Overview
The New Zealand Citizen Family Relationship visa — subclass 461 is a temporary Australian visa for people who are not New Zealand citizens or Australian citizens but are members of the family unit of a New Zealand citizen who holds a subclass 444 Special Category visa (SCV) in Australia. When a New Zealand citizen arrives in Australia, they are automatically granted the 444 SCV — but this automatic grant does not extend to their family members who are not NZ citizens. Those family members must separately apply for the subclass 461 to live and work in Australia alongside the NZ citizen. The 461 grants the holder the same practical rights in Australia as the NZ citizen's SCV — the right to live, work, and study in Australia for the duration of the visa.
For the current application process, fees, and Form 147, refer to the DHA subclass 461 page and the DHA NZ citizen family page.
Legal basis
- Migration Regulations 1994 — Subclass 461 (New Zealand Citizen Family Relationship — Temporary) — the visa criteria
- DHA: New Zealand Citizen Family Relationship visa (subclass 461) — immi.homeaffairs.gov.au/461
- DHA: New Zealand citizens and your family — immi.homeaffairs.gov.au/nz-citizens/family
- Form 147 — Application for a New Zealand Citizen Family Relationship visa
How it works
Who is eligible — the family member requirement
The subclass 461 is for people who are:
- Not a New Zealand citizen, and
- Not an Australian citizen or permanent resident, and
- A member of the family unit of a New Zealand citizen who holds (or is eligible to hold) a subclass 444 SCV in Australia
The typical applicants are:
- Spouses and de facto partners of New Zealand citizens — a non-NZ citizen married to or in a de facto relationship with a NZ citizen; the relationship must be genuine and ongoing
- Dependent children of the NZ citizen or their partner — children under 18 years, or under 23 years if still financially dependent on the NZ citizen
- Other dependent family members who can establish they are a member of the family unit and are dependent on the NZ citizen
For the definition of "member of family unit" under the Migration Regulations, see the member of family unit page.
The NZ citizen must hold a valid 444 SCV
A critical requirement for the 461 is that the sponsoring New Zealand citizen must hold (or is eligible to hold) a valid subclass 444 SCV. The 444 SCV is automatically held by any New Zealand citizen present in Australia who entered lawfully — but it lapses if the NZ citizen leaves Australia for an extended period without applying for a new SCV. The 461 applicant's eligibility is tied to the NZ citizen's SCV — if the NZ citizen no longer holds the 444, the 461 holder's status may be affected. For information on the 444 SCV, see the NZ citizens 444 and 189 stream page.
Rights on the subclass 461
The subclass 461 allows the holder to:
- Live in Australia for the duration of the visa
- Work in Australia — full, unrestricted work rights; the holder can work for any employer in any occupation
- Study in Australia — including enrolling in Australian educational institutions
- Travel to and from Australia — multiple entry is permitted during the visa's validity
Duration and renewal
The subclass 461 is granted for 5 years. When a 461 expires, the holder must apply for a new 461 (or another visa) if they wish to remain in Australia. To renew the 461, the holder must continue to meet the eligibility criteria — including that the NZ citizen family member continues to hold a valid 444 SCV and that the relationship continues.
What the 461 does not provide
The subclass 461 is a temporary visa. It does not:
- Grant permanent resident status
- Provide a direct pathway to permanent residence — 461 holders who want to remain in Australia permanently must apply for a permanent visa through a separate pathway (such as a partner visa, a skilled visa, or another applicable permanent pathway)
- Allow the holder to access all Centrelink and government benefits that are available to Australian permanent residents or citizens (the 461 has the same welfare access limitations as the 444 SCV)
Pathway considerations for permanent residence
A 461 holder who wants to remain in Australia permanently has several potential pathways, depending on their circumstances:
- If the sponsoring NZ citizen applies for the subclass 189 NZ stream (or another permanent visa) and is granted permanent residence, the 461 holder would need to separately apply for a permanent visa (e.g., a partner visa or as a secondary applicant to the NZ citizen's PR application)
- A 461 holder in a genuine relationship with a NZ citizen sponsor may apply for a partner visa (subclass 309/100 offshore or 820/801 onshore) if the relationship meets those requirements
- Skilled workers on a 461 may apply for skilled permanent visas (e.g., 189 points-tested, 190, 491) if they qualify independently
Time spent on a 461 does not count toward the citizenship residence requirement unless the holder subsequently obtains a permanent visa and then applies for citizenship.
Applying for the 461
The subclass 461 is applied for using Form 147, lodged with the Department of Home Affairs. The application can be lodged onshore or offshore. The applicant must provide evidence of:
- Identity (passport and any prior Australian visas)
- The relationship to the NZ citizen (marriage certificate, de facto evidence, or evidence of parental/dependent relationship)
- The NZ citizen's SCV or NZ citizenship status
- Health and character requirements (police clearances, health examinations)
For current processing times and the application fee, refer to the DHA subclass 461 page.
Related pages
The subclass 461 fills a gap created by the NZ citizen 444 SCV system — because the 444 is automatic only for NZ citizens, their non-NZ family members are left without a visa unless they separately apply. For mixed-nationality families (NZ citizen with a non-NZ partner or non-NZ children), the 461 is the primary mechanism to keep the family together in Australia. The temporary nature of the 461 means that long-term residence in Australia for the 461 holder requires planning — particularly if the NZ citizen does not apply for permanent residence or citizenship. For current application requirements, Form 147, processing times, and fees, refer to the DHA subclass 461 page and the DHA NZ citizen family page.