NZ Citizen Family Relationship Visa (461)

Eligibility of the Applicant

To be eligible to apply for the New Zealand Citizen Family Relationship Visa (Subclass 461) Visa, the Applicant (the Spouse and/or Child) must:

•  Not be a New Zealand Citizen.

•  Be related to a New Zealand Citizen as their Partner or Child (some exemptions apply).

•  Hold a valid Visa (if Onshore).

•  Meet the character requirements.

•  Meet the health requirements.

•  Have valid health insurance.

The abovementioned criteria are the bare minimum. More information will need to be provided by the Applicant to confirm eligibility. Please contact our Office for a complimentary consultation to discuss your matter.

Eligibility of the Sponsor (the NZ Citizen)

The Sponsor must be in Australia and the holder of a Special Category Visa (Subclass 444), or will be travelling with the Applicant into Australia and be eligible to be granted a Special Category Visa (Subclass 444) on entry.

If the Sponsor is an 'eligible' New Zealand Citizen, then this will not be granted, and may cause issues for future Visa eligibility.

If the Sponsor is an 'eligible' New Zealand Citizen

If the Sponsor was in Australia on the 26th of February 2001 or was in Australia for 12 months between the 26th of February 1999 and the 26th of February 2001, then he/she is an 'eligible' New Zealand Citizen; and this will not be granted. 

Alternatively, if they meet the criteria of the new Direct Citizenship pathway, this may also not be granted.

Instead, the 'eligible' New Zealand Citizen may be able to sponsor their spouse for a Partner Visa; or sponsor their child for a Child Visa, both of which lead to Permanent Residency for the Applicant.

Processing Times

The times vary from case to case. The DHA’s released processing times estimate between a few days and 4 months for a decision. However, this changes on a monthly basis. Nothing can ever be guaranteed in this industry; however, decision-ready Visa applications usually get faster decisions.

Visa Application Charge

The DHA charges $430 (AUD) for a New Zealand Citizen Family Relationship Visa (Subclass 461) Visa.

Members of the family unit can be included as secondary applicants (additional DHA fees apply).

There may be other additional costs, such as:

 •  The Professional Fees of the Firm that has been appointed (if applicable).

 •  Immigration Health Examinations.

 •  Criminal History Certificates.

 •  Document Translations (if applicable).

 •  Bank Surcharges.

After the Decision

If the New Zealand Citizen Family Relationship Visa (Subclass 461) is granted, then the Applicant will receive a 5-year temporary Visa to Australia.

During this time, they can live, work and travel within Australia and overseas without any restrictions. They may be eligible to re-apply after before this Visa expires.

The criteria listed are the bare minimum. More information will need to be provided by both the Applicant and the Sponsor to confirm eligibility. The DHA makes frequent legislative changes in relation to Visa criteria and eligibility; in some instances, without any prior notice.