New Zealand Citizen Family Relationship visa (subclass 461)

What can you do on the New Zealand Citizen Family Relationship visa (subclass 461)?

On the New Zealand Citizen Family Relationship visa, you can:

• live, work and study in Australia for 5 years from the date the Department of Home Affairs grant you the visa
• travel to and from Australia as many times as you want while the visa is valid
• include members of your family in your application
• apply again if you want to stay longer.

​How long you can stay on the visa?

The New Zealand Citizen Family Relationship visa is a temporary visa. You can stay in Australia for 5 years.

The visa is granted with multiple entry. You can travel to and from Australia as many times as you want whilst the visa is valid.

The visa starts on the date that the Department of Home Affairs grant the visa.

What family can be included on the visa?

You are allowed to include members of your family in your application when you apply for this visa. The family members who apply for the visa must meet the Department of Home Affairs character and health requirements.

Once your application is lodged, you can’t add any family members.

You can include members of your family when you lodge the application, all applicants are assessed individually against the criteria for a primary applicant. There are no secondary criteria. 

Do you want to stay longer in Australia?

Once the visa expires, you can’t stay any longer in Australia.

However, you can apply for another New Zealand Citizen Family Relationship (Temporary) visa (subclass 461) if:

• you are still a member of the family unit of the New Zealand citizen you named in your application for your first subclass 461 visa and that New Zealand citizen is in Australia on a Special Category visa (subclass 444)
• you are still a member of the family unit of the New Zealand citizen you named in your application for your first subclass 461 visa and that New Zealand citizen is outside Australia and will travel with you to Australia and be the holder of a Special Category visa (subclass 444) on entry to Australia
• your New Zealand citizen family member is not an eligible New Zealand citizen

You can also apply again if you are in Australia and:

• you hold a subclass 461 visa or it was the last Substantive visa you held
• you are no longer a member of the family unit of the New Zealand citizen named in your first application because of relationship breakdown
• you have not become a member of the family unit of another person (whether you are still part of that new family unit or not)

You can also apply again if you are outside Australia and:

• you either
  • have been in Australia as the holder of a subclass 461 visa for at least 2 years in the past 5 years
  • you 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 more that 5 years before applying for this visa (unless there is a good reason for being away)
• you held a subclass 461 visa when you last left Australia
• you are no longer a member of the family unit of the New Zealand citizen named in your first application as a result of relationship breakdown
• you have not become a member of the family unit of another person (whether you are still part of that new family unit or not)

Where can you apply for this visa?

When applying for this visa, you can be inside or outside of Australia. You can’t be in immigration clearance when applying.

If you apply in Australia, you must be in Australia when the Department of Home Affairs finalise your visa application. If you apply outside Australia, you must be outside Australia when the Department of Home Affairs finalise your visa application.

Your obligations

You and your family members must meet all visa conditions that are apply and follow all Australian laws.

Health Insurance

It is recommended by the Department of Home Affairs that you take out health insurance to cover any unforeseen medical treatment you might need in Australia.

As a visa holder, you are personally liable for all your healthcare costs whilst you are within Australia.

Travel

You can travel outside Australia and return as many times as you want while the visa is valid.

The time you spend outside Australia does not extend the visa.

Visa label

There are no physical visa labels anymore. The Department of Home Affairs will digitally link your visa to your passport.

You won’t get a label in your passport.

What are the eligibility requirements for the New Zealand Citizen Family Relationship visa?

Relationship to a New Zealand citizen 

You might be able to get this visa if:

• you are not a New Zealand citizen
• your New Zealand citizen family member is not an eligible New Zealand citizen
• you are one of the members of the family unit of a New Zealand citizen
• your New Zealand citizen family member is living in Australia on a Special Category visa (subclass 444) (they can check in VEVO) or will be travelling with you to Australia and should be granted a Special Category visa (subclass 444) on arrival.

Hold this visa

If you are offshore (outside of Australia), you can apply for the subclass 461 visa without needing to hold another type of visa first.

If you are onshore (inside of Australia) you need to hold a substantive visa when you lodge your application. If you do not hold a substantive visa you will need show you do not hold a visa because of factors beyond your control and there are compelling reasons to grant you a subclass 461. 

Your New Zealand family member must have (or be eligible for) a Special Category visa (subclass 444). New Zealand citizens are not automatically granted a 444 visa.

You can find out if your New Zealand family member holds a visa already by using VEVO.

Health requirement

You and any family members who apply for the New Zealand Citizen Family Relationship visa with you must meet the strict Department of Home Affairs health requirement.

If you apply for this visa from outside Australia, family members who are not coming to Australia might also have to meet the Department of Home Affairs health requirement.

Character requirement

You and family members aged 16 years and over who apply for the visa with you must meet the Department of Home Affairs character requirement.

The Department of Home Affairs might also ask that other family members meet the requirement.

Debt to the Australian Government

If you or any family members (including those who don’t apply for the visa with you) owe the Australian Government money, you or they must have paid it back or arranged to pay it back.

Have you had a previous application refused or visa cancelled? 

If you have had a visa application refused by the Department of Home Affairs or a visa cancelled whilst you were in Australia, you may not be granted a New Zealand Citizen Family Relationship visa.

It’s important to discuss with us your history as it can have a huge impact on your visa application.

What happens once the visa is granted?

What you must do when granted this visa

You and your family members must meet all visa conditions and always follow Australian laws. The visa conditions that must be adhered to can be found in your grant letter or via VEVO.

You can also see your work and study entitlements in VEVO.

Working on this visa

The New Zealand Citizen Family Relationship visa lets you work and study in Australia. You are protected by Australian workplace law throughout your employment in Australia.

Do you want to apply for the New Zealand Citizen Family Relationship visa?

If you would like to apply for this visa or have any questions, contact our team of immigration lawyers and registered migration agents.

We have assisted many New Zealanders through the Australian migration process. Don’t delay – contact us now.

See also