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461 Visa - a few questions


NZStidz

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Hi there

We are a family of NZ Citizens living in Australia. My mum (British citizen) would like to join us as she is not managing financially or emotionally in the UK on her own. We would like her to live with us - my question is would she be eligible for a 461? The website says:

You are eligible for this visa if you are a member of the family of a person who is either:

 

 

  • in Australia as the holder of a Special Category (subclass 444) visa
  • outside Australia, and
    • will be accompanying you to Australia
    • on entry, will be the holder of a Special Category visa.

     

     

 

You must be related to the Special Category visa holder as one of the following:

 

 

  • their partner
  • their (or their partner's) dependent child
  • the dependent child of their (or their partner's) dependent child
  • their (or their partner's) relative who meets all of the following:
    • is widowed, divorced, separated or has never married or entered a de facto relationship
    • is usually resident in the Special Category visa holder's household
    • is dependent on the Special Category visa holder.

     

     

 

As far as I can see she would be eligible but would it be best for her to come first and apply once she is living in my home as a dependent? Any help would be much appreciated as all I can find in the way of advice refers to spouses and children, not parents. Our other option would be to get PR but my understanding is that lately is isn't as easy as that! My husband was moved here from NZ by his employers and has worked for them for over 10 years but his job is not on a skill shortage list - would this matter? Sorry, lots of questions as we didn't have all this visa trouble, just arrived with our NZ passports!

Many thanks in advance.

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I can't see that she's eligible. As I see it you've got two problems.

 

1. Your mother is not usually resident in your household as she lives in the UK.

2. Your mother is not dependent on you. No British parents are ever classed as dependent because of the welfare system there.

 

I doubt you could get it to work, frankly.

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If she were to come here, say, on a 12 month visitor visa and live with us, then apply in month 10, she would be resident with us... I see what you are saying about the dependent thing but the visa is designed to allow family members of Kiwis join them in Oz. It includes partners, children, grandchildren and any other relative. Does anyone have any actual experience of using this visa other than as a partner or child?

 

 

[h=1]About this Visa[/h]The purpose of this visa is to allow non-New Zealand citizens to travel to and live in Australia with a New Zealand citizen family member who is a Special Category visa holder.

The Special Category (subclass 444) visa is a temporary visa automatically granted to New Zealand citizens who arrive in Australia who do not hold a permanent visa.

[h=2]Who is this visa for?[/h]This visa is for family members of Special Category visa holders who are not eligible for a Special Category visa because they are not New Zealand citizens.

 

 

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