Can you Renew a Subclass 461 Visa?
The above has been asked before, with many people saying YES, it can be renewed.
The correct answer though, is NO.
You can however apply for a new subclass 461 visa.
It is not a simple renewal, but a full application.
The current (March 2021) wording on the immigration website subclass 461 is:
You can’t stay longer in Australia after your visa expires.
However, you can apply for another New Zealand Citizen Family Relationship (Temporary) visa (subclass 461) if:
- you are still a members of the family unit unit of the New Zealand citizen you named in your application for your first subclass 461 visa and that New Zealand citizen is in Australia on a Special Category visa (subclass 444).
- you are still a member of the family unit of the New Zealand citizen you named in your application for your first subclass 461 visa and that New Zealand citizen is outside Australia and will travel with you to Australia and be the holder of a Special Category visa (subclass 444) on entry to Australia.
- your New Zealand citizen family member is not an eligible New Zealand citizen.
You can also apply again if you are in Australia and:
- you hold a subclass 461 visa or it was the last Substantive visa you held.
- you are no longer a member of the family unit of the New Zealand citizen named in your first application as a result of relationship breakdown.
- you have not become a member of the family unit of another person (whether you are still part of that new family unit or not).
You can also apply again if you are outside Australia and:
- you either
- have been in Australia as the holder of a subclass 461 visa for at least 2 years in the past 5 years.
- you have substantial business, cultural, employment or personal ties with Australia that are of benefit to Australia and you have not been away from Australia for more that 5 years before applying for this visa (unless there is a good reason for being away).
- you held a subclass 461 visa when you last left Australia.
- you are no longer a member of the family unit of the New Zealand citizen named in your first application as a result of relationship breakdown.
- you have not become a member of the family unit of another person (whether you are still part of that new family unit or not).
How many 2nd or subsequent 461 applications are refused?
If anyone has any experience of this, it would be helpful if they can comment below.
I will check any FoI requests to see if that information is available, and will add it later.
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