Subclass 461 Visa New Zealand Citizen Family

Subclass 461 Visa Australia lets a spouse or partner or a member of family unit of New Zealand Citizen who is resident in Australia, to live with their partner in Australia.

Statement of Faith: We aim to provide Australian Immigration advice and assistance without discrimination on any grounds whatsoever.

Subclass 461 Visa New Zealand Citizen Family

New Zealand Citizen Family Relationship (Class UP) Subclass 461 Visa

This visa is for a person who is not a New Zealand citizen but is a member of a family unit of a New Zealand citizen who is in Australia on Subclass 444 visa. It lets you live and work in Australia for five years. The visa is granted with multiple entry. You can travel to and from Australia as many times as you want during the 5 year period.

Visa 461 Australia Holders Work Rights in Australia

The visa holders have full work rights to work anywhere in Australia, for 5 years from the date your visa is granted.

Including Family Members in Australia Visa 461

If you have children, they can also be included in your application. You can't add family members to a Subclass 461 visa application after it is lodged.

A child born to a New Zealand citizen parent in Australia may not be eligible for New Zealand citizenship by descent.

Subclass 444 visa holders cannot sponsor family members for other types of family visa applications, such as Partner, Parent, and Child visas.

461 Visa to Permanent Residency

Your New Zealand Partner who has held Subclass 444 visa and have lived in Australia for atleast the last 5 years can apply for Subclass 189 visa in New Zealand Stream. This allows eligible New Zealand citizens who have demonstrated commitment and contribution to Australia, to live and work in Australia permanently. You can be included in your partner's application for subclass 461 to permanent resident visa as dependent family member.

Subclass 461 Australian Visa Application Fees

Base Application Charge: A$1,330; Additional applicant charge for any other applicant who is at least 18: A$675; Additional applicant charge for any other applicant who is less than 18: A$325.

Estimated Processing Time

Standard Stream: 50% of applications in 3 Months; 90% of applications in 5 months.

Subclass 461 Visa Australia Relationship Eligibility

New Zealand Citizenship Status

You must not be a New Zealand citizen at the time of the application for this visa. If you become a New Zealand citizen during the processing of your application you can continue with the application, or instead withdraw it and apply for a Subclass 444 visa and be granted that visa if you meet the requirements.

Australian Citizenship Status

You cannot be granted this visa if you are an Australian citizen.

Your Immigration 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.

If 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.I

f 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.

Sponsorship or Assurance of Support for Subclass 461 Partner Visa

The New Zealand citizen (Subclass 444 visa holder) is not required to sponsor, nominate or otherwise give any support to this application. Nor is there any assurance of support criterion for this visa, even though the visa leads to very long-term temporary residency. Consequently, there are no sponsorship limitations associated with this visa.

461 Visa Health Insurance

As a spouse of New Zealand citizen (who is an Australian resident) you may be eligible for Medicare benefits.

Visa 461 Australia Relationship Criteria

Relationship to a New Zealand citizen

You might be able to be granted this visa if you are in any of the below three categories.

You are a member of the family unit of a New Zealand citizen, who is not an eligible New Zealand citizen and who either

- Is in Australia as the holder of a Subclass 444 visa; or
- Will be travelling with you to Australia and will be granted a Subclass 444 visa on entry. 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 are in Australia and you meet all of the below

- You hold a Subclass 461 visa or you do not hold a substantive visa and the last substantive visa you held was a Subclass 461 visa.
- You are no longer a member of the family unit of the person in relation to whom you were previously granted a Subclass 461 visa.
- You have not become a member of the family unit of any other person (whether or not you are still a member of the family unit of that other person).

You are outside Australia and you meet all of the below

You either:
- 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
- have substantial business, cultural, employment or personal ties with Australia that are of benefit to 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 member of the family unit of the person in relation to whom you were previously granted a Subclass 461 visa.
You have not become a member of the family unit of another person (whether or not you are still a member of the family unit of that other person).

461 Visa Relationship Breakdown

You can apply for renewal of subclass 461 as long as you have not become a member of the family unit of another person.

Subclass 461 Visa Frequently Asked Questions

Can 461 visa get Medicare​?

Yes, subclass 461 visa holder can get Medicare facility. However this is not an automatic right but is due to Reciprocal Health Care Agreement (RHCA) that Australia have with New Zealand.

How long does a 461 visa take to process​?

Visa subclass 461 processing takes approximately between 3 months to 5 months.

How to apply 461 visa online​?

Visa 461 is an online application that is applied through Department of Home Affairs IMMI Account portal.

Is visa 461 permanent residency​?

No, 461 visa is a temporary visa.

What is a 461 visa in Australia​?

This visa is for a person who is not a New Zealand citizen, but is a member of the family unit of a citizen of New Zealand.

Are subclass 461 visa holders considered international students by universities​?

Visa subclass 461 is a temporary visa. Therefore HECS or Fee HELP is not available for temporary visa holders.

Are you eligible for a maternity leave holding 461 visa​?

Subclass 461 visa is a temporary visa. Therefore visa holder is not eligible for Paid Parental Leave.

Can 461 apply for subclass 189​?

Subclass 189 visa is closed to subclass 461 visa holders since 1 July 2023.

Can i apply for 461 visa if i am unlawful​?

You can not apply for visa subclass 461 is you are unlawful in Australia.

Other Family Sponsored Visas

Partner Subclass 309 Visa

The subclass 309 visa allows the partner or spouse of an Australian citizen, Australian permanent resident or an eligible New Zealand citizen to live in Australia. You apply for the Partner (Temporary) Subclass 309 Visa and Partner (Permanent) Subclass 100 visa together. You must be outside Australia when you apply for this visa.

Partner Subclass 100 Visa

This subclass 100 visa allows the partner or spouse of an Australian citizen, Australian permanent resident or an eligible New Zealand citizen to live in Australia. You apply for the Partner (Temporary) Subclass 309 and Partner (Permanent) Subclass 100 visas together. You must be outside Australia when you apply for this visa.

Partner Subclass 820 Visa

This partner subclass 820 visa allows the partner or spouse of an Australian citizen, Australian permanent resident or an eligible New Zealand citizen to live in Australia. You apply for the Partner (Temporary) Subclass 820 Visa and Partner (Permanent) Subclass 801 visa together. You must be inside Australia when you apply for this visa.

Partner Subclass 801 Visa

This subclass 801 visa allows the partner or spouse of an Australian citizen, Australian permanent resident or an eligible New Zealand citizen to live in Australia. You apply for the Partner (Temporary) Subclass 820 visa and Partner (Permanent) Subclass 801 visa together. You must be inside Australia when you apply for this visa.

Prospective Marriage Subclass 300 Visa

This prospective marriage subclass 300 visa allows the partner or spouse of an Australian citizen, Australian permanent resident or an eligible New Zealand citizen to join their Australian citizen, Australian permanent resident or an eligible New Zealand citizen partner in Australia. This visa is applied by applicant's who are outside Australia at the time of application.

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Australia

Acknowlegement

We acknowledge the traditional custodians of country throughout Australia and their continuing connection to land, sea and community. We pay our respects to all Aboriginal and Torres Strait Islander peoples, their cultures; and to their Elders of past and present.

Disclaimer

We are independent consulting entities which are not associated in any way with the Australian ‘Department of Home Affairs’ (DOHA). Information on this website does not constitute personal migration advice. For a customized migration advice based on your personal circumstances, please call and talk to one of our Immigration Consultants or register your interest with our Associates.