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 someone that is not a New Zealand citizen to live in Australia with their New Zealand citizen family member who holds, or is able to hold a Special Category (subclass 444) visa.
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.
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 the process.
Contact us today for further assistance.