We specialise in subclass 461 visas and cannot stress enough how important it is to seek professional support and advice when dealing with this visa.
The big issues are often hidden and very subtle, but the consequences and impact of not managing this visa appropriately can be absolutely devastating and costly to families and their loved ones.
This visa is a temporary visa that allows a person to stay, work and study in Australia for 5 years from the date the visa is granted.
It also allows the holder to travel to and from Australia as many times as they want in that 5 year period.
To be eligible for this visa you must:
- Not be a New Zealand citizen at the time of your application
- Must meet certain criteria
- You must also be aware that your New Zealand family member must NOT be an eligible New Zealand citizen or a dual Australian/New Zealand citizen
The visa application fee is currently $420.00 with additional fees for family members who make a combined application.
Processing times vary and change frequently but can be checked through the Global Processing Times link.
The subclass 461 visa can be applied for in Australia or outside Australia provided it meets certain eligibility criteria.
You can combine your application with other members of the family unit but you cannot add family members after the visa has been lodged.
Each member of the family unit will be assessed individually.
WARNING about the subclass 461 visa!
Very little warning or education is provided about 461 visa holders about the risks around this visa.
In our experience, many 461 visa holders have not engaged the help of a professional such as a registered migration agent to assist them with this visa. Often opting to do the application themselves.
However, the dangers and risks often don’t appear until a person’s 461 visa has expired and they applicant has either forgotten to re-apply within the 5 year period or made an invalid application.
It’s important to note, if your New Zealand citizen partner or parent becomes an Australian citizen before your 461 visa has been decided then it cannot be granted.
Recommendations:
This information is not intended to be or taken as migration advice as each case varies in complexities and circumstances. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.
If you or somebody you know is having difficulty with their 461 visa, it is crucial to seek professional help as soon as possible.
We also highly recommend that 461 visa holders seek professional advice and guidance for future reference.
Important Information About Subclass 461 Visas
New Zealand Citizen Family Relationship (Subclass 461) Visa
Warning: Lack of Information and Potential Issues
Many applicants of the Subclass 461 visa, which is for immediate family members of certain New Zealand citizens, often do not seek the assistance of professional migration agents. This is because the application process seems straightforward, giving a false sense of confidence. However, issues frequently arise during the renewal stages, typically 5, 10, or even 15 years later.
These visas come with specific conditions and must be renewed every five years. Failure to meet these conditions can lead to serious and expensive problems.
Common Problems Encountered:
- Missed Renewal Deadlines: Applicants failing to renew their visas within the required 5-year period.
- Incorrect Submission: Sending applications to the wrong Department of Home Affairs office.
- Eligibility Changes: Changes in criteria may render applicants ineligible for renewal without their knowledge.
- Delegating Applications: Family members handling applications without understanding the legal requirements.
- Non-Responsive Applicants: Failing to respond to Department of Home Affairs requests within the specified time frames.
Key Recommendations for Subclass 461 Visa Holders:
Apply Early: Reapply at least 6-12 months before your visa expires.
Correct Submission Address:
Send your application and documents to:
New Zealand Family Relationship Visa Application
GPO Box 9984
SYDNEY NSW 2001
AUSTRALIA
Timely Responses: Provide requested information within the specified time frame (usually 28 days).
Notify Delays: Inform the Department of any delays in providing documentation or medical examinations by quoting your Application ID and requesting an extension via email: nz.family.relationship.visa.centre@homeaffairs.gov.au.
Confirm Lodgment: Ensure you receive written confirmation of your visa lodgment before it expires to obtain a Bridging Visa A.
Adhere to Conditions: Follow all visa conditions, such as maintaining up-to-date health insurance (Condition 8501).
Update Contact Information: Use Form 1022 to update your contact details, including address, email, phone number, and passport information with the Department of Home Affairs.
Check Eligibility: Confirm that you are still eligible for the visa. Note that family members of Protected SCV holders are no longer eligible for new or renewed visas due to criteria changes. More information on eligible New Zealand citizens can be found here.
Seek Professional Advice:
If you encounter any problems, seek professional advice immediately.
Professional Support: Engage a qualified registered migration agent or immigration lawyer experienced with Subclass 461 visas.
Keep Records: Retain copies of your application and all related documentation sent to and received from the Department of Home Affairs.
To avoid costly and potentially irreversible consequences, it’s crucial for Subclass 461 visa holders and their families to seek professional advice and support throughout the application and renewal process. Don’t underestimate the complexities involved—be proactive and informed to ensure a smooth visa experience.
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We have come to specialise in these complex cases which are largely misunderstood. If you are having issues, please contact us for support as soon as possible.
Free call back service: https://morungamigration.com.au/booking-a-callback/
Consultation/Assessment service (fees apply): https://morungamigration.com.au/book-a-consultation/
