Visa Subclass 461 – New Zealand Family Visa Overview

The Subclass 461 visa allows a spouse, partner, or family member of a New Zealand citizen residing in Australia to live with their partner in Australia. This visa is specifically designed for individuals who are not New Zealand citizens but are part of a family unit of a New Zealand citizen holding a Subclass 444 visa in Australia. It enables you to live and work in Australia for a duration of five years, with multiple entry rights, allowing you to travel to and from Australia freely during this period.

Key Features of the Subclass 461 Visa

• Work Rights: Visa holders enjoy full work rights throughout Australia for five years from the date the visa is granted.
• Inclusion of Family Members: You may include children in your application; however, additional family members cannot be added after the application has been lodged. A child born to a New Zealand citizen parent in Australia may not qualify for New Zealand citizenship by descent.
• Limitations on Sponsorship: Holders of a Subclass 444 visa cannot sponsor family members for other types of family visa applications, including Partner, Parent, and Child visas.

Pathway to Permanent Residency

New Zealand citizens who have held a Subclass 444 visa and have lived in Australia for at least five years may apply for the Subclass 189 visa under the New Zealand Stream. This pathway enables eligible individuals to live and work permanently in Australia. As a dependent family member, you can be included in your partner’s application for a transition from a Subclass 461 visa to a permanent residency visa.

Visa Application Costs

• Base Application Charge: A$430
• Additional Applicant Charge for Applicants Aged 18 and Over: A$220
• Additional Applicant Charge for Applicants Under 18: A$105

All applicants must pay the Subclass 461 visa fee at the time of application lodgement.

Document Checklist

Estimated Processing Times

• Standard Stream: 25% of applications are processed within 7 months; 50% within 16 months. Individual processing times may vary.

Eligibility Criteria for Subclass 461 Visa

1. New Zealand Citizenship: You must not be a New Zealand citizen at the time of application. If you become a citizen during processing, you may continue with your application or withdraw it to apply for a Subclass 444 visa, provided you meet the requirements.
2. Australian Citizenship: Applicants who are Australian citizens cannot be granted this visa.
3. Immigration Status When Applying:
   • Outside Australia: You may apply for the Subclass 461 visa without holding another visa.
   • In Australia: You must hold a substantive temporary visa, excluding the Subclass 403 Temporary Work (International Relations) visa in the Domestic Worker (Diplomatic or Consular) stream. If you no longer hold a substantive visa, you must apply within 12 months after the last substantive visa expired.

Sponsorship and Assurance of Support

There is no requirement for the New Zealand citizen (Subclass 444 visa holder) to sponsor or provide support for this application. Additionally, there are no assurance of support criteria associated with this visa.

Health Insurance Eligibility

As the spouse of a New Zealand citizen who is a resident of Australia, you may be eligible for Medicare benefits.

Subclass 461 Visa Relationship Criteria

You may be eligible for the Subclass 461 visa if you meet one of the following conditions:

1. Relationship to a New Zealand Citizen: You are a family unit member of a New Zealand citizen currently in Australia on a Subclass 444 visa or traveling with you to Australia.
2. In Australia: You hold a Subclass 461 visa or do not hold a substantive visa, and the last substantive visa you held was a Subclass 461 visa. You must also not be a member of any other family unit.
3. Outside Australia: You have held a Subclass 461 visa for at least two years within the past five years or have significant ties to Australia that would benefit the country and have not been away for five consecutive years or more without compelling reasons.

Renewal of the Subclass 461 Visa

You may apply for a renewal of the Subclass 461 visa as long as you have not become a member of another family unit.

Frequently Asked Questions (FAQ) About Subclass 461 Visa

1. Who is eligible to apply for the Subclass 461 visa? To be eligible for the Subclass 461 visa, you must be a family member of a New Zealand citizen who holds a Subclass 444 visa in Australia. You must not be a New Zealand citizen yourself, and you must meet specific relationship criteria with the New Zealand citizen.
2. What are the work rights for holders of the Subclass 461 visa? Holders of the Subclass 461 visa have full work rights in Australia for five years from the date their visa is granted. This means you can work for any employer and in any industry during this period.
3. Can I include family members in my Subclass 461 visa application? Yes, you can include your children in your application for the Subclass 461 visa. However, once your application is lodged, you cannot add additional family members.
4. What is the application fee for the Subclass 461 visa? The base application charge for the Subclass 461 visa is A$430. Additional charges apply for other applicants, such as A$220 for applicants aged 18 and over and A$105 for applicants under 18. All fees must be paid at the time of application lodgement.
5. How long does it typically take to process a Subclass 461 visa application? Processing times for the Subclass 461 visa can vary. Generally, 25% of applications are processed within 7 months, and 50% are processed within 16 months. Individual processing times may differ based on various factors, including the completeness of your application and the current workload of the Department of Home Affairs.