geordiekev Posted January 10, 2016 Share Posted January 10, 2016 Hi everyone. I have just recieved the email i was dreading to say that my visa has been officially cancelled. I was on my now ex wifes 457 visa and we would have been applying for our PR this month (we split up in november) In the email it states that i can appeal and request a number of visas which I've looked into with hope. Heres where it gets complicated. I would have studied or something but i moved in with a friends relative and we have pretty much fallen head over heels. Were already booked to head back to nz for one of her friends wedding , I am on the lease now at the home we share , we have a joint bank account for bills , savings etc. I will see an agent this week but I'm wondering if anyone knows if wed be all good in 12 monthish time for me to jump onto her rights as a kiwi. Because i have enough savings to sit tidy on a tourist visa or go to the uk or nz until we reach the required amount of time being together. I have read that with appeals in this type of situation it can take 4-12 months for them to make a decision .. which wouldnt be a bad thing. Any advice or knowledge of similar experiences would be much appreciated .. cheers Quote Link to comment Share on other sites More sharing options...
srh82 Posted January 10, 2016 Share Posted January 10, 2016 (edited) You might want to seek the advice of a good migration agent. Good luck. Edited January 10, 2016 by srh82 Quote Link to comment Share on other sites More sharing options...
Pb65 Posted January 10, 2016 Share Posted January 10, 2016 Hi everyone.I have just recieved the email i was dreading to say that my visa has been officially cancelled. I was on my now ex wifes 457 visa and we would have been applying for our PR this month (we split up in november) In the email it states that i can appeal and request a number of visas which I've looked into with hope. Heres where it gets complicated. I would have studied or something but i moved in with a friends relative and we have pretty much fallen head over heels. Were already booked to head back to nz for one of her friends wedding , I am on the lease now at the home we share , we have a joint bank account for bills , savings etc. I will see an agent this week but I'm wondering if anyone knows if wed be all good in 12 monthish time for me to jump onto her rights as a kiwi. Because i have enough savings to sit tidy on a tourist visa or go to the uk or nz until we reach the required amount of time being together. I have read that with appeals in this type of situation it can take 4-12 months for them to make a decision .. which wouldnt be a bad thing. Any advice or knowledge of similar experiences would be much appreciated .. cheers Not sure but dont rights to live and work in OZ only apply to NZ Citizens or NZ PR with appropriate visa. Not so sure about defacto UK Citizen or even ultimately married to Kiwi when UK citizen not even a NZ PR or citizen. As previous poster said time to consult an agent. Quote Link to comment Share on other sites More sharing options...
AJ Posted January 10, 2016 Share Posted January 10, 2016 I am not saying for one minute it is, but would you not think that immigration would think it a little bit suspect that you just split with your wife in November, your visa been cancelled and you are already living in a new relationship and looking for a visa with a new partner in January? Only saying! Quote Link to comment Share on other sites More sharing options...
srh82 Posted January 10, 2016 Share Posted January 10, 2016 I am not saying for one minute it is, but would you not think that immigration would think it a little bit suspect that you just split with your wife in November, your visa been cancelled and you are already living in a new relationship and looking for a visa with a new partner in January? Only saying! It it crossed my mind as well. Hence the need for a good migration agent! Quote Link to comment Share on other sites More sharing options...
Guest Posted January 10, 2016 Share Posted January 10, 2016 My friend was in a relationship with a Kiwi and they had two children together, one born in Australia but she could not get a permanent visa for Australia - she did have some kind of temporary visa valid for 5 years but the lasy time she went to renew it, it was declined - the legitimacy of the relationship had to be proven despite being together over 10 years, living together and having two children. Her only option was a employer sponsorship because her skills were not on the SOL - ultimately the visa was renewed but they decided to move to her home country as the uncertainty of a temporary visa was too distressing. There may have been details to their case that I don't know but just because an NZ citizen can live permanently in Australia does not necessarily mean their partner can. Quote Link to comment Share on other sites More sharing options...
