can I stay here on my Temporary resident visa ??

[Guest lilianna1956]

Can anyone answer my urgent question ? I came to Australia with my Husband in august 2009 he is a new zealander and I was granted a visa to Australia. My visa is called "Temporary resident sub class 461" and is re- newable every 5 years. I had been with my husband for 8 years and married for 19 months. I have been living here in Australia since August 2009. I am 54 years old and working and renting in Sydney . my husband and I are now on the brink of seperating and divorce is on the cards . He takes delight in telling me i will be shipped back to the uk . I want to stay in Australia my life is here , I have a comfortable life style with many opotunities for my son and his wife to join me here , but my question is can i stay if im no longer with him? is there some other visa i can apply for? all help and advice will be appreciated

[Qflyer]

I am so sorry to hear of your situation.

 

Yes, you can renew a subclass 461 NZ Citizen Family Relationship visa even if you've separated from your husband, providing you meet the following criteria:

 

 

• you have maintained Australian residency; you must have been in Australia for a total of at least two years in the last five years
  
• you continue to meet standard health and character requirements
  
• you do not become the member of a family of another person (other than another Special Category visa holder)
  
• if you are currently outside Australia, you held this visa when you left Australia.
  

 

 

http://www.immi.gov.au/migrants/family/461/how-the-visa-works.htm

 

Meanwhile, you should look into getting permanent residence if your intention is to remain in Australia permanently. You might be eligible for Skilled Migration if you're currently working in Australia and your occupation is on the Skilled Occupation List. I am not very familiar with Skilled Migration so I'd defer to the more knowledgeable members of PIO on this one.

 

Good luck, I hope everything works out! :hug:

[Peach]

The short answer is no. Your visa will remain valid until the five years is up and then providing you're not in another relationship and are still living in Australia you should be able to renew your 461 visa without him.

 

I found this information on another forum (so I can't post a link to it). But if you enter the three words: temporary 461 permanent - the information is on the first result that is displayed.

[Guest lilianna1956]

Thank you so so much for your swift replies to my question Im so relieved thanks guys im so relieved

[Guest lilianna1956]

Sorry to come back on this topic, as from the link supplied in the first post>> New Zealand Citizen Family Relationship (Temporary) Visa (Subclass 461), and one of the categories for renewing my visa. I was told by the migration services in England (where I initially applied, and received my visa; if any changes occured on my relationship status with my husband i.e. divorce) then by law Australian immigration must be informed and I might need to apply for a different visa. Just to confur, I was married in England to him in March 6th, and only came to Australia in August 29th , 2009. (I haven't left the country since that date, and have no intentions to either). However, I'm just wondering if my divorce is to occur prior to August, 29th, will this affect my current visa status. Bearing in mind by law a solicitor is required to inform immigration on my divorce, thus I may need to apply for a new/different visa, with consideration to the point below when applying for a renewed visa such as mine.

 

Regards

 

 

Renewing your visa

 

You can renew your visa, even if your relationship with the Special Category visa holder has ended, provided that:

 

• you have maintained Australian residency; you must have been in Australia for a total of at least two years in the last five years