New Zealand Citizen Family Visa
Work, study & enjoy life together: The NZ Citizen Family Visa (Subclass 461)
New Zealand Citizen Family Relationship visa (Subclass 461)
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.
If you’re looking to understand how your relationship to a New Zealand citizen might affect your ability to get a visa, here’s a simplified breakdown:
In Australia with a New Zealand Citizen:
You can apply for this visa if you’re a family member of a New Zealand citizen who’s either in Australia on a Subclass 444 visa already or will get one when entering Australia.
In Australia with a Subclass 461 Visa:
If you’re already in Australia on a Subclass 461 visa or had one before, and now you’re no longer part of that person’s family, you may be eligible.
Outside Australia:
If you’ve been in Australia on a Subclass 461 visa for at least 2 years in the past 5 years, or if you have strong ties to Australia and haven’t been away for more than 5 years, you might qualify.
You must have had a Subclass 461 visa when you last left Australia, and you’re no longer part of that person’s family.
Considering applying for the Subclass 461 visa? Here’s a breakdown of the application process.
Step 1: Check Your Eligibility
The Subclass 461 visa is for family members of New Zealand citizens who are not themselves New Zealand citizens. To be eligible, you must meet the following criteria:
- Not a New Zealand Citizen: You must hold a citizenship other than New Zealand.
- Family Relationship: You must be a close relative of a New Zealand citizen who meets specific residency requirements in Australia. These can include spouses, de facto partners, dependent children (including adult children under certain circumstances), and some widowed, separated, or never-married relatives who are financially dependent on the NZ citizen.
- Location Matters: Your eligibility also depends on where you are applying from – within Australia or outside Australia.
Step 2: Gather Your Documents
Once you’ve confirmed your eligibility, it’s time to gather the required documents. This typically includes:
- Completed visa application form (including any additional forms)
- Proof of your identity (passport, birth certificate)
- Evidence of your relationship to the New Zealand citizen (marriage certificate, birth certificates, de facto relationship evidence)
- Proof of the NZ citizen’s residency status in Australia (their visa grant letter or Subclass 444 visa)
- Health checks and character certificates (if applicable)
- Financial documents (if required)
Step 3: Lodge Your Application
You can lodge your application online or through a registered migration agent like Mariani Migration Consultants. We can help ensure your application is complete and meets all the requirements.
Step 4: Wait for a Decision
The processing times for the Subclass 461 visa can vary depending on individual circumstances. The Department of Home Affairs will assess your application and contact you with their decision.
Who Can Apply:
The Subclass 461 visa is open to family members of New Zealand citizens who are not themselves New Zealand citizens. This can include:
- Spouses or de facto partners of a New Zealand citizen
- Dependent children of a New Zealand citizen (including adult children under certain circumstances)
- Widowed, separated, or never-married relatives of a New Zealand citizen who are financially dependent on them (with specific conditions)
Location Matters:
Your eligibility also depends on where you are applying from:
- Applying from Within Australia:
- Your New Zealand citizen family member must hold a Subclass 444 visa (Special Category Visa).
- You may be eligible if you previously held a Subclass 461 visa and your family circumstances have changed.
- Applying from Outside Australia:
- You may qualify if you held a Subclass 461 visa for at least 2 years in the past 5 years and have strong ties to Australia (limited situations).
Additional Considerations:
- You must meet health and character requirements.
- You may need to have paid any outstanding debts to the Australian Government.
