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Subclass 461 New Zealand Citizen Family Relationship visa
Get to know your new life in Australia with the New Zealand Citizen Family Relationship visa
Are you a New Zealand citizen living in Australia that would like to invite family members to come and visit? This visa might be for you. In this article we’ll guide you through the process involved in applying for the Subclass 461 and bring to your attention things to consider before lodging your application.
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The Australian Migration Lawyers difference
Fixed price
There are no hidden costs for our services. Our fees are clearly set out in a fee agreement.
Deal direct with a lawyer
From the first same-day response to the granting of your visa, you’ll have direct access to a lawyer.
Clear communication
Our experienced lawyers will give you regular updates and clear explanations of visa pathways.
Satisfaction guarantee
We offer a client satisfaction guarantee in relation to our visa application services.
Installments available
3 - 6 months installment options available on some visa types.
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What is a New Zealand Citizen Family Relationship visa (Subclass 461)?
The subclass 461 visa enables a person who is not a New Zealand citizen but is a member of a family unit of a New Zealand citizen that currently holds or is eligible to hold a Special Category visa (subclass 444), to live, work and study in Australia for 5 years.
Sponsors must be a New Zealand citizen, however they cannot be classed as an “eligible New Zealand citizen” for immigration purposes. This category can include New Zealand citizens who were in Australia on or before 26 February 2001.
Eligibility requirements for a Subclass 461 visa
The following criteria must be met to be eligible for the 461 visa:
- You are not an Australian citizen
- You are not a New Zealand citizen
- You have a relationship with a New Zealand citizen as a spouse or child
- You meet the health and character requirements
- You hold private health insurance
Benefits of the Subclass 461 visa
The subclass 461 visa is a great pathway for eligible family members of New Zealand citizens. Its benefits include the ability to:
- Be onshore or offshore when applying for this visa
- Work or study in Australia
- Travel in and out of Australia
- Include other eligible family members in the application
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Subclass 461 visa checklist
Subclass 461 visa applications are paper-based applications that cannot be lodged online and require an extensive amount of evidentiary documentation. The Australian government requires the applicant to prove their identity and relationship to a New Zealand citizen.
The checklist is extensive and makes up the documents that form your paper-based lodgement. To reiterate, that means you cannot lodge your application online like most other visa types. These factors cause plenty of stress for people looking to sponsor a family member or obtain this visa. Let us help you reduce the stress and streamline the process. Get in touch with us and speak to one of our team about ways we can best support you on your journey.
The following documents must be provided to support an application:
- Passport
- Full Birth Certificate
- Passport sized photos
- National identity card (if applicable)
- Driver’s licence (if applicable)
- Divorce Certificate (if applicable)
- Australian police clearance certificate
- New Zealand police clearance certificate
- Overseas police clearance certificate (if applicable)
- Health examination
- Birth Certificate
- Marriage Certificate
- Adoption Certificate or Parental court orders
- Photos
If the sponsorship is for a partner:
- Evidence of Financial aspects of the relationship
- Evidence of Nature of the household
- Evidence of Social aspects of the relationship
- Evidence of Nature of the commitment
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How the Subclass 461 visa works
The visa requires the applicant to submit a 461 visa application along with additional supporting documentation by post. As mentioned above, due to the substantial amount of additional documents required from the visa applicant, we advise that you seek assistance from a legal professional as insufficient evidence may cause significant delays in progressing an application.
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Future visa pathways
The subclass 461 visa does not create a pathway to permanent residency. However, if your sponsoring family member attains Australian permanent residency or citizenship, they may be eligible to sponsor you on a permanent visa such as a partner visa. Alternatively, you could apply for another permanent visa, such as skilled visas or employer-sponsored visas, to obtain permanent residency.
Benefits of using an immigration lawyer
The team at Australian Migration Lawyers is made up of lawyers experienced in the continuously evolving migration legislation and policies. We have a high success rate for partner visas and other primary applications, and we do not avoid challenging cases. One of our primary objectives is to enhance access to justice, a commitment we fulfill by representing every individual who seeks our guidance with their visa application.
