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New Zealand citizen family relationship visa
(subclass 461)
The Subclass 461 visa allows you to live, work, and study in Australia if you are the family member of a New Zealand citizen. This visa is designed for the partner, child, or step-child of a New Zealand citizen who holds or is eligible for a Subclass 444 visa. It is an excellent option for those wanting to join their New Zealand citizen family member in Australia for an extended stay. You can only apply for this visa in or outside Australia through a paper application.
Eligibility Criteria
To be eligible for this visa, you must be:
- A partner of a New Zealand citizen: This includes both married and de facto partners.
- If there are Children, then a dependent child or step-child of a New Zealand citizen or their partner.
Additionally, the New Zealand citizen family member must either hold or be eligible for a Subclass 444 visa, which is available to New Zealand citizens living in Australia. This visa is the foundation for your eligibility to apply for the Subclass 461.
Key Benefits
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.
- Depending on your circumstances, you may be eligible for Australian healthcare and social services. This could include access to Medicare if your application qualifies under certain conditions.
- This visa can also be a stepping stone towards applying for permanent residency under subclass 820/801 in Australia, depending on your future visa options.
What you will need to apply:
- Proof of identity: You will need your valid passport and any supporting identity documents.
- Relationship evidence: Birth certificates, marriage certificates, or other documents to verify your relationship to the New Zealand citizen.
- Character and health documents: This includes police certificates from Australia and overseas, military service records, and a health examination. You may also be required to provide a New Zealand police certificate if applicable.
- Photos: Provide recent passport-sized photos for each person in your application.
Step-by-Step Guide to Applying
- Prepare Your Documents: Make sure you have gathered all the necessary identity, relationship, and supporting documents. This includes evidence of your relationship with the New Zealand citizen and other required documents such as health and character assessments.
- Complete the Application: Fill out Form 147 – Application for a New Zealand Citizen Family Relationship Visa (Subclass 461). Complete this form accurately and attach all required documents.
- Submit Your Application: Once your application form and documents are ready, submit your application by post. Ensure you pay the visa application fee and attach the receipt to your application.
- Wait for a Decision: After you submit your application, you will receive confirmation that it has been received. The Department of Home Affairs will process your application. You may be contacted if further documents are needed. If your visa is granted, you will receive your visa details in writing.
After You Apply
Once an application is lodged, a confirmation from the Department of Home Affairs will be received. It’s essential to keep your contact details updated to ensure you receive all correspondence related to your application.
You may be asked to attend an interview or provide additional documents if there are any issues with your application. If everything is in order, the Department will issue a decision. If your visa is granted, you will receive:
- Your visa grant number
- The date your visa starts
- Your visa conditions, which might include restrictions on working or travelling.
If your visa application is refused, you will be informed of the reasons for the refusal and whether you have the option to seek a review.
Important Considerations
- Valid Passport: Ensure your passport is valid before applying. If your passport has expired, you must provide details of your expired passport and evidence that you’ve applied for a new one.
- Character Checks: You must provide police certificates from every country you have lived in for 12 months or more in the last 10 years.
- Processing Times: The processing time can vary. Be sure to check the Department of Home Affairs website for the latest updates. Delays can occur if there is missing documentation or if additional information is required.
- Temporary Visa: The Subclass 461 visa is typically issued for a period of up to five years, depending on your situation and eligibility.
Evidence of Your Relationship
When applying for the Subclass 461 visa, you will need to provide clear evidence of your relationship with the New Zealand citizen. This may include:
- For Partners: Evidence of your marriage or de facto relationship, such as joint bank accounts, joint leases, photographs, and statements from friends or relatives supporting the genuine nature of your relationship.
- For Dependent Children: Birth certificates, proof of dependency, and documents showing that you have been financially dependent on the New Zealand citizen for a specified period.
- For Step-children: In addition to relationship evidence, you may need to provide parental responsibility documents, such as court orders or consent forms from the biological parent.
Newborn children or over-18 Dependant children
- Newborn Children: If your child is born after applying for the Subclass 461 visa, 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. Note that children born in Australia to New Zealand citizens may not automatically gain New Zealand citizenship by descent.
Over-18 Dependent Children: For dependents over 18, provide proof they are financially dependent on you for at least 12 months. This can include tax records, proof of education, or other evidence of support. All dependents must meet health and character requirements.
General: Family members not migrating may still need to meet health requirements. Ensure all documents are up to date.
Cost of New Zealand citizen family relationship visa
The costs for a Subclass 461 visa application are as follows:
- AUD $430.00 for the main applicant.
- AUD $220.00 for each member of the family unit who is over 18 years of age.
- AUD $105.00 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.
What Happens After Your Visa is Granted?
Once your Subclass 461 visa is granted, you can live, work, and study in Australia. This visa is a great option if you are seeking to be reunited with your New Zealand citizen family member. However, remember that it is a temporary visa. 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.
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.