# 461 Visa Relationship Breakdown



## Ireland85 (Sep 18, 2011)

Can someone out there please let me know if I have to inform the Dept about a relationship breakdown on a 461 visa? I have found conflicting information and don't know what to do.
Also, what if I meet someone who is an Australian citizen, does that mean that I cannot be in a relationship with that person or does it just mean that I will have to change visa at the end of my 5 year period?
Any help or advice about this visa will be much appreciated!


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## MarkNortham (Dec 19, 2012)

Hi Ireland85 -

The 461 is an interesting visa - the good news is that you can remain in Australia on the 461 even if your relationship has broken down You can even renew the 461 visa at the end of the 5 year period even if the original relationship has broken down (assuming you are in Australia) if you have not entered into another relationship (become a member of someone else's family unit, technically) since the one with your original sponsor broke down.

You may want to check with DIAC to see if they want to be notified of relationship changes prior to renewal of that visa - I see nothing that indicates that they require this, but best to check directly anyway. 

If you enter into a relationship with an Australian citizen, PR, or someone else, that would affect your ability to renew the 461 visa at the end of the 5 year period, but should not affect your ability to hold that visa currently unless you choose to apply for and are granted a different visa.

Hope this helps -

Best,

Mark Northam


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## Ireland85 (Sep 18, 2011)

That was the indication I got alright from reading about it. I will give the Department a call and just clarify whether or not I need to inform them of the relationship breakdown in writing.
Thanks so much for your quick reply Mark, it is much appreciated.
If I do not enter into another relationship, I am still entitled to renew the 461 at the end of the 5 years providing I have remained in Australia for two years, is that correct?


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## MarkNortham (Dec 19, 2012)

Yes - specific requirements per DIAC here:

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

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

The part in DIAC's text that is not very clear is that you must not have become the member of a family of another person at any time since you originally were granted the 461 - so you can't become a member of another family, then end that relationship, then apply to renew the 461 - becoming the member of another family ends the right to renew the 461 visa at the next 5-year expiration point.

Best,

Mark Northam


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## Ireland85 (Sep 18, 2011)

Mark, once again, thanks for your advice.
I just have one more question that I think you will be able to help me with.
If I were to become involved in another relationship with someone who is not a NZ citizen, is this allowed?
I understand that I would have to apply for a Aus citizen partner visa at the end of my 5 year 461, but I am just wondering if I could achieve the 12 month relationship required to apply for this new visa while I am still on the 461.


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## MarkNortham (Dec 19, 2012)

Hi -

Should not be a problem - there is no regulation that says that time you spend in a relationship in Australia with someone other than your original 461 sponsor, would not be applicable towards meeting the partner visa relationship requirements

That being said, you may wish to get professional advice regarding the "big picture" immigration plan for you to map out what you plan to do and how to meet all the applicable regulations. Your case has a few "moving parts" as I like to call them - different situations that are dependent on each other. 

Hope this helps -

Best,

Mark Northam


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## loveozzie (Dec 14, 2013)

Hello Mark,

I'm hoping you'd be kind enough to answer a question for me along the same lines. My Kiwi husband and I are recently divorced and he no longer lives in Australia. Does the fact that he doesn't live here affect my ability to renew the 461? 

Kind regards


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## Oskeyimran (Sep 20, 2014)

I hold a 461, I'm married, got a 3 year old son. What's gonna be the best way for me to apply for a pr


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## Maggie-May24 (Jul 24, 2011)

You or your spouse need to apply a skilled work visa. To be eligible, you need to meet the qualifications for an occupation on either the SOL or CSOL and demonstrate at least 60 points. If either has an occupation on the CSOL, you may also be able to find an eligible employer to sponsor you for a visa.


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## Vergara (Aug 3, 2015)

Hi Mark,

I hope you could help with my below questions relating to the topic..

I hold NZ 461, I'm divorced & my visa is valid till 2017 & i'm looking at the options & eligibility of the renewal of the same visa. The problem is I have been in and out of Australia & does not complete the two year stay in one go.

Q1. My first arrival in Aussie stayed 9 months. Second arrival which is due will be 1 year plus 9 months. altogether28 months. Would this count as the two year stay in Aussie?

Q2. Health Insurance do i have to renew this every year i stay in Aussie?


I really look forward to your suggestions on this.

Thank you,

Vergara


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## Jase2000 (Jan 25, 2016)

*Relationship breakdown*

Hi there,

One of my friends who is currently on a 461 visa has just had his relationship breakdown. His ex partner is threatening to cancel his visa.

Is this possible?

What are his options?

He just wants to move out but is worried it will mean he has to leave Australia.

Any help would be greatly appreciated.


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## CCMS (Oct 10, 2013)

Jase2000 said:


> Hi there, One of my friends who is currently on a 461 visa has just had his relationship breakdown. His ex partner is threatening to cancel his visa. Is this possible? What are his options? He just wants to move out but is worried it will mean he has to leave Australia. Any help would be greatly appreciated.


Sc. 461 holder is not necessarily affected by relationship breakdown and the visa can, under certain conditions, even be renewed after a breakdown of the relationship. He might want to consider future PR options though and it might be worthwhile for him to get some professional advice.

And I would like to shout from the rooftops: no one can " cancel" their partner's visa. Only the Minister of Immigration or his delegates can cancel visas.


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## Jase2000 (Jan 25, 2016)

Hi thanks very much for this info.

I shall let him know and get him to work out what he wants to do.

I have been trying to tell him one else can cancel it other Han those you mentioned, just won't listen to me.

Thanks again.


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## Maggie-May24 (Jul 24, 2011)

As Nick has said, a 461 visa holder is not tied to their relationship in order to remain in Australia. He could likely renew his 461 as well as long as he hasn't entered into a relationship with anyone else. But as Nick has also said, it would be a good idea to speak with a migration agent in order to look at long-term visa possibilities.


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## laura123 (Oct 6, 2016)

I currently hold the 461 New Zealand Family Relationship Visa, I had the same question, but looking into the documents the DIBP sent me when my visa was granted I found the answer in their FAQ section:
21.I hold a New Zealand Citizen Family Relationship (Temporary) visa (subclass 461) but my relationship with my NZ partner has ended. Can I stay in Australia?
Yes. Your New Zealand Citizen Family Relationship (Temporary) visa is valid for 5 years from the date it was granted, however you must inform us if your relationship has ended.

I have already informed them about the change in circumstances.


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