Rachel Tilley Posted January 10, 2016 Share Posted January 10, 2016 I was on a 457 when I split with my partner and my visa got cancelled too. There was bugger all else I could get, got put on a bridging visa with no access to anything so I left Oz. If you have the option of applying for something else in your own right then do so. Don't end up relying on someone else in order to stay there because if that relationship goes wrong then you could be back to square one. Quote Link to comment Share on other sites More sharing options...
geordiekev Posted January 10, 2016 Author Share Posted January 10, 2016 I know it may look strange and weve had that conversation between ourselves but its the truth , so nothing to hide. My current employer has said hed happily sponsor me (im a scaffolder) in any which way but after brief conversations over the phone i came to the conclusion as it wasnt on the list ot was impossible, even tho i have friends sponsored in office jobs , working in pubs etc. Im desperate to stay ive been away from the UK 6 years now .. nothing back there for me now. Quote Link to comment Share on other sites More sharing options...
geordiekev Posted January 10, 2016 Author Share Posted January 10, 2016 So how long were you granted the bridging visa for rachel? Quote Link to comment Share on other sites More sharing options...
Rachel Tilley Posted January 10, 2016 Share Posted January 10, 2016 I don't recall it having a time frame on it, I believe it was to be in place pending the result of my Ministerial Intervention to get permission to stay, but all it allowed me to do was legally be on Aussie soil! I couldn't work, couldn't access benefits or any form of healthcare, so basically I had no legal means of earning a living. I think they do it to force you to leave. Maybe I could have tried to find some cash in hand illegal work but that wasn't the way I wanted to live. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted January 10, 2016 Share Posted January 10, 2016 I know it may look strange and weve had that conversation between ourselves but its the truth , so nothing to hide.My current employer has said hed happily sponsor me (im a scaffolder) in any which way but after brief conversations over the phone i came to the conclusion as it wasnt on the list ot was impossible, even tho i have friends sponsored in office jobs , working in pubs etc. It is possible if the employer can prove he's been unable to find a local person for the job, but it would require him to do some extra work to prove that. Again, a migration agent would know how to go about that. Quote Link to comment Share on other sites More sharing options...
geordiekev Posted January 10, 2016 Author Share Posted January 10, 2016 Ok thanks for that. Ive got savings so that wouldnt be an issue really .. ill see a specialist this week , i have 7 working days from friday gone to lodge an appeal and then im assuming it takes them time to make a decision so at least i can make plan a b and c for the outcome. Did you have to go to an official immigration office or whatever and appeal in person or will my agent be doing it online ? Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted January 10, 2016 Share Posted January 10, 2016 Hi everyone.I have just recieved the email i was dreading to say that my visa has been officially cancelled. I was on my now ex wifes 457 visa and we would have been applying for our PR this month (we split up in november) In the email it states that i can appeal and request a number of visas which I've looked into with hope. Heres where it gets complicated. I would have studied or something but i moved in with a friends relative and we have pretty much fallen head over heels. Were already booked to head back to nz for one of her friends wedding , I am on the lease now at the home we share , we have a joint bank account for bills , savings etc. I will see an agent this week but I'm wondering if anyone knows if wed be all good in 12 monthish time for me to jump onto her rights as a kiwi. Because i have enough savings to sit tidy on a tourist visa or go to the uk or nz until we reach the required amount of time being together. I have read that with appeals in this type of situation it can take 4-12 months for them to make a decision .. which wouldnt be a bad thing. Any advice or knowledge of similar experiences would be much appreciated .. cheers As the partner of a NZ citizen, you could apply for a 461 visa. This is a temporary visa (5 years) and does not have any path to PR so if you ever wanted to become a PR, you or your partner would need to apply the same way as any other non-Australian citizens would. To apply for a 461 visa, you'd need to build up evidence as a de facto couple for at least 12 months unless you can register your relationship in the state where you live. Registration waives the need for 12 months, but you still would need to have solid evidence that you are a genuine couple and that's a big challenge for a couple of months living together. Better to wait until you have at least 6 months+registration, or the full 12 months. I'm not sure that appealing would be successful, but best to speak with a migration agent about that. There are several good agents who post regularly on this forum - look for usernames Raul Senise, WRussell and Alan Collett. Quote Link to comment Share on other sites More sharing options...
geordiekev Posted January 10, 2016 Author Share Posted January 10, 2016 I have savings and my gf can obviously help me out so i was just thinking if we can drag it out as long as possible, maybe go to nz or uk to get us to the 12 months we would be alright .. god i hope theres an option , 2 months from PR independently and it could all be over .. im gutted. Quote Link to comment Share on other sites More sharing options...
geordiekev Posted January 10, 2016 Author Share Posted January 10, 2016 Thanks maggie .. that was my hope , by time they judge the appeal we could have been together 6 months + then i could go on a tourist visa for remaining Quote Link to comment Share on other sites More sharing options...
