New Zealand Citizen Family Relationship (temporary) visa (subclass 461)

Sunday 5 November 2023

New Zealand Citizen Family Relationship (temporary) visa (subclass 461)

The New Zealand Citizen Family Relationship visa (subclass 461) is designed for individuals who are not New Zealand citizens but are members of a family unit of a New Zealand citizen. This visa allows you to live and work in Australia for a period of five years.

Process

In order to be eligible for the New Zealand Citizen Family Relationship visa (subclass 461), you must meet certain requirements:

  • You must not be a New Zealand citizen at the time of application
  • You must meet certain eligibility criteria

Help With Your Visa

If you require assistance with your visa application, it is important to ensure that you seek help from authorized sources. Before paying anyone for assistance, it is recommended to read the information on who can help with your visa application.

With This Visa, You Can

Upon being granted the New Zealand Citizen Family Relationship visa (subclass 461), you will have the following privileges:

  • Live, work, and study in Australia for a period of five years from the date of visa grant
  • Travel to and from Australia as many times as you want during the five-year period

How Long You Can Stay

The New Zealand Citizen Family Relationship visa (subclass 461) is a temporary visa that allows you to stay in Australia for a period of five years. The visa is granted with multiple entries, meaning you can travel to and from Australia as many times as you want during the five-year period. The visa will be in effect from the date it is granted.

Include Family

If you are applying for the New Zealand Citizen Family Relationship visa (subclass 461), you have the option to include other members of your family unit in your application. However, it is important to note that all applicants, including family members, will be assessed individually and must meet health and character requirements. It is not possible to add family members to a Subclass 461 visa application after it has been lodged.

Newborn Children

If your child is born after you have applied for the New Zealand Citizen Family Relationship visa (subclass 461), there are certain steps you need to follow. It is important to note that a child born to a New Zealand citizen parent in Australia may not be eligible for New Zealand citizenship by descent. For more information about New Zealand citizenship, please refer to the New Zealand government website.

Stay Longer

If you wish to stay in Australia after your New Zealand Citizen Family Relationship visa (subclass 461) ceases, you must apply for a further Subclass 461 visa and meet the eligibility requirements.

Cost

The cost of a valid application for a Subclass 461 visa is as follows:

  • Main applicant: [insert cost]
  • Members of the family unit over 18 years of age: [insert cost]
  • Members of the family unit under 18 years of age who make a combined application with the main applicant: [insert cost]

Please note that there may be additional costs for health examinations, police certificates, and biometrics. To estimate the total cost of your visa application, you can use the Visa Pricing Estimator. However, please be aware that the estimator does not take into account other potential costs.

Apply From

You can apply for the New Zealand Citizen Family Relationship visa (subclass 461) either in or outside Australia. However, if you are in immigration clearance, you cannot apply for this visa. For detailed information on how to apply, please refer to the Step-by-Step section. If your visa is granted, it is important to be aware of the location requirements specified in the Visa outcome.

Processing Times

The processing times for the New Zealand Citizen Family Relationship visa (subclass 461) can vary. To get an indication of the processing times for this visa, you can use the visa processing time guide tool. However, please note that the processing times shown are for recently decided applications and are not specific to your individual application. Factors such as incomplete forms, missing documents, or the need for additional information may result in longer processing times.

Your Obligations

As a holder of the New Zealand Citizen Family Relationship visa (subclass 461), it is important to comply with all visa conditions and Australian laws. Please familiarize yourself with the conditions that apply to your visa.

Travel

With the New Zealand Citizen Family Relationship visa (subclass 461), you have the freedom to travel outside Australia and return as many times as you want during the five-year period of your visa. It is important to ensure that you have a valid passport or travel document when traveling.

Visa Label

Instead of receiving a physical visa label in your passport, your New Zealand Citizen Family Relationship visa (subclass 461) will be digitally linked to your passport. You can prove your visa status and conditions by using the Visa Entitlement Verification Online (VEVO) system.

Eligibility Criteria

In order to be eligible for the New Zealand Citizen Family Relationship visa (subclass 461), you must meet the following criteria:

  • You are not an Australian citizen
  • You are not a New Zealand citizen (unless you become a New Zealand citizen during the processing of your application)
  • You are a member of the family unit of a New Zealand citizen who is either in Australia as the holder of a Subclass 444 visa or will be traveling with you to Australia and will be granted a Subclass 444 visa on entry

If you are already in Australia, you must meet additional criteria depending on your circumstances. If you are outside Australia, you must also meet specific requirements. It is recommended to carefully review the eligibility criteria to determine your eligibility for this visa.

Health and Character Requirements

As an applicant for the New Zealand Citizen Family Relationship visa (subclass 461), you and any members of your family unit who apply with you must meet certain health and character requirements. This includes providing relevant health examinations, police certificates, and other character documents. It is important to ensure that you meet these requirements to be eligible for the visa.

