# Applying for 461 while on e-visitor visa



## xena (Jan 7, 2015)

Hello everyone  I'm new to this forum so forgive me if this is a question that has been asked before! I did a search and didn't manage to find anything specific. If anyone can help with my question or perhaps point me in the right direction, or to the right post I would be VERY grateful!

In short, my question is, can I apply for a subclass 461 (NZ family relationship visa) if I go into Australia on an e-visitor visa?

I'm not too sure if you need more information so I'll add it here just in case!

I am a 29 year old UK citizen. My partner is a 41 year old NZ citizen living in Australia (he is not an 'eligible' NZ citizen).
We have been together for nearly 4 years and have plenty of proof.
Since he moved to Australia a couple of years ago, I have been traveling back and forth to Australia to be with him. When in the UK I live with my parents to save some money and when in Australia I live with him but never for more than a couple of months at a time (because e-visitor visa allows only 3 months and I have a job in the UK that is more or less month on and month off). 
We have decided we would like to settle down together and have children -sometime in near future 
So I would like to apply for the subclass 461 as a defacto partner. I realise it is a temporary thing until we can find a way to get him PR.
I understand if you apply onshore you get a bridging visa allowing you to stay there until a decision is made on the 461 visa. Buy if I apply offshore, when i'm in UK, it says I have to be offshore when it is approved. So does that mean I wouldn't be able to visit him while I wait for visa decision? 
Anyway, I would like to apply onshore but of course the only visa left for me to get is the e-visitor visa (I have previously used up a one year working holiday visa so couldn't do it again). 

So going back to the main question then, can I go to Australia on an e-visitor visa and apply for the subclass 461 when i'm there? 
I have called a couple of agencies and so far none have got back to me! Can anyone recommend a good agency to contact for this sort of thing? Presumably it is better to go with an agency?

Thank you very much in advance for your help!


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## _shel (Mar 2, 2014)

Unless you are married you dont qualify for the 461.


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## xena (Jan 7, 2015)

Hi Shel, may I ask why? It states on the application you can be in a defacto relationship and you will qualify. Incidentally, we intend on getting married but weren't going to until the end of the year and I would like to be out there by then


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## _shel (Mar 2, 2014)

Because Australian definition of a defacto relationship means you live together as if man and wife but without the marriage certificate. They don't recognise boyfriend/girlfriend relationships.


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## xena (Jan 7, 2015)

We do live together when I am over there. And did during my one year working holiday visa in Australia and when he lived in the UK for a year and a half before that. We have bank accounts going to each others addresses in each country (and have done for a year and a half) and we transfer money back and forth depending on who's turn it is to pay for his sons flights. 2 or 3 of the million times i fly over there each year I take his son with me. I was pregnant with his child before having a miscarriage last year. Is this not living as man and wife as much as one can in our situation? I have read a LOT of forums (all of which implied I would be eligible though defacto) and thought this one seemed the best to post my question on. In one short sharp sentence Shel you have made me feel seriously stressed about this whole thing and now I don't know if I can apply for it at all. Does anyone else have any information on this? I'm really worried now and the agencies i've contacted still haven't got back to me 
So if we just got married and got the certificate, would that change everything?


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## _shel (Mar 2, 2014)

Yes a marriage certificate is all that is needed otherwise you need 12 months living together immediately prior to applying. Needs to be real living together so staying in each others homes on visitors visas dont count. You are not a legal resident so cant possiby be 'living together' you still have home elsewhere! 

You really dont need an agent unless you ahave a complicated application ie health or character issues. If not save your money.

Migration Act 1958 see the section on defacto partners.


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## xena (Jan 7, 2015)

To anyone else reading this, I spoke to several different agents today, all of whom said I had a very good chance of successfully getting this visa. They are not as strict on the official living together rule as is made out. There are exceptions. And thankfully I appear to be one of them. Main thing they have asked me to do is gather as much information on our relationship as possible. They want to know we are in a genuine and continued relationship. I'll keep you posted on my progress with this. But it IS possible according to the agents I spoke to. 
Current wait time is a month and I'm fine to do it in UK and then travel to Australia until it's approved (hopefully) then fly back for it.


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## expat20123 (Feb 20, 2015)

Yes, xena is correct. I was granted this visa and I was in a similar situation (long distance, etc). As long as you provide as much evidence as you can, everything should go according to plan. good luck people!


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## xena (Jan 7, 2015)

Hello all, just a quick update. I was granted my visa! So it IS possible & for those in a similar situation, don't let anyone dissuade you from trying. Everyone's individual situation is taken into account. It is not black & white as previously suggested  good luck to all! Xena


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## miudog17 (Jul 13, 2015)

hi xena, congrats on getting your visa. just wondering how long did it take from lodging the application to getting approved? many thanks.



xena said:


> Hello all, just a quick update. I was granted my visa! So it IS possible & for those in a similar situation, don't let anyone dissuade you from trying. Everyone's individual situation is taken into account. It is not black & white as previously suggested  good luck to all! Xena


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