New Zealand citizen family relationship visa
(subclass 461)
The Family Relationship (Subclass 461) visa is designed for individuals who are not New Zealand citizens but are part of the family unit of a New Zealand citizen. It enables you to reside and work in Australia for a duration of five years.
The Family Relationship (Subclass 461) visa allows you to:
- Live, work, and study in Australia for a period of 5 years from the date your visa is granted.
- Travel to and from Australia as many times as you wish during the 5-year validity period.
- Be eligible even if you are not a New Zealand citizen at the time of application, provided you meet certain eligibility criteria.
With this visa you can
The visa allows you to reside, work, and study in Australia for five years from the date it is granted. Additionally, you have unrestricted travel to and from Australia during this five-year period.
​How long you can stay
This temporary visa allows you to stay in Australia for a duration of 5 years. It comes with multiple entry privileges, enabling you to travel to and from Australia as often as needed within the 5-year timeframe. The visa becomes valid from the date it is granted.
Include family
When applying for the Subclass 461 visa, you have the option to include other members of your family unit in your application. However, it’s essential to note that each applicant will undergo individual assessment. Those included in the application must meet the health and character requirements. Once the Subclass 461 visa application is lodged, you cannot add additional family members to it.
How long the child can stay
This visa is a permanent residency visa, allowing you to reside in Australia indefinitely. Your permanent residency status is confirmed either upon your entry into Australia with this visa or, if you previously held a permanent visa and departed Australia, upon the grant of this visa.
Newborn children
If your child is born after you have already applied for the Subclass 461 visa, you should promptly inform the Australian immigration authorities about the new addition to your family. Depending on the circumstances and the timing of the birth, additional documentation or procedures may be required to include your newborn child in your visa application or to arrange for their immigration status.
Additionally, it’s important to note that a child born to a New Zealand citizen parent in Australia might not automatically be eligible for New Zealand citizenship by descent. For specific information regarding New Zealand citizenship regulations and procedures, it’s advisable to refer to the official website of the New Zealand government.
Those family members applying for the visa alongside you must satisfy both the health and character requirements. Additionally, family members not intending to migrate to Australia might still need to meet the health requirement.
Stay longer
Once your Subclass 461 visa ceases, you are required to depart from Australia unless you hold another valid visa that allows you to stay lawfully. It’s important to comply with Australian immigration laws and regulations to avoid any adverse consequences.
If you wish to extend your stay in Australia and continue living with your New Zealand citizen family member, you may be eligible to apply for another Subclass 461 visa, provided you meet the relevant eligibility criteria. Be sure to carefully review the requirements and submit a complete and accurate application to avoid any delays or complications in the process.
Cost
The costs for a Subclass 461 visa application are as follows:
- AUD420.00 for the main applicant.
- AUD215.00 for each member of the family unit who is over 18 years of age.
- AUD105.00 for each member of the family unit who is under 18 years of age and included in a combined application with the main applicant.
Please note that additional costs may apply for health examinations, police certificates, and biometrics.
You can use the Visa Pricing Estimator to get an estimate of your visa application costs. However, please keep in mind that this tool may not include all potential expenses associated with your application.
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Processing times
For an estimate of processing times for your visa application, utilize the visa processing time guide tool, which provides information on recently decided applications. Please note that this is a general guide and may not be specific to your application.
Your application may experience delays if:
- The application form is not filled out accurately.
- All required documents are not included, or if additional information is requested from you.
- Verification of your information takes longer than usual.
It’s essential to ensure that the correct application fee is paid, as we cannot process your application without it. If there are any issues with payment, we will notify you and may return your application without processing it.
Your obligations
As per the conditions of your visa, you must adhere to the specified entry date mentioned in your grant letter. Typically, this initial entry date is set at 12 months from the date of visa approval. It’s essential to ensure that you and your accompanying family members enter Australia before this specified entry date.
Moreover, once you arrive in Australia, you must comply with all visa conditions and adhere to Australian laws. Failure to meet these requirements could result in visa cancellation or other legal consequences.
For detailed information about the specific conditions attached to your visa, you can refer to the visa conditions page provided by the immigration authority. Familiarizing yourself with these conditions will help you understand your rights and responsibilities as a visa holder in Australia.
Your obligations
You and your family members must adhere to all visa conditions and comply with Australian laws during your stay in Australia. Please review the specific conditions attached to your visa for further details.
