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Aya

Visa 461 very long wait

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Hi there!

I have submitted my application for a 461 visa (partner of a NZ citizen) in August 2018 in Australia. The processing time is now 19 to 20 months. Has anyone received a visa before the indicated processing time? My application should be considered low risk, pretty straight forward.

The waiting time seems extremely long: how do you keep busy while waiting for your visa? Any tips on how to settle and enjoy your time in Australia when you cannot get a job, study or have little money to spend?

I'm interested in hearing about your experiences!

Aya

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It isn't a minimum of 19 months and a max of 20. 75% of applications are completed by month 19 and 90% by month 20. So the chances are it will be done before 19 months.

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Ok, this is good to know, but my application could still be in the 25% that are processed after 19 months... and the delay could become even longer? It seems to keep changing.

Has anyone gone through that experience? What did you do while waiting?

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Hi Aya!!

I don't suppose you have had any good news on your visa yet? I'm about to begin the application process here in the UK for my husband and I cant believe the processing times! 75% 21 months and 90% 24 months! I'm so shocked it could potentially take this long!

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Hi!

Still no news... and the waiting time keeps going up (now 21 months (75%) and 25 months (90%)). I've given up the idea of ever working here, we will probably stay another year then go back to Europe instead.

I guess it all depends on your goals and where you are going but I find that it's difficult to meet people in Sydney if you don't have a job, and also very expensive to do anything if you don't have sufficient income. Not having a visa is quite isolating for me, and also stressful for my partner.

If we had known about this visa thing, I don't think my husband would have taken the job offer in Australia - are there any other visa options your husband could consider? Could you and your husband be sponsored? It might be worth considering, even if it's a bit more expensive at the start, it might pay off in the long run!

 

 

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21 hours ago, Aya said:

I've given up the idea of ever working here

Is this because your bridging visa has no work rights? If so, have you explored the possibility of applying for work rights on your bridging visa?


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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2 hours ago, Raul Senise said:

Is this because your bridging visa has no work rights? If so, have you explored the possibility of applying for work rights on your bridging visa?

No work or study rights on my bridging visa. My migration agent did not mention this possibility. I read somewhere that you can only apply for work rights in case of hardship, is that correct? 

Edited by Aya

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You would need to show financial hardship to obtain work rights. Worth discussing with your Agent to explore this option.


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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Thank you for the clarification. I don't think we would qualify for financial hardship... (I mean we can pay the rent and food) Not sure there is a way around it. I should have considered this more carefully before coming to Australia, it was a bit naive on my part.

Edited by Aya

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Oh Aya that sounds incredibly stressfull, its seems so unfair they make people live in such limbo! 

Our situation is a little different we will be moving to Queensland into my parents house until we have ourselves sorted and aren't in a particular rush to move to Australia. Having said that I worry that once we are there and its been 5 years and time to renew I worry it will take so long and have my husband out of work. Maybe would be better to apply for PR after 5 years? I don't know I haven't explored all options yet. 

We have been going through a similar process here in the UK for my visas but each time I renew I am still aloud to work while awaiting a decision from the home office, no bridging visa restrictions like there, seems so extreme I really hope you get an update soon and begin to live your life again in Australia!

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16 minutes ago, Aleshia said:

Oh Aya that sounds incredibly stressfull, its seems so unfair they make people live in such limbo! 

The NZ visa may be different, but in most cases, they don't make anyone live in such limbo. People are supposed to stay in their home country while waiting for their visa grant (which can still be a long wait, but you can get on with your life and earn a living).  People who choose to move without waiting for the visa can't really complain, as they put themselves in the position.   It's seen as "jumping the queue" and for that reason, the wait time is much longer than if you apply for the same visa offshore.

As for renewal - if you are already on a visa and you apply for renewal, you wouldn't lose your work rights AFAIK. 

Edited by Marisawright

Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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Hi Aleshia,

If you can get the 461 visa before coming here, then your husband should be fine! I have heard that it can be faster offshore, but don't know if it's true. Also, I believe that when he applies to renew the visa, the bridging visa will carry the same conditions as his previous visa, which means, if he was previously allowed to work, he will still be able to work. In my case, I arrived on a visitor visa, therefore I have no right to work or study.

If you are planning to stay in Australia long term, it's definitely worth looking at PR, but there doesn't seem to be many options for NZ citizens.

 

 

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2 minutes ago, Marisawright said:

People who choose to move without waiting for the visa can't really complain, as they put themselves in the position. 