Nemesis Posted January 11, 2016 Share Posted January 11, 2016 I have savings and my gf can obviously help me out so i was just thinking if we can drag it out as long as possible, maybe go to nz or uk to get us to the 12 months we would be alright .. god i hope theres an option , 2 months from PR independently and it could all be over .. im gutted. Talk to a registered agent. You don't necessarily need 12 months together (due to a recent case) and a good agent may we be able to argue your case so that you can stay. Be aware though, as already mentioned you'd probably be on a 461 which is only a temp visa, so get the agent to also look at any possible ways of you gaining PR in the longer term, Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted January 11, 2016 Share Posted January 11, 2016 Although you don't need to be living together the full 12 months, you do need to have been in a de facto relationship the whole 12 months (unless you've registered the relationship) so you can't claim to be in a de facto relationship if you were also in a married relationship with the ex-spouse. And living together is still regarded heavily by DIBP so is the optimal way to prove a de facto relationship. Quote Link to comment Share on other sites More sharing options...
geordiekev Posted January 11, 2016 Author Share Posted January 11, 2016 Just an update .. my agent has informed me that because my girlfriend is on a temp visa 444 we inly have to have been together for 6 month .. so i will not appeal the decision to cancel my defacto 457 , leave and re enter on a tourist visa and literally wait out the remaining time .. were going to her families wedding in march so things like that really help the case .. so feeling positive Quote Link to comment Share on other sites More sharing options...
Quinkla Posted January 12, 2016 Share Posted January 12, 2016 You will want to be aware that the 461 visa is a temporary visa for up to 5 years and does not have a path to permanence. Quote Link to comment Share on other sites More sharing options...
geordiekev Posted January 12, 2016 Author Share Posted January 12, 2016 Yes i realise that but we will take it from there .. i will be starting a business next year and i know doors will be opened. Thanks for everyones help Quote Link to comment Share on other sites More sharing options...
Quinkla Posted January 12, 2016 Share Posted January 12, 2016 Yes i realise that but we will take it from there .. i will be starting a business next year and i know doors will be opened. Thanks for everyones help As a word of caution, if you start your own business on a temporary visa that is tied to the longevity of this relationship, you could be in a very precarious position. Quote Link to comment Share on other sites More sharing options...
geordiekev Posted January 12, 2016 Author Share Posted January 12, 2016 Point taken. But we're solid .. she can go for PR at some stage im sure. And we have asperations to live in Nz for a time so where theres a will theres a way Quote Link to comment Share on other sites More sharing options...
Quinkla Posted January 12, 2016 Share Posted January 12, 2016 But we're solid .. she can go for PR at some stage im sure. As a Kiwi, it is unlikely that she ever would. This is a known issue regarding the 444 visa - holders' non-Kiwi partners are never going to get PR or citizenship in Australia... unless we have asperations to live in Nz for a time so where theres a will theres a way This could get you qualified for a NZ partner visa and, in time, NZ citizenship. But if you have started your own business in Australia, it makes it less likely that you would be able to live for an extended time in New Zealand. Quote Link to comment Share on other sites More sharing options...
geordiekev Posted January 12, 2016 Author Share Posted January 12, 2016 I have friends who have sponsored themselves through their own businesses tho. Thats a while down the line but i gaurentee we will find a way. Quote Link to comment Share on other sites More sharing options...
blossom Posted January 12, 2016 Share Posted January 12, 2016 I have friends who have sponsored themselves through their own businesses tho. Thats a while down the line but i gaurentee we will find a way. That's a very tricky route, and you still need to have a job and qualifications on either the sol or the csol. Also, be aware that you might not get a tourist visa to re-enter the country if they don't believe you are a genuine tourist (and it sound unlikely they would). Quote Link to comment Share on other sites More sharing options...
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