New Zealand Citizen Family Relationship Visa (Subclass 461)

461 Visa

A subclass 461 New Zealand family relationship visa is a temporary visa that allows the holder to live in Australia for up to 5 years. It is available to family members (spouses, de facto partners, and dependent children) of New Zealand citizens who either hold or are eligible for a subclass 444 special category visa.

Family Relationship Visa Requirements

Identity

The applicant must provide evidence of their identity, which includes their passport and birth certificate.

Health Assessment

The applicant must undergo a health assessment, which includes a chest x-ray and HIV test. If an applicant suffers from a condition that is likely to incur excessive costs in Australian public health care, they fail the health assessment. It is possible to apply for a waiver, which is mostly based on their financial capacity to mitigate health costs.

Character Test

The applicant is required to show they are of good character. Police clearances for any country they have lived in for 12 months or more (cumulatively) within the past 10 years are required. Anyone with a substantial criminal record (usually a prison sentence of over 12 months) fails the character test unless there are factors in their favour.

Must be in the Same Family Unit as a Special Category Visa Holder

The applicant must be in the same family unit as a New Zealand citizen who either holds or is eligible to apply for a subclass 444 special category visa. To be a member of the same family unit the applicant must either be married, in a de facto relationship or a dependent child:

Marriage

If applying based on marriage then the marriage must be accepted under Australian law, which applies to most marriages conducted in Australia (this includes same sex marriages). Overseas marriages are generally accepted if the marriage was legal in the country in which it was conducted, however there are exceptions (for example underage or polygamous marriages are not accepted).

De Facto

If applying based on a de facto relationship, then the applicant must have lived at the same property as their partner for at least 12 months. Alternatively, if the applicant and their partner have not lived together for 12 months, they can register their relationship with the state government of Victoria, New South Wales, Queensland, Tasmania, South Australia or the ACT. It is also possible to apply on de facto grounds if there are compelling and compassionate circumstances.

Evidence of Genuine Relationship

The applicant and their partner must provide documents and written statements to show they have a mutual commitment to a shared life to the exclusion of all others and that their relationship is genuine and continuing. The following aspects will be considered when the relationship is assessed:

Dependent Child

If applying based on being a child of a New Zealand citizen, the child must have not turned 18. Children between 18 and 23 can apply if they are dependent on the New Zealand citizen.

New Zealand Citizen Family Relationship Visa 461 Checklist

There is no particular structure to make a checklist for New Zealand Citizen Family Relationship Visa 461. The checklist relies upon a few factors which are stated below.

  1. Verify your passport and see if you need anyone’s help. You might also need to go through the health examination.
  2. Collect the documents such as the relationship with the New Zealand citizen and along with documents, identity card, etc.
  3. Also, let us know if your current visa is about to expire and you are applying for Visa Subclass 461 by submitting the application form.
  4. You can apply for the visa through online as well as offline mode.
  5. If you want to apply through the online mode then you can go and log in through the department website and fill the details of the form.
  6. If you are applying through the offline mode then download the form and fill all the details.
  7. Once you are done with the application procedure, you need to wait for the confirmation which states that they have received the form and the processing has started.
  8. The letter will also give you details if the authority needs any more details regarding the same.
  9. You need to be present at that place only from where you are applying for the visa and not anywhere else.
  10. If your application gets accepted and you will gets a letter stating the details of the visa such as the time period of the visa, grant number, etc.
  11. And if the application gets rejected then also you will receive a letter stating the details of it.

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