Key points
- The subclass 461 is a five-year temporary visa for family members of New Zealand citizens living in Australia who are not NZ citizens themselves.
- If your relationship with the NZ citizen ends, your 461 is not cancelled just because of the breakdown.
- You may apply for a further 461 after a breakdown, as long as you have not become a member of the family unit of another person.
- The 461 is not a permanent visa, so plan your pathway to permanent residence early.
- The base application charge is $1,330 for the main applicant from 1 July 2026.
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 22 years and dependent on the applicant
- Aged 23 years or older 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, your 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.
What a relationship breakdown means for you
| Situation | What usually happens |
|---|---|
| You separate and stay single | Your current 461 continues until it expires, and you may be able to apply for another 461. |
| You separate and start a new relationship with someone else | You stop meeting the continued eligibility rule, so you cannot get a further 461 on the breakdown basis. You may need a different visa based on your new relationship. |
| Your NZ citizen partner becomes an Australian citizen while you are still together | Your partner may be able to sponsor you for a partner visa (subclass 820/801), which leads to permanent residence. |
| You have your own skills or job offer | You may qualify for a skilled or employer sponsored visa in your own right, regardless of the relationship. |
How to apply for a 461 visa
- Check that your NZ citizen family member holds a Special Category visa (subclass 444) and lives in Australia, or is travelling with you.
- Collect evidence of the relationship, such as a marriage certificate or evidence of a de facto relationship, and birth certificates for children.
- Arrange health examinations and police certificates when requested.
- Lodge the application online and pay the visa application charge.
- Once granted, you can live, work and study in Australia and travel in and out of Australia until the visa expires.
Frequently asked questions
Will my 461 visa be cancelled if we separate?
A relationship breakdown alone is not a reason to cancel your 461. You keep the visa until it expires, unless other cancellation grounds apply.
Can I renew my 461 after a relationship breakdown?
Yes, you may apply for another 461 if your last substantive visa was a 461 and you have not become a member of the family unit of another person.
Does the 461 lead to permanent residence?
Not directly. Common pathways are a partner visa once your NZ citizen partner becomes an Australian citizen or permanent resident (or is an eligible NZ citizen), or a skilled or employer sponsored visa in your own right. See our PR pathways guide.
Can my New Zealand partner become an Australian citizen?
Since 1 July 2023, New Zealand citizens who have lived in Australia for at least four years can apply directly for Australian citizenship by conferral. Read how a New Zealander becomes an Australian citizen.
Can I work and study on a 461?
Yes. The 461 lets you live, work and study in Australia for up to five years.
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