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Elo

461 NZ partner visa - second in three years, any issues?

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Hi there,

 

I've been looking through the threads but can't find anyone in a similar circumstance, so I'm wondering if anyone has any insights.

 

Just over two years ago my ex and I applied for a 461 visa (NZ partner visa) from the UK to move to Australia. I'm a NZ citizen and my ex partner is French.

 

We ended up splitting up before actually moving to Australia, so the visa wasn't used to enter the country. I moved here by myself. I'm now dating a British girl (complicated much!) who's on a 417 working holiday visa. We would be eligible for a de facto visa as we've been together for the requisite amount of time etc, but I'm worried the previous visa might jeopardise our chances.

 

Does anyone know if there's a stand down period? Are you only allowed one within a given time period?

 

I'm thinking the fact that the previous visa was never used to enter Australia must count in our favour, and my ex would write something to say she has no intention of coming over if that would help.

 

Any info would be greatly appreciated!

 

Many thanks

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Guest

Has the first visa been cancelled?

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Hi there,

 

No, not cancelled as such - I never informed immigration - but the visa was never used to enter the country, and will not be in future. Should I just call immigration and have them cancel it?

 

Cheers

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Hi there,

 

No, not cancelled as such - I never informed immigration - but the visa was never used to enter the country, and will not be in future. Should I just call immigration and have them cancel it?

 

Cheers

 

This visa does not operate in a similar manner to a partner visa.

 

Plus your ex's visa is not yours to cancel.


Tiawanna (Tee) Taylor

Registered Migration Agent MARN 1279203

Taylor Made Immigration www.taylormadeimmigration.com

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Hi Tee,

 

Thanks for the reply. Do you know if the outstanding 461 visa will affect my current partner's ability to get a 461 as my de facto?

 

My ex and I are on good terms and she would have no issue notifying immigration to cancel if required.

 

Cheers

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This is just an assumption, but if you've already got one partner on a 461 then I doubt you can apply to have a second partner on a 461. So you may need to have your ex-partner cancel her 461 before sponsoring your new partner.

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I have had a good look and I cannot find anything that suggests there is a limitation on 461 sponsorship. It also should be noted that the ex (if she lived in Australia) could renew that 461 visa for the rest of her life if she stayed single. So it would seem illogical to me that OP could not sponsor another partner, otherwise he too would have to say single or only date Australians or Kiwis. I think that would be unreasonable. So I would take a punt that it is fine to sponsor the new application and I don't think that anything needs to be done about the first visa. But it is that, a punt, as nothing seems to be written down on this subject.

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