Australian Values Statement

If you are 18 years of age or older at the time of application, you must sign the Australian Values Statement. This statement affirms your commitment to uphold Australian values. However, there may be circumstances where you are not required to sign the statement due to compelling circumstances. Please refer to the Australian Values Statement for more information.

Debt to the Australian Government

Prior to applying for the New Zealand Citizen Family Relationship visa (subclass 461), it is important to ensure that you do not have any outstanding debts to the Australian Government. If you owe any money to the Australian Government, you must have made appropriate arrangements to repay the debt.

Visa Cancellation or Previous Application Refusal

Your immigration history will be taken into consideration when making a decision on your visa application. If you have had a visa cancelled or a previous application refused, you may not be eligible for the New Zealand Citizen Family Relationship visa (subclass 461). However, there may be certain circumstances where you can still apply for a permanent visa. It is recommended to review the limitations on applications in Australia and seek immigration assistance if needed.

Best Interests of the Child

If you are under 18 years of age, your visa application may not be granted if it is not in your best interest. This is taken into consideration when making a decision on your visa application.

No Further Stay Condition

If you have a No Further Stay condition on your current visa, you may not be able to apply for the New Zealand Citizen Family Relationship visa (subclass 461). It is important to check if this condition applies to you before submitting your application.

Before You Apply

Before applying for the New Zealand Citizen Family Relationship visa (subclass 461), there are a few important steps to consider:

Get Help With Your Application

If you require assistance with your visa application, it is recommended to seek help from authorized sources. Only registered migration agents, legal practitioners, or exempt persons are allowed to provide immigration assistance. You can appoint someone to receive documents on your behalf, but they must be authorized to provide immigration assistance.

Have a Valid Passport or Travel Documents

It is important to have a valid passport or other travel documents before applying for the visa. If you need to renew your passport, it is recommended to do so before submitting your visa application. If you are unable to obtain a passport or travel document, you should notify the relevant authorities as soon as possible.

Gather Your Documents

When applying for the New Zealand Citizen Family Relationship visa (subclass 461), you will need to provide various documents to prove your identity and relationship to a New Zealand citizen. This includes birth certificates, marriage certificates, and other relevant documents. It is important to ensure that all documents are accurate and provide a true representation of your identity and relationship.

Translate and Certify Documents

If any of your documents are not in English, it is necessary to have them translated by an accredited translator. Translators in Australia must be accredited by the National Accreditation Authority for Translators and Interpreters (NAATI). Additionally, when applying on paper, you must provide certified copies of your documents, including certified translations if applicable.

Keep a Copy of Your Application

It is recommended to keep a copy of your completed visa application, including all supporting documents, for your own records.

Submit Your Application

When submitting your application for the New Zealand Citizen Family Relationship visa (subclass 461), ensure that you have paid the application charge and attached all required documents. If your passport has expired, provide details and a copy of the expired passport, along with evidence of your application for a new passport. Post your application to the designated address, ensuring that you pay the correct postage amount. It is important to note that you cannot submit this application in person.

After You Apply

After submitting your application for the New Zealand Citizen Family Relationship visa (subclass 461), you will receive confirmation of receipt of your application and documents. It is important to keep track of the progress of your application and take necessary steps as advised.

Status Updates

If your application is within standard processing times, it is recommended not to call or email for updates. The Department of Home Affairs does not provide updates on the progress of individual applications. You will be contacted if any additional information is required. Additionally, the New Zealand Citizen Family Relationship visa (subclass 461) is a paper-based application and cannot be accessed through ImmiAccount.

Travel

If you apply for the visa while in Australia and plan to travel outside the country while your application is being processed, it is important to inform the Department of Home Affairs of your travel plans. You must ensure that you hold a valid visa that allows you to re-enter Australia. It is also recommended to familiarize yourself with visa expiry and bridging visas.

Health Exams

You may be required to undergo health examinations as part of the visa application process. It is recommended to check ImmiAccount for any health examination requirements. If examinations are required, it is advisable to complete them before lodging your application to expedite the processing.

Biometrics

In some cases, you may be asked to provide biometrics as part of the visa application process. If requested, you will be notified and provided with instructions on how to provide the biometric information.

Send More Information

If you did not provide all required documents at the time of application, you can send them to the same address where you submitted your visa application. It is important to provide any additional documents as soon as possible.

Stay Lawful

If you are in Australia while your New Zealand Citizen Family Relationship visa (subclass 461) application is being processed, it is crucial to maintain lawful non-citizen status by holding a valid visa. If you held a substantive visa at the time of application, you may be eligible for an associated bridging visa A (BVA), which will come into effect if your current visa ceases before the Subclass 461 visa is decided. This will allow you to stay lawfully in Australia while your application is being processed. It is important to be aware of visa expiry and take appropriate action if necessary.

