CALLING ALL NEW ZEALAND CITIZENS….

A VISA PATHWAY FOR LOVED ONES OF NZ CITIZENS, WHO ARE NOT NZ CITIZENS

NZ Citizen Family Relationship 461 Visa

Did you know that there is a pathway for temporary family members of New Zealand citizens to live, work, and study in Australia for 5 years from the date of visa grant?

You can also travel to and from Australia as many times as you want during the 5-year period.

Recently, our firm assisted a client whose visa was due to expire, prior to contacting us. At the time, our client assumed that their only option, based on their circumstances, was to lodge an application for another type of visa which most likely would have been refused.

During our initial consultation, we realised that our client’s partner was a New Zealand citizen who resides in Australia on a Class TY (Subclass 444 visa).

After checking the visa eligibility, we were pleased to be able to lodge an urgent application for a ‘NZ Citizen Family Relationship 461 Visa’.

For this pathway, applicants are assessed individually, and members of the family unit who apply for the visa must meet health and character requirements and acquire health insurance.

The applicant must not be a New Zealand citizen at the time of application, and the New Zealand family member must have (or be eligible for) a Subclass 444 visa.

Members of a family unit are defined as:

• The applicant’s spouse or de facto partner;

• The applicant’s child, and is

  • Under 18 years old, or

  • Aged 18 to 23 years and dependent on the applicant

  • Aged 23 years and dependent on the applicant due to partial or total physical or mental disability;

• The dependent child of the child above.

Of course, to hear that this pathway existed was of great relief to our client. For us, it also highlighted the importance of:

1. Engaging a migration specialist for initial advice prior to applying for any visa; and

2. The need for more information to be distributed within the community, regarding the different types of visa pathways which can be lifechanging for families, should they meet the Department of Home Affairs criteria.

In any case, getting the right advice from the outset, can alleviate the stress of what can be a lengthy and sometimes heartbreaking process, and in cases like this one, may also deliver a positive outcome.