there ... Anyone waiting for the decision on 461?


still waiting but at least a case officer has been allocated to my case. They still needed some prove of our relationship. Asked for pics, daughters (who is a kiwi) birth certificate, personal statement to prove that our relationship is genuine and real and yes, friends and family statements as well. Let's see and wait how much longer it takes. Will let you know the result when decision comes


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## letzblaze (Aug 11, 2014)

maryjjones said:


> letzblaze, where did you apply for the visa? Was this in Australia?


Applied in New Delhi..


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## Tryme5 (Feb 22, 2015)

Hi slicymilky
When did u apply?


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## SpicyMilky (Mar 5, 2015)

Tryme5 said:


> Hi slicymilky
> When did u apply?


Nov 17, 2014


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## Tryme5 (Feb 22, 2015)

More than 5 months .... They gave you case officer after 5 months?
Would u mind telling what documents you attached with your application?
Thanks


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## SpicyMilky (Mar 5, 2015)

*Visa has been granted!*



Tryme5 said:


> More than 5 months .... They gave you case officer after 5 months?
> Would u mind telling what documents you attached with your application?
> Thanks


Sorry for not replying sooner. I provided all documents required but they also asked me for friends and family statements to prove that our relationship is genuine and real and my personal statement as well as 10-12 photos.
Yes, it took 5 months for a case officer to be allocated and only a few weeks for visa to be granted *ROLLING EYES*. Probably each case is individual and if I applied as a skilled migrant, I would have had visa already but who could know that "processing" times would take so long! Anyway, good luck to everyone and thanks for sharing your experience


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## letzblaze (Aug 11, 2014)

SpicyMilky said:


> Sorry for not replying sooner. I provided all documents required but they also asked me for friends and family statements to prove that our relationship is genuine and real and my personal statement as well as 10-12 photos.
> Yes, it took 5 months for a case officer to be allocated and only a few weeks for visa to be granted *ROLLING EYES*. Probably each case is individual and if I applied as a skilled migrant, I would have had visa already but who could know that "processing" times would take so long! Anyway, good luck to everyone and thanks for sharing your experience


wow nice.. i applied on 15th october and still waiting.. as of today.. it marks 7 months since i applied.

last month we spoke to case officer... she said family visa is not on priority list right now. said she's working on it.

medicals all done.

this is the not the 1st time i applied for 461 visa... this is 2nd time.

1st time i applied they granted visa in 2 weeks from auckland.. now its taking for ever..


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## letzblaze (Aug 11, 2014)

SpicyMilky said:


> Sorry for not replying sooner. I provided all documents required but they also asked me for friends and family statements to prove that our relationship is genuine and real and my personal statement as well as 10-12 photos.
> Yes, it took 5 months for a case officer to be allocated and only a few weeks for visa to be granted *ROLLING EYES*. Probably each case is individual and if I applied as a skilled migrant, I would have had visa already but who could know that "processing" times would take so long! Anyway, good luck to everyone and thanks for sharing your experience


How many days they took to grant your visa after they requested your medicals?


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## Mjcr1990 (May 15, 2015)

Hey, I just posted a thread about my 461 story has some info in there if anyone needs some help might be useful


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## letzblaze (Aug 11, 2014)

Mjcr1990 said:


> Hey, I just posted a thread about my 461 story has some info in there if anyone needs some help might be useful


thank you.

but if we apply 461 from off-shore there is min delay of about 5 months.. and in my case 7 months now and still waiting.

1st time i applied from NZ, i got approval within 2 weeks.


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## SpicyMilky (Mar 5, 2015)

letzblaze said:


> How many days they took to grant your visa after they requested your medicals?


Hi,

I did my medicals and all police checks beforehand, as I was pretty sure they would request one later- just to save time


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## SpicyMilky (Mar 5, 2015)

Mjcr1990 said:


> Hey, I just posted a thread about my 461 story has some info in there if anyone needs some help might be useful


Your information is very informative and I am sure lot's of people will say thanks to you for your time.From my experience I can add just every case is different. I waited 5 months till a case officer had been allocated and it took just a couple of weeks for visa to be granted. 
I was pretty sure I will need medicals, so I did it before hand as well as Police checks (this bit took a month, thanks to NZ Police terms). I sent bank statement of joint account and prove that we own a house 

. I and my NZ husband have been married for 8 years and have a 4yrs old child. 
You mentioned you had included a "Stat Dec from both of us and one from a friend"
I was asked from my case officer to send 10-13 pics of us proving it's a genuine relationship and ONLY MY personal statement written in a free form.
I was asked also for my friends and family statement. (She said she believed that our relationship is real and genuine but she needed them for the file). I send Form888 filled by my friend and mother in law (can be free form but I found the formal one easier)

So in summa summarum it depends. I would disagree that information is misleading. Everyone writes from his/her own experience, I believe. As I mentioned before, every application and family is different. I just can't understand, why can't they alter processing times on the official site and why does it take so long for a case officer to be allocated to each application?
Best luck to everyone!


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## Tryme5 (Feb 22, 2015)

Finally we got case officer on 15-05-2015, we applied on 21st jan-2015, we are asked to do police checks.. And given 28 days.


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## maryjjones (Mar 13, 2015)

*Approved!*

Hey all, just to let you know, my visa has been approved. I applied on the 24th Nov. It went through about 2 weeks ago. Happy days!


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