461 Visa advice

[Cahill530]

Hi,

 

Myself (30,English) and my partner (27,NZ) met in Melbourne as i was on my 1st Working Holiday visa and have been in a relationship for nearly 18 months. After speaking to Immigration they suggested the next step for me to stay was to apply for the 461 visa as my current job are not in a position to sponsor me to stay.

 

Just looking for a bit of advise regarding what proof to send in -

 

1. We have maybe 100 plus photos of us on FB that my gf is going to split into separate months and put into a powerpoint to highlight key events

 

2. We have plane tickets from when i visited her family in NZ and she visited mine in England, as well as pictures and stat decs from both parents and friends in Melbourne

 

3. We have a rental agreement from July 2016 until now,we started dating in July 2015 and lived together (in a different flat to now) very soon after but i wasn't officially on the lease as i had to go do regional work for a few months but i have bank statements to show i was transferring money to another housemate who took charge paying the rent

 

4. We have had a joint account for the last 3 months to pay rent for our flat and have letters addressed to both of us from the last 3 months

 

5. Bank statements showing us transferring money to each other for the past 18 months

 

6. Some letters and cards we have sent to each other (Birthday,Valentines etc)

 

Anything else you guys can think that we should do/not do as i am trying to gather all the docs together? My 2nd year Working Holiday visa runs out in Jan 2017 so i'm trying to get this sent off as soon as my birth cert arrives from the UK,i already have police checks from UK/AUS

 

Thanks for any advice

[Bungo]

My advice would be to hold off applying for as long as possible as you do not appear to qualify for a visa based on relationship at the moment. Do you know if you live in a state where relationships can be registered? If so do that as soon as possible and put this off until much nearer your WHV expiry (obviously not too close).

 

Organising hundreds of photos into months is not only pointless but also will probably be slightly irritating to a case officer. They are not interested in trawling through your photos, or travel tickets as they are not interested in establishing whether you knew each or or even where dating. They want to know that you are a defacto couple. An application needs no more than one or two examples (if that) of that type of evidence. It can be supplementary to an application, but definitely not the main component of it. The quality evidence is in proof of joint address and proof of joint finances, something which you only seem to have a few months of, which is why I would suggest you hold off.

 

I would predict some problems if you apply now. When exactly does the WHV expire - you could do with utilising as much time as possible.

[Cahill530]

Hi,

 

Thanks for your reply. Regarding the photos i presumed the application would be done online but i have just seen that it has to be posted in,im guessing just printing them off facebook with the time and date on them will suffice? I was under the impression that the photos and plane tickets help the case that we are in a relationship. We have Stat Decs from both parents in NZ and UK stating we were in a relationship when we both visited and the circumstances around it.

 

I'm guessing should get a Stat Dec from our previous 2 housemates who lived with me and my Gf before when i wasn't on the lease (June 15-16) saying that i paid rent (with evidence) and that me and my Gf were a genuine couple?

 

My 2nd WHV runs out on Jan 16th 2017,i have booked to go to NZ on the 23rd Dec-8th Jan 2017, if i apply before that will they automatically put me on a bridging visa so i am not allowed to leave the country?

[Bungo]

Hi,

 

Thanks for your reply. Regarding the photos i presumed the application would be done online but i have just seen that it has to be posted in,im guessing just printing them off facebook with the time and date on them will suffice? I was under the impression that the photos and plane tickets help the case that we are in a relationship. We have Stat Decs from both parents in NZ and UK stating we were in a relationship when we both visited and the circumstances around it.

 

I'm guessing should get a Stat Dec from our previous 2 housemates who lived with me and my Gf before when i wasn't on the lease (June 15-16) saying that i paid rent (with evidence) and that me and my Gf were a genuine couple?

 

My 2nd WHV runs out on Jan 16th 2017,i have booked to go to NZ on the 23rd Dec-8th Jan 2017, if i apply before that will they automatically put me on a bridging visa so i am not allowed to leave the country?

 

What you need to understand is that you are not trying to prove you are "in a relationship". You need to prove you are married all but for attending a ceremony and photos do not do that. Joint address and joint finances do. Most people chuck a few photos in, that is fine, but it will not substitute for the high quality evidence that you appear to be missing at this point in time.

 

So you lived with your girlfriend since June 2015 not July 2016, apologies I had not focused on that subtlety in your first post. Well if you can prove it then that is a game changer. What you need to do is collect lots of evidence that you were at the same address over the same time period. Not photos, same address...

 

Even if you apply before the trip, you will still be on your WHV when you travel and when you come back into the country. The bridging visa would only be in the background ready to kick in upon the WHV expiry. The thing is, once you leave the country the bridging visa in the background is going to be cancelled and so you will return in January on the WHV but then there will be no bridging visa when the WHV expires. So what you would need to do is upon your return, get the BVA reinstated. Very important that you do this or you are going to become illegal. If that sounds like too much hassle, then don't apply until after your holiday.

