SUBCLASS 461

New Zealand Citizen Family Relationship (Temporary) Visa

Table of Contents

This visa allows individuals with family located in NZ to live and work in Australia for up to 5 years.

This visa is for a person who is not a New Zealand citizen but is a member of a family unit of a New Zealand citizen. It lets you live and work in Australia for five years.

This visa grants you the following privileges:

  1. You can live, work, and study in Australia for 5 years from the date your visa is granted.
  2. You can travel to and from Australia as many times as you want during these 5 years.

Eligibility Criteria

This visa includes the following criteria:

  1. You and other family members applying with you must meet the health requirement. Other non-migrating family members may also need to meet this requirement.
  2. You and any members of your family unit 16 years of age or over who apply for the visa with you must meet certain character requirements. Other family members might also need to meet certain character requirements.
  3. Ensure you have health insurance to cover potential medical expenses during your stay in Australia. You are personally responsible for all healthcare costs, and having insurance is essential to limit your financial liability.
  4. Sign the Australian values statement if you are 18 years of age or older, confirming your commitment to respect the Australian way of life and obey Australian laws.
  5. You and your family must have paid back any money owed to the Australian Government or have a formal arrangement in place to repay it.
  6. Your immigration history is considered, and you may be ineligible if you had a visa cancelled or a previous application refused.
  7. The visa will only be granted if it is in the best interests of an applicant under 18.
  8. You might not be able to apply for this visa if you have a No Further Stay condition.

Eligible Citizenship Status

To qualify for the Subclass 461 New Zealand Citizen Family Relationship Visa, applicants must meet specific eligibility criteria based on their citizenship status and relationship to a New Zealand citizen. The following categories outline who is eligible for this visa based on citizenship and relationship status.

 

If You Are Not an Australian Citizen

You are eligible for this visa.

 

If You Are Not a New Zealand Citizen

  1. You qualify for this visa if you are not a New Zealand citizen.
  2. If you become a New Zealand citizen during the application process:
    • You can continue with the application or withdraw it.
    • Alternatively, you can apply for a Subclass 444 visa if you meet the requirements.

Note: Certain individuals may be eligible for New Zealand citizenship by descent.

For more information about New Zealand citizenship, refer to the New Zealand government website.

 

Relationship to a New Zealand Citizen

  1. For those inside Australia:
    • You may be eligible if you are a family member of a New Zealand citizen in specific categories.
    • Your New Zealand family member must have or be eligible for a Subclass 444 visa.
    • Categories include:
      • Family unit members of a Subclass 444 visa holder.
      • Individuals in Australia holding a Subclass 461 visa or without a substantive visa, with the last substantive visa being Subclass 461.
      • Those no longer part of the family unit from a previous Subclass 461 visa and not part of another family unit.
  2. For those outside Australia. You may be eligible if you:
    • Have been in Australia as a Subclass 461 visa holder for at least 2 years in the past 5 years.
    • Have substantial ties to Australia beneficial for the country.
    • Held a Subclass 461 visa when you last left Australia.
    • Are no longer part of the family unit from a previous Subclass 461 visa and not part of another family unit.

Inclusion of Other Family Members

When applying for this visa, you have the option to include members of your family unit. Family members who apply for the visa must meet specific health and character requirements. 

Once a Subclass 461 visa application is lodged, you cannot add family members to it.

While applicants can include members of their family unit when they apply, all applicants are assessed individually.

 

Newborn Child

In case your child is born after you apply, there are procedures to follow.

Note: A child born to a New Zealand citizen parent in Australia might be eligible for New Zealand citizenship by descent. For details on New Zealand citizenship, refer to the New Zealand government website.

Immigration Status for the Visa Application

  1. Applying from Outside Australia: You can apply for the Subclass 461 visa without needing any other visa.
  2. Applying from Inside Australia: You must have a valid temporary visa (excluding certain types) when applying. If you didn't hold a visa, you can still apply under specific conditions, like applying within 12 months after holding a substantive visa.

Contact Us

For those considering our services, we provide an initial meeting. In this session, we will simplify the legal aspects of the visa, explain the process ahead, and address any questions you may have.

To set up an initial discussion with us, please reach out to one of our experienced immigration lawyers at (02) 9590 3987.

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