Mistakes on Your Application

If you realize that you have made a mistake on your application, it is recommended to notify the Department of Home Affairs as soon as possible by completing Form 1023 - Notification of incorrect answers.

Help With Your Application

If you no longer want someone to assist you with your visa application, you should inform the Department of Home Affairs in writing. This includes the appointment or withdrawal of an authorized recipient for receiving your correspondence or the appointment of a registered migration agent, legal practitioner, or exempt person for providing immigration advice.

Tell Us If Things Change

If there are any changes to your personal information, such as phone number, address, passport details, or marital status, it is important to notify the Department of Home Affairs. Additionally, if there are any changes related to the birth of a child or if you wish to withdraw your application, you should inform the relevant authorities accordingly.

Visa Outcome

The decision on your New Zealand Citizen Family Relationship visa (subclass 461) application can be made while you are in or outside Australia. The Department of Home Affairs will notify you in writing of the decision. If your visa is granted, you will receive details such as your visa grant number, the date your visa starts, and your visa conditions. It is important to keep a copy of the decision with you when in Australia. In the event that your visa is refused, the Department of Home Affairs will provide a written explanation and information about your rights to review the decision.

Coming to Australia

Check Your Travel Documents

Before traveling to Australia, it is essential to ensure that you have a valid visa and a passport or other travel document. These documents are required for entry into the country.

At the Border

Upon arrival in Australia, all individuals are required to complete an Incoming Passenger Card. Additionally, there is an automated process called SmartGate that uses facial recognition technology and ePassports, which can expedite the immigration clearance process.

In Australia

Once in Australia on the New Zealand Citizen Family Relationship visa (subclass 461), it is important to comply with all visa conditions and Australian laws. You can check your visa conditions and work and study entitlements using the Visa Entitlement Verification Online (VEVO) system. If there are any changes to your personal situation, such as phone number, email address, address, or passport details, it is important to inform the Department of Home Affairs.

Leaving Australia

Before You Leave

Prior to departing Australia, it is necessary to ensure that you have a valid passport or other travel document.

At the Border

When leaving Australia, you may utilize the Departures SmartGate process, which facilitates faster airport clearance through facial recognition technology and ePassports.

After You Leave

If you have worked in Australia and meet certain criteria, you may have money in a superannuation fund. It is advisable to access your super by following the appropriate procedures. Additionally, you can request your international movement records to obtain proof of your travel in and out of Australia.

Process

If you are considering applying for the New Zealand Citizen Family Relationship visa (subclass 461), it is important to familiarize yourself with the process. The process includes meeting certain eligibility criteria, gathering and submitting the required documents, and paying the necessary fees. It is recommended to seek assistance from authorized sources and ensure that all steps are completed accurately and in a timely manner.

Notes

- You need to be holding a subclass 457 visa

With This Visa

- You can stay in Australia indefinitely

Visa Stay

The New Zealand Citizen Family Relationship visa (subclass 461) is a permanent visa that allows you to stay in Australia indefinitely.

Visa Cost

The cost of the visa can vary. It is recommended to check the current visa cost on the Department of Home Affairs website.

Visa Processing Time

The processing time for the visa can vary. It is advisable to use the visa processing time guide tool provided by the Department of Home Affairs to get an indication of the processing times for recently decided applications. However, please note that the processing times shown are not specific to your individual application.

See All Conditions

For a comprehensive list of conditions that apply to the New Zealand Citizen Family Relationship visa (subclass 461), it is recommended to consult the Department of Home Affairs website.

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New Criteria

There are new criteria that have been introduced for the New Zealand Citizen Family Relationship visa (subclass 461). These criteria include specific requirements and eligibility conditions that applicants need to meet. It is important to review these criteria to determine if they apply to your individual circumstances.

New Step

There is a new step in the visa application process that applicants need to follow. This step involves answering specific questions to determine eligibility and identify the requirements that apply to the applicant. It is advisable to carefully complete this step to ensure a smooth application process.

For Applicants

If you are applying for the New Zealand Citizen Family Relationship visa (subclass 461), it is important to carefully review the requirements and steps outlined by the Department of Home Affairs. By ensuring that you meet all the necessary criteria and provide accurate and complete documentation, you can increase your chances of a successful visa application.

For Sponsors

If you are sponsoring an applicant for the New Zealand Citizen Family Relationship visa (subclass 461), it is crucial to understand your responsibilities and obligations. By providing accurate and complete information, supporting documentation, and complying with the requirements set by the Department of Home Affairs, you can support the visa application process and contribute to a successful outcome.

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