Are you in a relationship with a New Zealand citizen?
If you are in a relationship with a New Zealand citizen you may be eligible to apply for a five year temporary visa that enables you to live in Australia with your New Zealand citizen family member who holds, or is able to hold a Special Category (subclass 444) visa.
This visa is also available to other eligible family members of New Zealand Citizens.
The Special Category (subclass 444) visa enables those New Zealand citizens who entered Australia after 26 February 2001 to live and work in Australia as long as they wish.
New Zealand citizens who were living in Australia on 26 February 2001 or lived in Australia for at least one year in the two years immediately before 26 February 2001 are known as ‘Eligible New Zealand Citizens’.
Eligible New Zealand citizens have the same rights and entitlements as Australian citizens. If you are an ‘Eligible New Zealand’ Citizen and you wish to have your partner live with you in Australia, you will need to consider the Partner visa options.
If your partner is a New Zealand citizen and you do not hold an Australian visa, or your Australian visa is soon to be expiring, this visa option is an excellent pathway to remain in Australia with your family member.
The visa is granted for five years, with the ability to extend onshore.
Information On The Subclass 461 Visa
The visa is granted for five years, with the ability to renew onshore.
You must be related to the New Zealand Citizen as one of the following:
- Their partner;
- Their child/step-child or their partner’s child/step-child;
- The dependent child of you or your partner’s child/step-child.
You will be able to work and study unlimited hours in Australia. You will be able to travel to, enter and remain in Australia for five years from the date the visa is granted.
What Are The Requirements Of The Subclass 461 Visa?
To apply for the subclass 461 visa you must be able to meet the following criteria:
You must be an eligible family member of a New Zealand citizen who is living in Australia on a Special Category visa (subclass 444) or be travelling to Australia with a family member who will be granted a Special Category visa (subclass 444) visa upon their arrival.
Eligible family members are a partner, child/step-child or their partner’s child/step-child or the dependent child of you or your partner’s child/step-child.
If you are applying as the Partner of a New Zealand citizen, you must satisfy the Department of Immigration that you are in a genuine and continuing defacto or spousal relationship with your partner.
How Can We Help?
If you are considering applying for this visa, it is important that your application is lodged correctly with the appropriate evidence and documentation being provided to the Department. Ethos Migration Lawyers has assisted many applicants be granted the subclass 461 visa and can assist you or your family member with
Processing times for the New Zealand Family Relationship (subclass 461) visa are generally in excess of two years
The government fees for a New Zealand Citizen Family Relationship (subclass 461) visa is AUD $365.00.
An eligible New Zealand citizen is a New Zealand citizen who holds a Special Category (subclass 444) visa.
If you apply for your New Zealand Citizen Family relationship (subclass 461) visa while you are in Australia you will be issued a bridging visa for the time the substantive visa takes to process.
Yes, you can apply for the New Zealand Citizen Family Relationship (subclass 461) visa onshore in Australia or offshore.
Unfortunately not. However, if the NZ Family member obtains Australian permanent residency or Australian citizenship they could consider sponsoring you for a Partner Visa.
As a visa applicant, you have an obligation to inform the Department of Home Affairs of any change in information that you may have given. This obligation remains even if you are subsequently granted a visa.
Yes, you can lodge your New Zealand Citizen Family Relationship (subclass 461) visa online through your Immi Account.
The New Zealand Citizen Family Relationship (subclass 461) visa gives you full work and study rights in Australia.
The New Zealand Citizen Family Relationship (subclass 461) visa is available to de facto partners, spouses or dependent children of the main applicant or their partner.
