Eligibility Criteria 

• You are not an Australian Citizen – you cannot be granted this visa if you are an Australian citizen. 

• You are not a New Zealand Citizen – You cannot be granted this visa if you are a New Zealand citizen. If you become a New Zealand citizen during the processing of your application you can continue with the application, or instead withdraw it and apply for a Subclass 444 visa and be granted that visa if you meet the requirements. Certain persons may not be eligible for New Zealand citizenship by descent. For information about New Zealand citizenship, see the New Zealand government website.

• Relationship to a New Zealand Citizen

You might be able to be granted this visa if you are in any of the below three categories.

1. You are the family member of a New Zealand citizen who is either:

• Currently holding a Subclass 444 visa in Australia (verify in VEVO), or

• Will obtain a Subclass 444 visa upon entry to Australia (check eligibility). Note: Your New Zealand family member must already hold or be eligible for a Subclass 444 visa.

2. You are in Australia and:

• Hold a Subclass 461 visa, or your last substantive visa held was a Subclass 461 visa.

• You are no longer a family member of the person you were previously associated with under a Subclass 461 visa.

• You have not become a family member of any other person since.

3. You are outside Australia and:

• Have either spent at least 2 years in Australia on a Subclass 461 visa in the past 5 years, or have significant business, cultural, employment, or personal ties to Australia.

• Have not been away from Australia for 5 years or more continuously, unless you have compelling reasons.

• Held a Subclass 461 visa when you last left Australia.

• You are no longer a family member of the person you were previously associated with under a Subclass 461 visa.

• You have not become a family member of any other person since.

• Your immigrations status when you apply

If you are outside Australia when you apply

You can apply for the subclass 461 visa without needing to hold another type of visa.

You are in Australia when you apply

You need to hold a substantive temporary visa when you apply, other than a Subclass 403 Temporary Work (International Relations) visa in the Domestic Worker (Diplomatic or Consular) stream.

If you did not hold a substantive visa when you applied, the last substantive temporary visa held by you was not a Subclass 403 (Temporary Work (International Relations) visa in the Domestic Worker (Diplomatic or Consular) stream and you satisfy certain criteria such as having made your application within 12 months after being the holder of a substantive visa.

• Meet the health requirement –You and any members of your family unit who apply for the visa with you must meet certain health requirements.

• Meet the character requirement – You and any members of your family unit 16 years of age or over who apply for the visa with you must meet certain character requirements. Other family members might also need to meet certain character requirements.

• Have Health Insurance – It is recommended you take out health insurance to cover any unforeseen medical treatment you might need in Australia. You are personally liable for all your healthcare costs while you are in Australia. Insurance can help limit your financial liability.

Some countries have a reciprocal healthcare agreement with Australia. Find out more from Services Australia about reciprocal healthcare agreements.

• Sign the Australian Values Statement – ​If you are 18 years of age or older when you make your application, you must sign the Australian Values Statement unless we decide you are not required to sign it due to any compelling circumstances that you have demonstrated.

• Have paid back your debt to the Australian Government – You should not have any outstanding debts to the Australian Government. If you owe the Australian Government any money, you must have made appropriate arrangements to pay it back.

• Not have had a visa cancelled or a previous application refused – Department will consider your immigration history when we make a decision on your application, which means you might not be eligible for this visa if you have had a visa cancelled or refused. In some circumstances you may still apply for a permanent visa if you have had a visa cancelled or an application refused. Contact Emigrate Lawyers for more information. 

• Best interests of the child – If you are under 18 years of age, we might not grant this visa if it is not in your best interest.

• Not have a No Further Stay Condition – You might not be able to apply for this visa if you have a No Further Stay condition. Contact Emigrate Lawyers if this affects you.