Travel
You can travel outside Australia and return as many times as you want during the 5 years you may hold your visa.
Visa label
Eligibility
You are not an Australian citizen
You cannot be granted this visa if you are an Australian citizen.
You are not a New Zealand citizen
You are not eligible for this visa if you are a New Zealand citizen. However, if you acquire New Zealand citizenship during the processing of your application, you have the option to proceed with the application or withdraw it and apply for a Subclass 444 visa instead, provided you meet the requirements. It’s important to note that certain individuals may not qualify for New Zealand citizenship by descent. For further details, please refer to the New Zealand government website.
Relationship to a New Zealand citizen
You may be eligible for this visa if you fall into one of the following categories:
Family Unit Member of a New Zealand Citizen:
- You are a family unit member of a New Zealand citizen who is not an eligible New Zealand citizen.
- Your New Zealand family member is either in Australia holding a Subclass 444 visa or will be traveling with you to Australia and will be granted a Subclass 444 visa on entry.
- Note: 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 can verify their visa status using VEVO.
In Australia and Meet Specific Criteria:
- You are currently in Australia and meet the following conditions:
- You hold a Subclass 461 visa, or you do not hold a substantive visa and your last substantive visa was a Subclass 461 visa.
- You are no longer a family unit member of the person in relation to whom you were previously granted a Subclass 461 visa.
You have not become a family unit member of any other person.
Outside Australia and Meet Specific Criteria:
- You are outside Australia and meet the following conditions:
- You 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 you have substantial business, cultural, employment, or personal ties with Australia that benefit 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 family unit member of the person in relation to whom you were previously granted a Subclass 461 visa.
- You have not become a family unit member of another person.
Please ensure you meet all the specified criteria before applying for the visa.
Your immigration status when you apply
If you are outside Australia when you apply for the Subclass 461 visa, you can do so without needing to hold another type of visa.
However, if you are in Australia when you apply, you need to hold a substantive temporary visa at the time of application. This excludes holding 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 must not have been a Subclass 403 (Temporary Work (International Relations) visa in the Domestic Worker (Diplomatic or Consular) stream. Additionally, you must meet certain criteria, such as applying within 12 months after being the holder of a substantive visa.
Meet the health requirement
You and any family members applying for the visa with you must meet our health requirement. Additionally, we may request that other family members also fulfill this requirement.
Meet the character requirement
You and any members of your family unit who are 16 years of age or over and apply for the visa with you must meet certain character requirements. Other family members might also need to meet certain character requirements.
Have health insurance
It is advisable to obtain health insurance to cover any unforeseen medical treatment you might require while in Australia. You are personally responsible for all healthcare expenses during your stay in Australia. Having insurance can help mitigate your financial liability.
You can find information about what is considered adequate health insurance and learn more about health insurance for overseas visitors.
Additionally, some countries have reciprocal healthcare agreements with Australia. You can inquire further about these agreements from Services Australia.
Sign the Australian values statement
If you are 18 years of age or older when you apply, you are required to sign the Australian Values Statement unless we determine that compelling circumstances exist, which exempts you from signing it, based on your demonstrated circumstances.
Have paid back your debt to the Australian Government
You should not have any outstanding debts to the Australian Government. If you owe money to the Australian Government, you must have made suitable arrangements to repay the debt.
Not have had a visa cancelled or a previous application refused
We will take your immigration history into account when assessing your application. If you have had a visa cancelled or refused in the past, you may not be eligible for this visa. However, there are circumstances where you may still apply for a permanent visa despite past cancellations or refusals. For more information, refer to the document “Limitations on applications in Australia.” If you are applying for a visa from outside Australia, please refer to “Can I go to Australia” for guidance. If you require assistance with your visa application, you can seek help from immigration professionals.
Best interests of the child
If you are under 18 years of age, we will consider your best interest before granting this visa.
Not have a No Further Stay condition
You might not be able to apply for this visa if you have a No Further Stay condition.
Conditions
8303 - Not be disruptive
You are prohibited from engaging in activities that disrupt or incite violence against the Australian community or any group within it. This includes promoting extremist views or causing disruptions to the functioning of the Australian community.
8501 - Maintain adequate health insurance
You are required to have and uphold adequate health insurance coverage for the entirety of your stay in Australia. For specific details on how this condition may apply to you, refer to your visa details.