# New Zealand Citizen Family Relationship (Temporary) Visa (Subclass 461)



## Fluid36 (Aug 30, 2009)

Before I ask my questions I just want to thank everyone on these boards for the help they provide, 

Background
My wife and myself currently live in the UK and have been married for 2 years / living together for 5 years, we have already been through the UK spousal Visa process and the Indefinate Leave to Remain process for the Uk so I am familiar with the visa application and evidence require from a UK perspective. We have now decided to move to Australia and due to me being a NZ citizen who was not living in Australia as of February 2001 the best avenue for us is the (New Zealand Citizen Family Relationship (Temporary) Visa (Subclass 461))

I just have a couple of questions on applying for this visa that I would greatly appreciate any help with.

1) We are planning on making the application from outside Australia and since we are planning on traveling around NZ for a few months on the way to living in Australia I was wondering if it was acceptable to make the application from NZ even though we have been living together in the UK?

2) Under the section for health checks etc I noticed that the UK is under the low risk set of countries and therefore with a temporary visa of this nature it states no health checks needed. However whilst reading other posts I noticed that people from the UK have been undergoing health checks so was just wanting to clarify what the correct procedure is.

3) Evidence of relationship - I am assuming the evidence required is very similar to my spousal visa for the UK, ie common bills and letters to the same address etc, my question is what timeframe do we need to supply this evidence for (last 2 years etc)

Thanks a lot in advance for any help with my questions.

Mike


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## amaslam (Sep 25, 2008)

Hi Mike:

Welcome to the forum 

Answers to your queries:
1. You can apply from NZ or the UK, on your form you will be supplying a mailing address, short trips during processing will not affect the documentation. 
2. You don't need the health check according to the forms and are from a lower risk country. If you were going for a PR visa you would have a health check.
3. At least 12 months of evidence and from the present going back, more is always better in this sort of info. Should be the same or similar to the spouse visa.

Good luck 



Fluid36 said:


> Before I ask my questions I just want to thank everyone on these boards for the help they provide,
> 
> Background
> My wife and myself currently live in the UK and have been married for 2 years / living together for 5 years, we have already been through the UK spousal Visa process and the Indefinate Leave to Remain process for the Uk so I am familiar with the visa application and evidence require from a UK perspective. We have now decided to move to Australia and due to me being a NZ citizen who was not living in Australia as of February 2001 the best avenue for us is the (New Zealand Citizen Family Relationship (Temporary) Visa (Subclass 461))
> ...


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## Fluid36 (Aug 30, 2009)

amaslam said:


> Hi Mike:
> 
> Welcome to the forum
> 
> ...


Hi, thanks very much for the reply for the Reply.

I have been told by an advisor that medical checks are not required (confirmed by yourself thanks) and only police checks for my wife are needed so we will be looking into getting these done and underway. Has anyone had any experience with police checks in the UK and possible time frames.

Thanks in Advance.


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## Shell09 (Nov 5, 2008)

Hi

I have just this year obtained my subclass 461 visa and I did the health check and police checks, plus statutory decleartions and all! The police check took a little while. Best to get things done as soon as you can! If you are applying out of the country then it will take a little longer obviously but if I remember correctly, my cousin had one done and that took about 2 months to come back to them out of the UK.

Hope this helps.

Shell09


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## Fluid36 (Aug 30, 2009)

Shell09 said:


> Hi
> 
> I have just this year obtained my subclass 461 visa and I did the health check and police checks, plus statutory decleartions and all! The police check took a little while. Best to get things done as soon as you can! If you are applying out of the country then it will take a little longer obviously but if I remember correctly, my cousin had one done and that took about 2 months to come back to them out of the UK.
> 
> ...


Ok thanks I'll move onto the police checks as soon as possible. One question though, what do the statutory declarations involve? Thanks...


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## Shell09 (Nov 5, 2008)

Fluid36 said:


> Ok thanks I'll move onto the police checks as soon as possible. One question though, what do the statutory declarations involve? Thanks...


Well, I did the statutory declerations from our friends, saying that we had been togehter for x amount of years, how they knew us and other information like that. The declerations then had to be signed by our friends and witnessed by a solicitor. I am not 100% sure if you need them, but any little extra can't hurt.

Regards
Shell


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## Fluid36 (Aug 30, 2009)

Shell09 said:


> Well, I did the statutory declerations from our friends, saying that we had been togehter for x amount of years, how they knew us and other information like that. The declerations then had to be signed by our friends and witnessed by a solicitor. I am not 100% sure if you need them, but any little extra can't hurt.
> 
> Regards
> Shell


Thanks Shell,

It sure can't hurt, I guess I'll have to arrange a solicitor etc for this. 

Thanks


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## Shell09 (Nov 5, 2008)

Fluid36 said:


> Thanks Shell,
> 
> It sure can't hurt, I guess I'll have to arrange a solicitor etc for this.
> 
> Thanks


You are more than welcome. Just do some checking online cos a solicitor might not be the only person who can do this for you.

Good luck and let me know if you need any more info.

Cheers
Shell


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## Pitticus (Sep 18, 2010)

G'day!
I'm in the same boat, going out (I think de facto is quite a strong word...) with a Kiwi for longer than a year, but havent been living together for long enough so far....I'm just wondering....

- does the 12 month cohabitation rule apply to this type of visa (being only temporary anyway)- in contrast to the Temporary-->Permanent spouse visa (sponsored by an Aussie partner) Immi does not actually say anything about "de facto" partner on their homepage under "eligibility" for this type of visa. They only refer to "partner". They also dont mention the 12 months living together requirement, whereas they do mention it under the Aussie partner sponsoring visa...

Hmm...
If we decided to get married, would they then waive the 12 months living together requirement??? (I know they do so, again- if you apply as a spouse of an Aussie partner...). Is that true for this type of visa as well???

Do I need the medical?? (Low risk country)?? Some say yes, others say no...

Last question:
Is there anything like prospective marriage visa for partners of kiwis?? Would give us at least another 9 months...but the "normal" PMV does not seem to work for non-eligible NZers.

Glad, I've found the forum here!!!

Thanks guys for any help


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