Given the close geographical, cultural, and political ties that exist between Australia and New Zealand it is of little surprise that the Australian immigration regulations and criteria that apply to the family of New Zealand citizens differ somewhat from those for citizens of other countries. This is a positive although it can sometimes lead to confusion, especially when some New Zealanders are not aware that the process for their family applying for an Australian visa is different.
The routes towards living, working, and studying in Australia as they relate to visas provide numerous ways family members of New Zealand citizens can make Australia their home. One such visa is the New Zealand Citizen Family Relationship Visa, which has the subclass number, 461. This is also sometimes referred to as the New Zealand Partner Visa as it is used primarily by the partner or spouse of a New Zealander who lives in Australia. For more specific and in-depth information relating to your specific circumstances, we would recommend speaking directly to expert migration agents.
Requirements For the New Zealand Citizen Family Relationship Visa
There are several requirements and criteria that must apply before someone is eligible to apply for this visa.
Relationship Status: The applicant for this visa must either be
- The spouse of a New Zealand citizen
- The de facto partner of a New Zealand citizen
- A child of a New Zealand citizen
Citizenship: No applicant can be a citizen of either Australia or New Zealand
Health Status: All applicants must meet the health requirements, and may be subject to undertaking a medical test as part of their application.
Character Requirements: All applicants over the age of 16 must meet Australian immigration character requirements, which include reference to criminal records, military records, and police records.
Australian Values Statement: All applicants aged 18 years of age and older, must sign the Austal in values statement unless the immigration department deems it is not required.
Child’s Best Interest: If the application is for anyone under the age of 18, to be granted, the visa must be seen as being in the child’s best interests.
Debts Owed To Australian Government: Any debts owed by an applicant to the Australian government must have been paid in full, or have arrangements in place to repay them.
Previous Applications: Applicants currently in Australia must not have a previous visa cancelled or rejected.
Benefits Of A New Zealand Citizen Family Relationship Visa
If you have been granted the 461 visa, it means you are now entitled to certain benefits. These include:
- The right to live in Australia
- The right to work in Australia
- The right to study in Australia
- The right to travel to and from Australia as often as you wish
Other Facts About The New Zealand Citizen Relationship Visa
It has to be borne in mind that the 461 visa does not grant permanent residency. It only lasts for 5 years although you can apply to have it extended for a further 5 years, assuming you are still with your partner or spouse.
Unlike many other family visas, there are no stipulations as to whether an applicant must currently be in Australia (onshore) or living overseas (offshore).
Whilst your application is being processed you may apply for a bridging visa. Provided you meet the necessary criteria this would allow you to remain in Australia during that time.
Should your relationship or marriage break down during the period the visa is valid, you must inform the immigration authorities. Provided you have lived in Australia for at least 2 years, and meet other requirements, it is still possible for your visa to be renewed.
The current fee for applying for a 461 visa is 340 AUD for partners. To include dependants it costs 170 AUD for those aged 18 or over, and $85 for those under 18 years of age.