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Parent & Family Visas
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Employer Sponsored Visas
Skilled Visas
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Our expertise in migration visas means we can submit your application quickly and efficiently.
Our experienced agents will give you regular updates and clear explanations of visa pathways.
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The temporary visa (subclass 461) visa enables an applicant who is not a New Zealand or Australian citizen but member of a New Zealand citizen’s family unit that currently holds or is eligible to hold a Special Category visa (subclass 444) to live, work and study in Australia for up to five years. The New Zealand citizen cannot be classified as an ‘eligible New Zealand citizen’ for immigration purposes. This encompasses New Zealand citizens who were present in Australia on or before the 26th of February 2001. Family members, such as a de facto partner or dependent child, can be included in the application provided they are added before lodgement.
The subclass 461 visa has specific eligibility requirements.
Applicants cannot apply if they are Australian or New Zealand citizens. Eligibility categories include being a family unit member of an eligible New Zealand citizen, being in Australia but no longer part of the New Zealand family unit, or being outside Australia but no longer part of the New Zealand family unit. Additionally, applicants must meet health and character requirements, sign the Australian values statement, and have no outstanding debts to the Australian government (or have made arrangements to pay them). The Department of Home Affairs considers immigration history and the best interests of any dependent children when evaluating applications.
Applicants should also be aware they won't be covered by Australia's national health scheme and are advised to have private health insurance or a similar form to cover unforeseen health costs in Australia.
The Australian government has indicated upcoming changes to eligibility for some New Zealand citizens with a special category visa (subclass 444), potentially affecting future eligibility
Successful subclass 461 visa holders enjoy several benefits. The visa allows a stay in Australia for up to five years with multiple entries, permitting freedom of travel. It also grants the right to live, work, and study in Australia from the visa grant date.
However, applicants should note that various visa conditions may apply, which all accompanying family members must follow.
- This includes obeying Australian laws
- Refraining from disruptive activities
- Maintaining adequate health insurance
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Subclass 461 visa applications cannot be lodged online or in person as they are paper-based. Furthermore, they require a significant amount of supporting documentation. The following documents must be provided to support a visa application.
The list provided is extensive, and as mentioned earlier, these are the documents required for the paper application for a subclass 461 visa. To confirm, this means that you cannot lodge your application online like other visa types. This can cause stress and be time consuming for those seeking an Australian visa. At Australian Migration Agents, we can help reduce these stresses and streamline the process for you. Contact us and talk to one of our team members about how we can help you through this process.
If the sponsorship is for a partner (including for a de facto relationship):
The processing of a subclass 461 visa occurs in several stages. Firstly, after confirming eligibility, applicants should complete the application form, provide necessary documents, and pay the fee. Since online or in-person submissions aren't accepted, the application must be posted to the Department. Upon receipt, the Department may request additional requirements or provide a written decision. Approved applicants receive visa details, start date, and any attached conditions. Rejected applicants receive reasons for refusal and information on review options. Upon approval, the visa is electronically linked to the applicant's passport.
While a subclass 461 visa is a substantive visa (as compared to a temporary visa), it is not a permanent visa. Therefore, while applicants are able to remain in Australia for up to five years, it does not provide a path to Australian permanent residency or Australian citizenship. Should applicants wish to remain in Australia on this visa, they are able to apply for a further subclass 461 visa if they are eligible.
If your sponsoring family member attains Australian permanent residency or Australian citizenship, they may be eligible to sponsor you under a different visa. Alternatively applicants can apply for another type of visa, such as skilled visas or employer-sponsored visas, to try and become an Australian permanent resident or citizen. If applicants need further assistance with exploring these options, an Australian Migration Agent is best placed to help.
Applicants can opt to apply for a subclass 461 visa independently, however there are distinct advantages to seeking the support of an Australian Migration Agent.
- Our agents possess the experience and insight necessary to investigate an applicant’s visa eligibility and can ensure all requite forms and supporting documents are accurately provided within any application.
- Seeking our assistance can minimise delays and significantly improve the prospects of securing an Australian visa.
- From initial eligibility assessment to final application submission, entrust an Australian Migration Agent to help with the visa process and help increase your prospects of a successful outcome.
Applying for a subclass 461 visa incurs costs.
Our professional fees are tailored to the specifics of your application. The complexity of applications can vary and our fees are quoted accordingly. We operate on a fixed-fee basis to ensure transparency regarding the total cost of your subclass 461 application. Additionally, we offer payment plans tailored to differing financial needs, giving our clients flexibility.
As of the time of writing, the Department of Home Affairs charges the main applicant $420, while additional eligible family members over 18 are charged $215 and those under 18 are charged $105. These fees are payable upfront and cannot be split. Various payment methods are accepted by the Department. Applicants should also budget for expenses like health checks, police certificates, and biometrics. For further details on visa application costs, applicants can consult the Department's website.
The application process can be a complex and time-consuming journey, with strict eligibility criteria and a certain amount of evidence required to support your application. A registered migration agent can help you gather the correct documents and improve your chances of visa success.
Book a free consultation with one of our registered migration agents, where we’ll discuss your situation and see how we can help you move forward.
Your Australia visa agent will prepare a submission to support your application, tailored to your unique situation and backed by all the documents required. Once completed, we’ll submit your application to the Department of Home Affairs on your behalf.
We’ll be in touch once the Department has come to a decision. If the application isn’t granted, we can appeal on your behalf.
Predicting processing times for a subclass 461 visa application can be tricky due to the fluctuating demand and supply of visa places. Delays may occur if applications are incomplete, lack necessary information, need further verification, or if the correct application fee isn't paid or received. However, an Australian Migration Agent can help minimise these delays by assisting applicants in meeting requirements and responding to Department requests for additional information. Applicants should be aware that the Department provides a provisional timeframe for the subclass 461 visa on their website.
Given the complexity of eligibility requirements and the potential for delays from incomplete applications, it's crucial to carefully consider if the subclass 461 visa is the most suitable option. It's important to understand that the visa isn't guaranteed, as the Department has discretion in granting or refusing visas. However, applicants seeking extra support and guidance during the application process can rely on Australian Migration Agents. Australian Migration Agents are dedicated to providing comprehensive assistance and ongoing guidance throughout the entire process.
Our skilled team offers in-person and virtual appointments, which means we can provide immigration assistance and advice regardless of where you live in Australia.
Read our most commonly asked questions about the subclass 461 visas
A person’s eligibility can vary for a variety of factors but generally if someone is not a citizen of either Australia or New Zealand but is a family unit with someone who is a New Zealand citizen they will meet the eligibility criteria preliminarily.
To get this visa, the visa applicant will need to fill out the relevant application form and gather other relevant documents before submitting them to the relevant processing centre within Australia.
Generally, it can be difficult to determine a precise timeline for when this visa will be processed and approved. It can vary for a variety of reasons. The Department’s website will be the best place to receive an approximation.
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