[Cahill530]

Yes i moved in with my gf and another couple in June 2015,they moved in and all 3 were on the lease a few weeks earlier. As i moved in after the lease was signed and i knew at some point i was going to have to leave for 3 months to do the regional work we all just agreed that i pay my share of rent to one of the housemates (split rent 4 ways) and he would send it off.

 

The only proof i can think off that i have living there is transfers of rent to him and the other housemates writing a stat dec saying i lived there at that time and was in a relationship with my gf at that time. All the bills were set up before i moved in so although i paid them (by transferring money to the same guy again) my name isnt on any of the bills.

 

Do you think i am best waiting till Jan 2016 then when i will have around 6 months of evidence we have been living in our new flat together (bills,lease etc) plus the 18 months prior?

[Bungo]

Yes i moved in with my gf and another couple in June 2015,they moved in and all 3 were on the lease a few weeks earlier. As i moved in after the lease was signed and i knew at some point i was going to have to leave for 3 months to do the regional work we all just agreed that i pay my share of rent to one of the housemates (split rent 4 ways) and he would send it off.

 

The only proof i can think off that i have living there is transfers of rent to him and the other housemates writing a stat dec saying i lived there at that time and was in a relationship with my gf at that time. All the bills were set up before i moved in so although i paid them (by transferring money to the same guy again) my name isnt on any of the bills.

 

Do you think i am best waiting till Jan 2016 then when i will have around 6 months of evidence we have been living in our new flat together (bills,lease etc) plus the 18 months prior?

 

You must have had some post to the house? Even your own bank statements? Anyway I personally would be nervous about claiming this time together without any proof of address and also living with other people might make this look like a shared house amongst a group of young people rather than a couple setting up home. So lots of alarm bells here, but I really can only give you my opinion, but don't take my opinion to be fact because there will be a lot of judgement and interpretation going into this. It might even be worth a quick consultation with a migration agent?

 

The main thing you must take great care not to overlook is the bridging visa situation and your travel plans. It is imperative you get that right or you could inadvertently cause yourself to go out of legal status.

[Cahill530]

You must have had some post to the house? Even your own bank statements? Anyway I personally would be nervous about claiming this time together without any proof of address and also living with other people might make this look like a shared house amongst a group of young people rather than a couple setting up home. So lots of alarm bells here, but I really can only give you my opinion, but don't take my opinion to be fact because there will be a lot of judgement and interpretation going into this. It might even be worth a quick consultation with a migration agent?

 

The main thing you must take great care not to overlook is the bridging visa situation and your travel plans. It is imperative you get that right or you could inadvertently cause yourself to go out of legal status.

 

So for travel/bridging visa reasons what do you suggest? If I apply for the 461 in Nov like planned wouldn't I be fine leaving Aus for Nz and coming back on the 8th of Jan as the bridging visa wouldn't kick in until my 2nd Whv runs out on Jan the 16th? Or do you suggest applying on the 8th Jan when I'm back in Aus?

[Bungo]

So for travel/bridging visa reasons what do you suggest? If I apply for the 461 in Nov like planned wouldn't I be fine leaving Aus for Nz and coming back on the 8th of Jan as the bridging visa wouldn't kick in until my 2nd Whv runs out on Jan the 16th? Or do you suggest applying on the 8th Jan when I'm back in Aus?

 

I am not your paid professional advisor and I am just not prepared to suggest anything one way or another. I am highlighting the issues. If you apply before your holiday you need to take steps to ensure that you retain a bridging visa. I have explained what will happen if you apply before you leave and what you need to consider. You are an adult and it is up to you what you do, I have already shared my thoughts on your application.

Edited October 12, 2016 by Bungo

[daisy05]

Hi Cahill,

 

I think you need to get some better advice, I am in a similar position to you. (24,welsh, partner is 36,kiwi) Im on my 1st working hol visa which expires in Feb. We are appying for this 461 now, just finalising documents.

We have been together over 2 years but only living at same address in oz for 1 month (we have lived in our van for 7 months) We did stay with my mum in wales but have no roof of this except we recieved some post to the same address (no rental lease tho)

 

So we are a little bit worried about lack of evidence. Yes it has to be done by paper post so don't make a powerpoint photo thing. Just send around 10-20 photos, showing you two and other people. I got letters from 3 ppl in UK, one from NZ and 2 stat decs form ozzy friends.

 

Also, any proof of joint bank in any country. Any proof of assets bought together (we bought a laptop 2 weeks ago)

 

You just need to prove that your relationship is genuine and likely to continue. Many people try to apply as friends but pretend they are in relationship so they can stay in oz.

 

It goes case by case. So some ppl get it granted even if their relationship is just 2 months.

 

Also, yes you will be granted Bridging visa A WHEN YOUR WORKING HOLIDAY VISA RUNS OUT. S if you apply for 461 in december, you will still be on WHV until it runs out and If you still havnt had a final decision on your 461 then you get the Bridging visa straight away, HOWEVER YOUR NOT ALLOWED TO LEAVE AU unless you ask them to change to a different bridging visa.

 

If u have any more questions feel free to ask me or message me directly. I have done so much research onto this visa and have lots of info i could share,

 

Best of luck