New Zealand Citizen Family Subclass 461 Visa

This visa lets a spouse or partner or a member of the family unit of New Zealand Citizen who is resident in Australia, to live with their partner in Australia.

New Zealand Citizen Family Subclass 461 Visa

New Zealand Citizen Family Relationship (Class UP) Subclass 461 Visa

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 who is in Australia on Subclass 444 visa. It lets you live and work in Australia for five years. The visa is granted with multiple entry. You can travel to and from Australia as many times as you want during the 5 year period.

Visa Holders Work Rights in Australia

The visa holders have full work rights to work anywhere in Australia, for 5 years from the date your visa is granted.

Including Family Members

If you have children, they can also be included in your application. You can't add family members to a Subclass 461 visa application after it is lodged.

A child born to a New Zealand citizen parent in Australia may not be eligible for New Zealand citizenship by descent. Check your New Zealand citizenship eligibility.

Subclass 444 visa holders cannot sponsor family members for other types of family visa applications, such as Partner, Parent, and Child visas.

Pathway to Australian Permanent Residence Visa

Your New Zealand Partner who has held Subclass 444 visa and have lived in Australia for atleast the last 5 years can apply for Subclass 189 visa in New Zealand Stream. This allows eligible New Zealand citizens who have demonstrated commitment and contribution to Australia, to live and work in Australia permanently. You can be included in your partner's application for Permanent Visa as dependent family member.

461 Visa Application Fees

Base Application Charge: A$370; Additional applicant charge for any other applicant who is at least 18: A$190; Additional applicant charge for any other applicant who is less than 18: A$90.

Estimated Processing Time

Standard Stream: 75% of applications in 28 Months; 90% of applications in 31 months.

New Zealand Family Visa 461 Eligibility

New Zealand Citizenship Status

You must not be a New Zealand citizen at the time of the application for this visa. If you become a New Zealand citizen during the processing of your application you can continue with the application, or instead withdraw it and apply for a Subclass 444 visa and be granted that visa if you meet the requirements.

Australian Citizenship Status

You cannot be granted this visa if you are an Australian citizen.

Your Immigration Status When You Apply

If you are outside Australia when you apply

You can apply for the Subclass 461 visa without needing to hold another type of visa.

If you are in Australia when you apply

You need to hold a substantive temporary visa when you apply, other than a Subclass 403 Temporary Work (International Relations) visa in the Domestic Worker (Diplomatic or Consular) stream.

If you did not hold a substantive visa when you applied, the last substantive temporary visa held by you was not a Subclass 403 (Temporary Work (International Relations) visa in the Domestic Worker (Diplomatic or Consular) stream and you satisfy certain criteria such as having made your application within 12 months after being the holder of a substantive visa..

Sponsorship or Assurance of Support

The New Zealand citizen (Subclass 444 visa holder) is not required to sponsor, nominate or otherwise give any support to this application. Nor is there any assurance of support criterion for this visa, even though the visa leads to very long-term temporary residency. Consequently, there are no sponsorship limitations associated with this visa.

New Zealand Citizen Family Relationship Criteria

Relationship to a New Zealand citizen

You might be able to be granted this visa if you are in any of the below three categories.

You are a member of the family unit of a New Zealand citizen, who is not an eligible New Zealand citizen and who either

- Is in Australia as the holder of a Subclass 444 visa; or
- Will be travelling with you to Australia and will be granted a Subclass 444 visa on entry. Your New Zealand family member must have (or be eligible for) a Subclass 444 visa. New Zealand citizens are not automatically granted a Subclass 444 visa.

You are in Australia and you meet all of the below

- You hold a Subclass 461 visa or you do not hold a substantive visa and the last substantive visa you held was a Subclass 461 visa.
- You are no longer a member of the family unit of the person in relation to whom you were previously granted a Subclass 461 visa.
- You have not become a member of the family unit of any other person (whether or not you are still a member of the family unit of that other person).

You are outside Australia and you meet all of the below

You either:
- have been in Australia as the holder of a Subclass 461 visa for at least 2 years in the past 5 years immediately before you made your visa application, or
- 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 a continuous period of 5 years or more immediately before applying for this visa (unless you have compelling reasons for your absence).
You held a Subclass 461 visa when you last left Australia.
You are no longer a member of the family unit of the person in relation to whom you were previously granted a Subclass 461 visa.
You have not become a member of the family unit of another person (whether or not you are still a member of the family unit of that other person).

New Zealand Citizen Family Subclass 461 Visa Checklist

For all applicants to be included in the application

1. Identity documents such as passport, birth certificate, proof of name change such as marriage or divorce certificate.
2. If you are or have been married, widowed, divorced or permanently separated, provide proof such as marriage certificates, divorce documents, death certificates, separation documents or statutory declarations.
3. Provide an overseas police certificate from every country, including your home country, where you spent a total of 12 months or more in the last 10 years since you turned 16, any military service records or discharge papers if you served in the armed forces of any country.
4. Passport size photographs.
5. Medical examinations.
6. Evidence that you are either the partner or the child or step-child of a New Zealand citizen or their partner.

For Primary Applicant

7. If you are married, provide your marriage certificate or other evidence that your marriage is valid in Australia. If you are a de facto partner for over a year, provide proof of ‘Genuine and Ongoing Relationship’ with your de facto partner.
8. If you haven't been in the relationship for 12 months, tell us in writing why the 12-month requirement does not apply such as either provide evidence you have registered your relationship with an Australian births, deaths and marriages agency, or explain any compelling and compassionate circumstances exists.
9. If you have previously been married, widowed, divorced or permanently separated, provide divorce documents, death certificates, separation documents or statutory declarations.

For Sponsoring Partner

10. Identity documents such as passport, birth certificate, and proof of name change such as marriage or divorce certificate.
11. If you are or have been married, widowed, divorced or permanently separated, provide proof such as marriage certificates, divorce documents, death certificates, separation documents or statutory declarations.
12. Provide Australian Federal Police clearance certificate (if in Australia).
13. Evidence that sponsoring New Zealand citizen holds or is eligible for Subclass 444 visa.