# How to renew Visa Subclass 461 after relationship breakdown



## Magda (Feb 26, 2015)

I would like to find out how to renew visa subclass 461 after relationship breakdown with the NZ citizen. 
I called the immigration office and was told I CAN renew my visa for another 5 years, provided that: I have maintained Australian residency (which I had), I continue to meet health and character requirements (yes), I do not became member of a family of another person (no, me and my NZ husband are still married. However, he moved back to NZ 2 years ago and I started to see an Australian citizen 8 months ago). 
However, when I asked HOW to renew my current 461 visa I was told that I need to apply for a new one, which I cannot do because me and my NZ husband had split up, so I don't qualify. 
Is there any other renewal path? I would greatly appreciate your help.
Magda


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## Engaus (Nov 7, 2013)

You can't renew a visa, you would need to apply for a new one. And from what you have said you don't qualify for the 461 because your relationship with your partner has deteriorated. On the IMMI website it states you must be a partner of the NZ citizen - which you are not.

Don't rely on advice from IMMI, they are not there to assist with questions like that, nor are they trained in visas. If and when they provide incorrect advise they cannot be held accountable. 

I'd speak to a MARA agent to see what visa path might be open to you.


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## Maggie-May24 (Jul 24, 2011)

You can apply for a new 461 visa as long as you haven't become the family member of another person. You mention you are now seeing an Australian citizen for the past 8 months. If your status is "dating" with this person, I think DIBP wouldn't view this as a family member (i.e. de facto), so you would still qualify.


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