Australia - 461 Partner of NZ citizen visa or spouse visa questions

[jasetheace]

Hi there,

I am trying to work out the best way to go about bringing my wife to Australia to live with me.

Our situation is this: Im a NZ passport holder/citizen living in Australia on and off since 1993 (note I was not here in Feb 2001). I have always been on the 444scv which we automatically get on entry however last August I was able to get a RRV visa due to arriving here prior to 1994 so I am now technically a permanent resident. Its came with a 1 year travel facility which is up in August at which time im supposed to renew it, however I do not plan to for now. My wife still lives in Thailand and still works but she will quit at end of September and holiday with me while im there in October. While im there we plan to lodge a visa in the hope that she can join me in Oz hopefully in December.

My wife came here in March this year on a 3 months tourist visa and we got married here in Oz while she was here. We have a joint bank account, and enough stuff to prove we have been in a genuine relationship since 2013 and obviously being married will help.

The plan was to apply for the 461 visa for her which is the partner of a NZ citizen visa. Its a 5 year temp residence visa which will do us for starters as it only costs $385 so whilst it might not be the best long term option it suits now while finances are a bit tight. However I have heard that I still have to be on my 444 visa for her to apply for this visa?? Does anyone know if this is the case? It seems that even though I don't renew my RRV I am still considered a PR so does this mean I cant apply for the 461 visa?

Im thinking the other tactic might just be to get her a tourist visa to come over, and then look at options once she is over here. I would ask them to leave off the 8503 due to the fact that we want to have our options open as we are still deciding on the way forward. It would also need to be multiple entry so we can visit NZ.

Any advice on this subject would be appreciated. I realise the best way might just be to suck it up and stump up the $4600+ for the Partner visa but if we can try and get the 461 would save us thousands for now. On that, if we did go that way and lodged it in Bangkok, can we lodge a tourist visa with it so she doesn't have to wait in Thailand until its granted? As im aware it takes months but I want her here before Christmas.

Cheers,

Jase

[simple1]

You can apply for a tourist visa for your partner and then apply for the 461 whilst within Oz. Upon applying in Oz she would automatically receive a bridging visa whist the application is being processed. So long as you inform Immi prior to travel she would be able to exit and return to Oz during the visa processing wait time. A very good thing to do would be to have medical insurance at time of application. Info is supplied on the application form at:

http://www.immi.gov.au/forms/Documents/147.pdf

Doco requirements at:

http://www.immi.gov.au/Visas/Pages/461.aspx

As always cross check any info provided, including the above.

[Gopro]

Couple of points, if she applies in OZ she needs to be there for grant. If she applies in BKK she needs to be there for grant.

You could apply for tourist and state you wish to apply on onshore for 461, however that would fail criteria for genuine visitor technically therefore they might give you a 8503 condition stopping her from applying onshore. They might not give you an 8503 if you don't mention it. You could apply and take your chances it's only $135 online to find out. If no 8503 attached, then you could apply as simple1 says onshore, and get a bridging visa but that will restrict any travel whilst waiting for the 461.

Dependent on processing times

You could put both a tourist multiple entry app in, and your 461 app in at the same time in BKK, and state in the tourist app you have applied for the 461 therefore you understand you have to leave Oz. This multiple entry tourist may give you freedom to move between both countries whilst waiting for approval on the 461.

Horses for courses

Edit : The 461 only applies if you hold a SVC, as you hold a RRV I'd double check this first.

Edited June 24, 2015 by Gopro

[simple1]

Couple of points, if she applies in OZ she needs to be there for grant. If she applies in BKK she needs to be there for grant.

You could apply for tourist and state you wish to apply on onshore for 461, however that would fail criteria for genuine visitor technically therefore they might give you a 8503 condition stopping her from applying onshore. They might not give you an 8503 if you don't mention it. You could apply and take your chances it's only $135 online to find out. If no 8503 attached, then you could apply as simple1 says onshore, and get a bridging visa but that will restrict any travel whilst waiting for the 461.

Dependent on processing times

You could put both a tourist multiple entry app in, and your 461 app in at the same time in BKK, and state in the tourist app you have applied for the 461 therefore you understand you have to leave Oz. This multiple entry tourist may give you freedom to move between both countries whilst waiting for approval on the 461.

Horses for courses

Edit : The 461 only applies if you hold a SVC, as you hold a RRV I'd double check this first.

Actually Immi website does say you can apply for exit and return to Oz whilst waiting for the processing of a bridging visa.

[jasetheace]

Thanks heaps for the info guys, im new to this forum but so far finding it super helpful, you guys are very knowledgeable.

It gives me plenty to weigh up and they don't make it easy..... but yeah I think the fact im on the RRV might be a sticking point for the 461.

So I think I might try and bring her over on a 6 month tourist visa and ask for multiple entry. I can use the excuse of needing to visit NZ where my family lives and come up with a specific occasion. The 8503 is the hard one, I see the advice is to not mention it and hope for the best....... if I was however to say that the purpose of the tourist visa is primarily to visit me but while she is here we want to weigh up our options with a view to living together eventually, after all we are married so would that not have some weighting?

Also Gopro mentioned you can apply for a tourist visa online, really? I thought it was only for certain countries and Thailand wasn't one of them? Can we apply for a 6 month online or just 3 months?

[Gopro]

Yes can apply online.

My understanding your a RRV won't allow your girl to apply for 461. Double check it.