SC461 New Zealand Family Relationship

SC461 New Zealand Family Relationship

The New Zealand Family Relationship visa is a temporary visa valid for five years, granted to family members of New Zealand citizens. This visa allows these family members to reside, work, and study in Australia.

In general applicants who can apply for this visa need to:

• be a family member of a New Zealand citizen; and
• ensure that the New Zealand citizen is not classified as an “eligible New Zealand citizen”; and
• confirm that the New Zealand citizen is either:
• already in Australia holding a Special Category Visa (SCV), or
• will accompany the 461 visa applicant to Australia and will receive an SCV upon arrival.

Applicants might also qualify if:

• they are currently in Australia on a 461 visa or their most recent substantial visa was a 461 visa, and they are no longer a family member of the New Zealand citizen, nor have they become a family member of another person; or
• they are outside Australia and last left the country as a 461 visa holder, and they are no longer a family member of the New Zealand citizen, nor have they become a family member of another person; or
• they have been in Australia as a 461 visa holder for at least 2 years within the past 5 years, have significant connections to Australia, and have not been absent for an uninterrupted period of 5 years or more, unless there are compelling reasons for their absence.
• All applicants must satisfy health and character standards.

  The condition of the New Zealander is urgent. As previously stated, a New Zealand citizen must not qualify as an “eligible New Zealand citizen” for the MoFU to qualify for the 461 visa. Below are the distinctions between an ‘eligible New Zealand citizen’ and a ‘Special Category Visa holder’:

Eligible New Zealand Citizens

It is crucial to determine if the New Zealand citizen is an “eligible New Zealand citizen (also called a protected SCV holder). If they are, the 461 visa is not suitable. Instead, eligible New Zealand citizens can sponsor family members for:

• the Partner (Subclass 820/801 or 309/100) visa;
• the Child (Subclass 802 or 101) visa.

An eligible New Zealand citizen is someone who:

• was living in Australia on 26 February 2001; and
• if temporarily away from Australia on that date, was an SCV holder just before the temporary absence began; and
• was receiving a social security payment on 26 February 2001; and
• returned to Australia within 26 weeks of 26 February 2001 or an approved extended period. The number of eligible New Zealand citizens in Australia is decreasing, and those who do hold this status are likely aware of it as they settled in Australia before 26 February 2001. For those uncertain, seeking personalized advice is important.

Special Category Visa Holders

The SCV is a free temporary visa given to New Zealand citizens, allowing them to visit, reside, study, and work in Australia indefinitely. Typically, New Zealand citizens receive this visa upon arriving in Australia, though it can be applied for within Australia after entering on a different visa. To obtain an SCV, the New Zealand citizen must:

• possess a valid New Zealand passport;
• not be a behavior concern non-citizen;
• not be a health concern non-citizen; and
• if applying from within Australia, not have a Condition 8503 (“no further stay”) on their current visa.

  The SCV does not expire but will end if:

• the holder leaves Australia;
• the holder acquires a permanent visa or Australian citizenship;
• the holder loses New Zealand citizenship; or
• the SCV is canceled for not meeting ongoing character requirements.

  Who qualifies as a “Member of the Family Unit” (MoFU)? Only individuals classified as MoFUs can apply for the 461 visa, which covers:

• – a spouse or de facto partner; and
• – specific dependent children.

Can other family members be included in the same visa application?
Yes, one MoFU of the New Zealand citizen is the primary visa applicant, and additional MoFUs can be included as secondary applicants. However, they cannot be added after the application is submitted.

If a dependent child claims to be a MoFU, they should provide documentation like:

• birth certificates;
• adoption certificates;
• family status certificates or family books (if officially issued);
• if over 18, proof of education enrollment and dependency.

Spousal relationships

When applying for the 461 visa based on a marriage with a New Zealand citizen, you must demonstrate that the relationship is genuine and ongoing. Decision-makers will evaluate:

• your marriage certificate;
• household arrangements;
• shared finances;
• social presentation as a couple; and
• long-term commitment.

De facto relationships

Applicants in a de facto relationship with a New Zealand citizen must also prove the relationship is genuine and ongoing, considering:

• household arrangements;
• shared finances;
• social presentation as a couple; and
• long-term commitment.

De facto couples may register their relationship in an Australian State or Territory to strengthen their application. There is no specific duration required for the relationship. Our partner visa document checklist may guide you on which documents to include to support either a spousal or de facto relationship claim.

What if the New Zealand citizen loses their SCV status or wants Australian citizenship?
For a successful 461 visa application, the New Zealand citizen must hold a Special Category Visa (SCV) both at the time of application and decision. If they lose SCV status or gain Australian citizenship before the decision, the 461 visa cannot be granted.

How can I apply for the 461 visa?

The visa can be applied for either within or outside Australia (but not during immigration clearance). The application requires:

• proof of paid visa fee;
• two passport-sized photos for each applicant;
• completed Form 147 for a valid application;
• Form 80;
• identity documents for both the visa applicant and New Zealand citizen;
• evidence of the relationship;
• police clearances.

As a paper-based application, it must be mailed to the correct address listed on the Department of Home Affairs website.

When will I receive a decision on my application?

The 461 visa processing time is typically 2 to 4 months. Current processing times are available on the Department of Home Affairs website.

What happens if the visa is granted?

The 461 visa, if granted, is a temporary visa allowing the holder to live, work, and study in Australia for five years. It is a multiple-entry visa, enabling travel to and from Australia during this period.

Conclusion

We have extensive experience with 461 visa applications. For legal assistance or immigration-related inquiries, contact our experienced team by email at [email protected] or phone at +61 3 90395000