Subclass 461
New Zealand Citizen Family
Relationship Visa
Eligibility Criteria
You might be able to be granted this visa if you are in any of the below three categories.
1. You are the family member of a New Zealand citizen who is either:
- Currently holding a Subclass 444 visa in Australia (verify in VEVO), or
- Will obtain a Subclass 444 visa upon entry to Australia (check eligibility). Note: Your New Zealand family member must already hold or be eligible for a Subclass 444 visa.
2. You are in Australia and:
- Hold a Subclass 461 visa, or your last substantive visa held was a Subclass 461 visa.
- You are no longer a family member of the person you were previously associated with under a Subclass 461 visa.
- You have not become a family member of any other person since.
3. You are outside Australia and:
- Have either spent at least 2 years in Australia on a Subclass 461 visa in the past 5 years, or have significant business, cultural, employment, or personal ties to Australia.
- Have not been away from Australia for 5 years or more continuously, unless you have compelling reasons.
- Held a Subclass 461 visa when you last left Australia.
- You are no longer a family member of the person you were previously associated with under a Subclass 461 visa.
- You have not become a family member of any other person since.
Your immigrations status when you apply
If you are outside Australia when you apply
You can apply for the subclass 461 visa without needing to hold another type of visa.
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.
- Meet the health requirement – You and any members of your family unit who apply for the visa with you must meet certain health requirements.
- Meet the character requirement – You and any members of your family unit 16 years of age or over who 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 recommended you take out health insurance to cover any unforeseen medical treatment you might need in Australia. You are personally liable for all your healthcare costs while you are in Australia. Insurance can help limit your financial liability.
Some countries have a reciprocal healthcare agreement with Australia. Find out more from Services Australia about reciprocal healthcare agreements.
- Sign the Australian Values Statement – If you are 18 years of age or older when you make your application, you must sign the Australian Values Statement unless we decide you are not required to sign it due to any compelling circumstances that you have demonstrated.
- Have paid back your debt to the Australian Government – You should not have any outstanding debts to the Australian Government. If you owe the Australian Government any money, you must have made appropriate arrangements to pay it back.
- Not have had a visa cancelled or a previous application refused – Department will consider your immigration history when we make a decision on your application, which means you might not be eligible for this visa if you have had a visa cancelled or refused. In some circumstances you may still apply for a permanent visa if you have had a visa cancelled or an application refused. Contact Emigrate Lawyers for more information.
- Best interests of the child – If you are under 18 years of age, we might not grant this visa if it is not in your best interest.
- 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. Contact Emigrate Lawyers if this affects you.
Include Family
You can combine your application with other members of the family unit when you apply.
Members of the family unit who apply for the visa must meet health and character requirements.
You can’t add family members to a Subclass 461 visa application after it is lodged.
While applicants can include members of their familyunit when they lodge the application, all applicants are assessed individually.
Newborn Children
Find out what to do if your child is born after you apply.
Note: a child born to a New Zealand citizen parent in Australia may not be eligible for New Zealand citizenship by descent. For information about New Zealand citizenship, see the New Zealand government website.
Stay Longer
You can’t stay in Australia after your visa ceases unless you are the holder of another visa.
You can apply for a further Subclass 461 visa if you meet the eligibility requirements.
Cost
The below are the costs to make a valid application for a Subclass 461 visa:
You might also have to pay other costs such as for health examinations, police certificates and biometrics.
To work out what your visa application might cost, use the Visa Pricing Estimator. The estimator does not take into account the other costs.
Apply Form
You can be in or outside Australia when you apply for the visa but not in immigration clearance.
See the Step-by-Step section for information on how to apply.
See Visa outcome or information on where you must be if we grant you the visa.
Processing Times
For an indication of processing times for this visa, use the visa processing time guide tool. This will show the processing times for recently decided applications. It is a guide only and not specific to your application.
Your application can take longer to process if:
- you do not fill the form out correctly
- you do not include all the documents or if more information is requested from you
- it takes us longer than usual to verify your information
We cannot process your application if you do not pay the correct cost. We will notify you if this is the case and if necessary return your application without processing it.
Your Obligations
You and members of your family unit must meet all visa conditions that apply and follow all Australian laws.
See the conditions for this visa.
Travel
You can travel outside Australia and return as many times as you want during the 5 years you may hold your visa.
Why Choose Emigrate Lawyers?
Our team of seasoned immigration lawyers possesses in-depth knowledge and extensive experience in handling migration applications. We stay updated with the latest legal developments to offer you the best possible advice and representation.
We recognise that every client’s situation is unique. At Emigrate Lawyers, we take the time to understand your specific circumstances and tailor our services to meet your individual needs. Our goal is to provide you with the most effective legal strategies to ensure a successful outcome.
We believe in transparent and predictable legal costs. Our fixed fee guarantee ensures that you know exactly what to expect, with no hidden charges. This allows you to focus on your case without worrying about financial uncertainties.
Your satisfaction is our top priority. We are committed to delivering exceptional service and achieving the best possible results for our clients. Our track record speaks for itself, with countless successful Protection Visa applications and satisfied clients.