461 Visa and Relationship Breakdown

Subclass 461 New Zealand Citizen Family Relationship visa is a five-year temporary visa. It allows the visa holder to live, work and study in Australia for five years. This is an excellent visa for a spouse or de-facto partner of a New Zealand citizen living in Australia.

What are the eligibility requirements?

The criteria to apply for this visa are:

• You are not a 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 subclass 444 Special Category Visa.
• Meet health and character requirements.
• Have health insurance.

Who is considered members of the family unit?

Members of a family unit is defined as:

• The applicant’s spouse or de facto partner
• The applicant’s child and is
  • Under 18 years old, or
  • Aged 18 to 23 years and dependent on the applicant
  • Aged 23 years and dependent on the applicant due to partial or total physical or mental disability
• The dependent child of the child above

Did you know?

In cases where the relationship breaks down, and the family relationship ends, the subclass 461 holder may continue to hold a subclass 461 visa. The Department will not cancel your visa. To continue your eligibility for a subclass 461, the following must be met:

• You must hold a subclass 461 visa, or your last substantive visa was a subclass 461 visa.
• You must not become a member of a family unit of another person.

That is, you continued eligibility would cease if you enter into a marriage or de facto relationship with another person.

You can apply for another subclass 461 visa either in Australia or overseas provided that you meet all the relevant criteria.