Subclass 461 Australia Policy
Subclass 461 Visa Australia Policy
These are some of the relevant policies relevant to Subclass 461 visa application.
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.
The visa holders have full work rights to work anywhere in Australia, for 5 years from the date your visa is granted.
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.
Subclass 444 visa holders cannot sponsor family members for other types of family visa applications, such as Partner, Parent, and Child visas.
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 subclass 461 to permanent resident visa as dependent family member.
Base Application Charge: A$430; Additional applicant charge for any other applicant who is at least 18: A$220; Additional applicant charge for any other applicant who is less than 18: A$105. All applicants must pay 461 visa fee at the time of application lodgement.
Standard Stream: 25% of applications in 7 Months; 50% of applications in 16 months. Individual 461 processing times may vary.
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.
You cannot be granted this visa if you are an Australian citizen.
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..
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.
As a spouse of New Zealand citizen (who is an Australian resident) you may be eligible for Medicare benefits.
You might be able to be granted this visa if you are in any of the below three categories.
- 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 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 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).
You can apply for renewal of subclass 461 as long as you have not become a member of the family unit of another person.
These are some of the relevant policies relevant to Subclass 461 visa application.
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