For detailed eligibility and exemptions:
The Four pillars
Partner Visas: The 4 Main Aspects of the Relationship
To be eligible for a partner visa, you must demonstrate that your relationship is genuine and continuing. Decision makers assess four key factors:
Financial Aspects
Evidence of shared finances indicates a genuine relationship:
- Joint ownership of property or major assets
- Shared financial responsibilities and liabilities
- Combined household expenses and joint bank accounts
Nature of the Household
- Evidence of a shared household includes:
- Joint ownership or lease of residential property
- Shared responsibility for children
- Joint utility bills and household chores
- Mail addressed to both partners at the same address
Social Aspects
- Evidence of your relationship’s social aspects:
- Relationship declared to government and public institutions
- Joint travel plans and future intentions
- Statements from friends and family
- Joint participation in social, cultural, or group activities
Nature of Commitment
- Evidence of mutual commitment and seriousness of the relationship:
- Length of the relationship and cohabitation
- Knowledge of each other’s personal circumstances
- Emotional support and companionship
- Long-term intentions and plans
Checklist
Partner Visa Applicant Document
- Primary Identity Proof (One of the following):
- Birth certificate showing both parents’ names
- Identification pages of a family book showing both parents’ names
- Identification pages of a government-issued ID document
- Identification pages of a court-issued document proving your identity
- Identification pages of a family census register
- Passport: Current passport page showing photo, personal details, issue, and expiry dates
- Photographs: Two recent passport photos (45 mm x 35 mm) with your name printed on the back
- National Identity Card (if applicable)
- Proof of Name Change (if applicable)
- Form 888: Two statutory declarations from supporting witnesses
- Proof of Relationship: Evidence that your relationship is genuine and continuing
- Marriage Certificate (if married)
- De Facto Relationship Proof (if applicable)
Previous Relationships
- Documents: Divorce papers, death certificates, separation documents, or statutory declarations for any previous marriages or relationships
Meeting Australian Visa Health Requirements
- Australia maintains high health standards, and most visa applicants must meet minimum health requirements to be granted a visa. This process is known as meeting the health requirement.
Why You Must Meet the Health Requirement
- Most visa applicants, including some family members not migrating to Australia, must meet the health requirement. Health examinations might be necessary, and results will be assessed by a Medical Officer of the Commonwealth (MOC).
The MOC evaluates if your medical condition might:
- Threaten public health
- Result in significant healthcare and community service costs
- Place a demand on healthcare or community services in short supply
- The MOC's advice is based solely on medical conditions, not personal circumstances like private health insurance or financial ability to pay for treatment. The MOC might also recommend you sign a health undertaking.
- Significant Healthcare and Community Service Costs
- The MOC considers if your health condition could impose significant costs on the Australian community. Cost assessments vary:
- For temporary visas: Costs are calculated for the period of stay.
- For permanent visas: Costs are estimated for up to 10 years or life expectancy.
- A health condition doesn't always mean you'll fail the health requirement due to costs, which depend on the condition's type and severity. Costs of AUD 51,000 or more are considered significant.
- Safeguarding Access to Healthcare and Services
- The MOC also assesses if your condition might limit Australian citizens' or residents' access to scarce healthcare or community services, like organ transplants or dialysis. In some cases, a health waiver might be exercised if granting the visa wouldn't result in significant costs or limit access to these services.
Meeting Character Requirements
To visit or live in Australia, you must meet the character requirements as outlined under section 501 of the Migration Act 1958. This applies to visa applicants and those seeking Australian citizenship. Character requirements are crucial for ensuring safety and integrity in the Australian community. Key considerations include criminal history, involvement in certain organizations, and potential risks to the community. Applicants may need to provide police and military certificates, and disclose all past criminal conduct truthfully. Failure to meet these requirements can lead to visa refusal or cancellation, though there are processes to appeal decisions through the Administrative Appeals Tribunal (AAT).
- Form 80: Personal particulars for assessment (including character assessment)
- Police Certificates
- Military Records: Service records or discharge papers (if applicable)
Sponsor Document Checklist
Sponsorship Application
- Online Submission: Lodge your sponsorship form online after your partner has submitted their visa application and provided you with their Transaction Reference Number (TRN) or application ID
- Identity Documents
- Proof of Citizenship/Residency: Evidence that your sponsor is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen
- Proof of Residence: If your sponsor is an Australian permanent resident or eligible New Zealand citizen, provide proof they usually live in Australia
Character Documents
- Form 80: Personal particulars for assessment (including character assessment)
- Police Certificates
- Military Records: Service records or discharge papers (if applicable)
Proof of Relationship (For Both Applicant and Sponsor)
Comprehensive Evidence: Provide as many documents as possible to show your relationship is genuine and continuing, based on the four pillars of the relationship:
- Financial Aspects
- Nature of the Household
- Social Aspects
- Nature of Commitment
For more information
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