At Australian Migration Lawyers, our team consists of trained Australian lawyers who are proficient in Australian laws and legal precedents to provide assistance with your 461 application. We also advise you on other migration avenues and strategies where appropriate. As legal professionals, we are responsible for ensuring that your application meets all the requirements to increase your chances of a visa grant.
We are able to assist with further requests made by the Department of Home Affairs thereby providing guidance from the beginning of the preparation process through to its completion.
- At Australian Migration Lawyers, our team consists of certified Australian lawyers who leverage their grasp of Australian laws and legal precedents to provide assistance with your 461 application.
- We can advise you on other migration avenues and strategies at your disposal.
- As legal professionals, we bear the responsibility of ensuring that your application aligns with all statutory prerequisites, thereby naturally increasing your chances of a favourable outcome.
- We extend our assistance with preparing your application right through to the visa's approval, including collaborating with you to address any additional requests made by the Department of Home Affairs.
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Subclass 461 visa costs
There are two main costs associated with 461 visas:
Professional fees
Our fees will vary depending on the circumstances of your application. Some applications will be more complex than others and our fees will be quoted accordingly. We work on a fixed-fee basis rather than billing hourly to provide our clients with certainty about what the total costs associated with their 461 visa application will be. We offer payment plans based on different financial needs to provide flexibility for our clients.
Department fees
At time of posting, the current fee for the Department of Home Affairs in relation to 461 visa applications is $420 for the main applicant. This fee must be paid upfront and the Department does not accept split payments. Payment can be made using debit/credit card, PayPal, UnionPay and BPAY.
Visa application process
Applying for a visa to Australia can be complex. With help from an Australian Migration Lawyer, we can untangle this complexity, and help you apply for the right visa.
1. Consultation and engagement
Organise a consultation time to speak with one of our lawyers. You can meet with us in person, via Zoom or telephone. Following this, we will send you paperwork that confirms our engagement to represent you.
2. Preparation and support
We will prepare written submissions in support of your visa application. This will be based on your individual circumstances, and supported by evidence where appropriate.
3. Submission and communication
We submit your application to the relevant body (Department of Home Affairs, courts or tribunal). We will continue to update you concerning the status of your application.
4. Representation and success
We will keep you informed about your application, and notify you of the outcome. If you receive an unfavourable outcome and we can reapply, we will!
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Processing times
Processing times for a 461 visa can take up to 2 years, with further delays if the application forms are not completed correctly or if all the required documents are not provided. Therefore, it is recommended that you seek professional legal advice to prevent potential delays or refusals.
Conditions
As legal professionals, we are unable to provide assurances that your Partner visa will be approved, as no such guarantee exists. The ultimate decision lies with the Department of Home Affairs and is not within the purview of any single representative, lawyer, or migration agent. Nevertheless, our thorough comprehension of the law allows us to greatly enhance your likelihood of a successful outcome.
Once approved, the following visa conditions may be attached:
- You are prohibited from becoming involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community
- You are required to have and maintain private health insurance throughout your entire duration of stay in Australia.
Failure to comply with visa conditions may result in visa cancellation.
Meet your Australian Migration Lawyer
We’re a diverse team of professionals with decades of combined experience. We care about your situation and will make sure you always get the support and advice you need.
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Locations
We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.
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Learn moreFrequently asked questions
Read our most commonly asked questions about subclass 461 visas:
What is a family unit?
A family unit is defined as a spouse/de facto partner, child/step-child or dependent child of you or your partner’s child/step-child.
What happens if my relationship ends while I am on this visa?
One of the advantages of the 461 visa is that you may still renew this visa in the event of a relationship breakdown provided that you are not in a new relationship or part of a new family unit.
Can the subclass 461 visa be renewed?
The 461 visa can be renewed after the five year period ceases if the eligibility requirements are met.
What if I become a New Zealand citizen?
You are still eligible for the 461 visa If you become a New Zealand citizen while your application is being processed. Alternatively, you could apply for a Subclass 444 visa if you meet the eligibility requirements.
About the content author
Perry Q Wood is National President of the Australian Institute of Administrative Law and one of Australia’s leading administrative and migration lawyers. To date, he has been involved in 1,000+ migration and refugee matters.
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