Subclass 461 – New Zealand Citizen Family Relationship (Temporary)

Purpose of Subclass 461 Visa

The purpose of subclass 461 visa is to grant a temporary visa of 5 years which can be extended every 5 years to a member of family unit of a New Zealand citizen who is not actually a New Zealand citizen.

What is the Visa Cost of 461 Visa?

Base Application Charge for 461 Visa: AUD 420

Additional Applicant Charge 18 years or more for 461 visa: AUD 215

Additional Applicant Charge less than 18 years old for 461 visa: AUD 105

Location at the time of the application of subclass 461 visa

At the time of lodging a visa subclass 461 application, applicant may be in Australia or outside Australia but not in immigration clearance.

Criteria to be fulfilled at the time of the application of 461 visa

• Applicant of 461 visa should not be a New Zealand Citizen.
• The applicant of 461 visa should fulfill one of the three requirements:
  1. The applicant of 461 visa is a member of the family unit of a person other than an Eligible New Zealand Citizen who is in Australia as a holder of Subclass 444 Special Category visa. Or The applicant is a member of the family unit of a person other than an Eligible New Zealand Citizen who is outside Australia but Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream. OR
• If the applicant of 461 visa did not hold a substantive visa, the last temporary substantial visa they held should not be Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream.  AND the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.

Criterion 3001

According to Schedule 3, Criteria 3001, 461 visa application should be lodged within 28 days after the applicant entered Australia unlawfully on or after 1^st September 1994 or ceased to hold a substantive visa or criminal justice visa on or after 1^st September 1994.

Criterion 3002

According to Schedule 3, Criteria 3002, 461 visa application should be lodged within 12 months after the applicant entered Australia unlawfully on or after 1^st September 1994 or ceased to hold a substantive visa or criminal justice visa on or after 1^st September 1994.

Criterion 3003

According to Schedule 3, Criteria 3003, if the 461 visa applicant was an illegal entrant as on 31^st August 1994 or held an entry permit that was not valid after 31^st August 1994 and since 1^st September 1994 have not held a substantive visa, they must fulfill all the following criteria:

• The 461 visa applicant last became an illegal entrant or did not hold any substantive visa for reasons beyond their control. AND
• The 461 visa applicant has compelling reasons for minister to grant them the visa. AND
• Applicant of 461 visa complied with all their visa conditions of entry permit or visa including any bridging visa. AND
• Applicant of 461 visa would have been entitled to be granted an entry permit if they applied immediately before becoming illegal entrant or lodging an application for the entry permit on 31^st August 1994. AND
• AND
• The last entry permit the 461 visa applicant held did not restrict the applicant from being granted an entry permit or further entry permit while being in Australia.

Criterion 3004

According to Schedule 3, Criteria 3004, if the applicant of 461 visa was an illegal entrant after 1^st September 1994 and was not granted any substantive visa or ceased to hold any substantive or criminal justice visa on or after 1^st September 1994, they need to satisfy the following criterion.

• The 461 visa applicant is not holding a substantive visa because of factors beyond their control. AND
• The 461 visa applicant must have compelling reasons for being granted the visa. AND
• Applicant of 461 visa complied with all their visa conditions of entry permit or visa including any bridging visa other than the condition which the applicant breached solely because of visa ceasing. AND
• In case the applicant of 461 visa ceased to hold a substantive visa or criminal visa on or after 1^st September 1994, they would be eligible for the visa they are lodging now had they lodged the same visa subclass on the day they last held their substantive or criminal justice visa. OR

In case the applicant of 461 visa entered Australia unlawfully on or after 1^st September 1994 and were subsequently not granted a substantive visa, the applicant would have satisfied all the criteria (except schedule 3 criteria) of the visa they have lodged now had they lodged the same visa subclass on the day they last entered Australia unlawfully. AND

• Applicant intends to comply with all future visa conditions. AND
• The last transitional temporary visa the applicant of 461 visa held did not restrict the applicant from being granted an entry permit or further entry permit while being in Australia.

Criterion 3005

The policy purpose of criterion 3005 is to prevent repeated reliance on Schedule 3 criteria for a visa grant if the applicant does not hold a substantive visa. Criterion 3005 allows an applicant one opportunity only to be granted a substantive visa if they do not hold a substantive visa.

Further Criterion to be satisfied at the time of grant of Subclass 461 Visa.

• Applicant of 461 visa continues to be a member of the family unit of a New Zealand citizen and all the criteria associated with it as discussed above in Subclause 461.212.
• The minister should be satisfied that the applicant intends to comply with subclass 461 visa conditions.
• If the 461 visa applicant is in Australia at the time of the application, the applicant should have complied with conditions of all previously held visas.
• 461 Visa applicants must take medical assessment and satisfy the health criteria.
• No bogus documents should have been provided in the current 461 visa application and in the last 3 years before the application, applicant’s visa should not have been cancelled due to bogus documents, misleading or false information.
• In the last 10 years, applicant of 461 visa should not have their visa refused for failing to satisfy the minister of their identity.
• 461 visa applicant must hold a valid passport.
• 461 Visa applicant should not have been deported due to character concerns.

Location at the time of grant of 461 Visa

The applicant of visa 461 may be in or outside Australia but not in immigration clearance at the time of the grant.

Visa period for 461 Visa

The applicant of 461 Visa is granted a temporary visa for 5 years from the date of grant.

Visa Conditions of 461 visa

The following conditions may be imposed: 

Condition 8303: The holder of the subclass 461 visa must not engage in disruptive activities including violence within Australian community.

Condition 8501: The holder of visa 461 must maintain adequate insurance during their stay in Australia.

IMPORTANT: The department will assess the spouse or de facto partner relationship on the following basis:

• The financial aspects of the relationship.
• The nature of the household.
• The social aspects of the relationship.
• The Nature of the persons’ commitment to each other.