Subclass 461

New Zealand Citizen Family Relationship Visa

New Zealand Citizen Family Relationship Visa (Subclass 461)

Subclass 461

FEATURES

Subclass 461 New Zealand Citizen Family Relationship 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. It lets individuals to live and work in Australia for five years.

You can extend this visa for another 5 years by applying for another Subclass 461 visa if you meet the certain eligibility criteria.

You can apply for this visa whether you are outside or in Australia as long as you can demonstrate that you are in a relationship with a New Zealand citizen, or other eligibility criteria is met. Contact Hummingbird Legal to discuss whether you are eligible.

 

BENEFITS

While you are on the 461 New Zealand Citizen Family Relationship visa, you can come and stay in Australia for five years with the possibility of extension. You can also work in Australia, study in Australia (no government support), travel outside Australia as many times as you want.

ELIGIBILITY

If this is the first time you are applying for the Subclass 461 visa, you must be a member of the family unit of a New Zealand citizen, who is not an eligible New Zealand citizen.

For the Subclass 461 visa, a member of the family unit is someone who:

  • is a spouse or de facto partner of the New Zealand citizen; or
  • is a child or step‑child of the new Zealand citizen or the applicant (other than a child or step‑child who is engaged to be married or has a spouse or de facto partner); who has:
    • not turned 18; or
    • turned 18 but is dependent on the New Zealand citizen or the applicant

If you are married to the New Zealand citizen, your marriage must be valid under Australian law. This means you must have parental permission if you are 16 or 17 years of age.

If you are in a de facto relationship with the New Zealand citizen, usually your de facto relationship must have existed for at least 12 months immediately before you apply for the visa. Time spent dating or in an online relationship might not count as being in a de facto relationship.

The 12-month requirement will not apply if you can show compelling and compassionate circumstances exist to grant the subclass 309 visa.

The 12-month requirement also will not apply if:

  • your partner holds or held a permanent humanitarian visa; or
  • you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages

You must live with your spouse or do not live apart on a permanent basis and you and your spouse must both be committed to a shared life together to the exclusion of all others.

You must also show that your relationship is genuine and continuing in light of the following four aspects of relationship:

  • Financial aspects of the relationship
  • Nature of the household
  • Social aspects of the relationship
  • Nature of the commitment

 

EXTENSION ELIGIBILITY – IF YOU ARE NO LONGER A MEMBER OF THE FAMILY UNIT OF THE NEW ZEALAND CITIZEN

If you are in Australia and 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, and you are no longer a family member of the family unit of the New Zealand citizen to whom you were previously granted a Subclass 461 visa, then you must not have become a member of the family unit of any other person.

If you are outside Australia, 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 must also have held a Subclass 461 visa when you last left Australia and you must not have become a member of the family unit of another person.

 

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