Well I'm sorry to say, but when you move as a family, you don't necessarily have the luxury of the choice. My husband was offered a job, with a starting date that did not allow for me to apply from my home country. Indeed I should have checked more carefully beforehand - he could have rejected the job offer. But we have lived in several countries before and never had that issue, so we did not imagine it would happen. Also the migration agent told me when I arrived in Sydney that I would get a visa within 2 months. I think when I originally checked from home it was 8 or 9 months (75%). Now it's 21 months. So I don't think I could really have predicted this, or that this is normal.

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15 minutes ago, Marisawright said:

It's seen as "jumping the queue" and for that reason, the wait time is much longer than if you apply for the same visa offshore.

I'm also wondering: where do you get that information from? There is nothing on the immigration website about longer delays for onshore applications. But I do have a feeling onshore applications take longer from reading forum posts. I didn't see any official information about that, and I was definitely not told this by my migration agent.

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1 minute ago, Aya said:

I'm also wondering: where do you get that information from? There is nothing on the immigration website about longer delays for onshore applications. But I do have a feeling onshore applications take longer from reading forum posts. I didn't see any official information about that, and I was definitely not told this by my migration agent.

Partner visas definitely take longer onshore


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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12 minutes ago, Aya said:

Well I'm sorry to say, but when you move as a family, you don't necessarily have the luxury of the choice. My husband was offered a job.... Indeed I should have checked more carefully beforehand - he could have rejected the job offer.

Well, you did have the luxury of choice - he could have rejected the job, as you say.    On shore processing times for ordinary partner visas are definitely longer.

Edited by Marisawright

Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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2 minutes ago, Marisawright said:

Well, you did have the luxury of choice - he could have rejected the job, as you say.

Right. Except I could not have known it would take that long (see my posts above). I was prepared to wait for a few months and fine with it - not for 2 years. If I had known that, no I would not have come here. Whatever you think (that I should just not complain), it is still difficult and very stressful, and so it's best that Aleshia gets all that information before leaving - that way she can look for the best options for herself and her husband, no bad surprises.

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Hi Aya, Im Priscila and I am under the same situation, I applied for the 461 visa on April 2018 and still waiting - I totally understand when you said you wouldnt be coming to australia if only you knew about the difficult process. I feel your stress too. I wasnt prepared fot that either and had a successful job back home in Brazil working at a bank. Had to leave everything behind because my husband wanted to join our family who moved from NZ to the Gold Coast 7 years ago. So i had to follow him. I wish you good luck! 

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I applied for my third five year Visa extension last March 2018. A 461 renewal used to take about 5-6 WEEKS so I was very surprised and disappointed to learn the processing time is now about 2 YEARS!

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HI Aya, did you hear any news now?

I'm on the same boat - Applied last March 2018, still no news - and the processing time have now jumped to 27 months!

😨

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I feel your pain! I applied for a 461 visa onshore from Sydney back in August 2017 and I'm yet to hear a peep from them! Really disheartening to see the processing times increase month-on-month with no additional communication or feedback from the Department. Fingers crossed we all get through this hellish process soon...! The total lack of insight is the most frustrating part of it all! 😞

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I was wondering - you don't have work or study rights but would you be eligible for volunteering? Heaps of places rely on volunteers and it's a great way to get out of the house, meet people and help the community! It also provides some local experience & contacts, which can prove very useful when it's time to apply for jobs.

Edited by TheWayOfThePony
Added info

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2 hours ago, Ant S said:

back in August 2017 and I'm yet to hear a peep from them! Really disheartening

Wow, that's a very long time! I feel your pain, but definitely nowhere near as much.

I applied from Sydney onshore in August 2018 when the processing times I am sure were around 16 months. Now they are around 26 months!

The fact it's applied for using post (rather than electronic) makes it even more stressful not knowing the status etc. I was originally on a 417 and applied for the 461 once we got our evidence together to prove we were a genuine de-facto couple. So unfortunately I have a 6 months working restriction on my bridging visa that I keep having to apply to extend for another 6 months. That's definitely the most stressful part - even though my company are very accommodating with it. 

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On 15/05/2019 at 16:19, Priscila said:

Hi Aya, Im Priscila and I am under the same situation, I applied for the 461 visa on April 2018 and still waiting - I totally understand when you said you wouldnt be coming to australia if only you knew about the difficult process. I feel your stress too. I wasnt prepared fot that either and had a successful job back home in Brazil working at a bank. Had to leave everything behind because my husband wanted to join our family who moved from NZ to the Gold Coast 7 years ago. So i had to follow him. I wish you good luck! 

Hi Priscila, sorry to hear that you had to leave a good job behind!! Any news on your application?

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On 04/07/2019 at 10:58, Jay M said:

HI Aya, did you hear any news now?

I'm on the same boat - Applied last March 2018, still no news - and the processing time have now jumped to 27 months!

😨

Hi! No news on my side either... You should be first on the queue though, I "only" applied in August 2018!

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