New Zealand Citizen Family Relationship visa (subclass 461): who qualifies and how it differs from a partner visa

The New Zealand Citizen Family Relationship visa (subclass 461) is a five-year temporary Australian visa for a member of the family unit of a non-eligible New Zealand citizen who holds, or is eligible for, a subclass 444 visa, with provisions also covering former family-unit members (Home Affairs subclass 461 guidance).

Eligibility question	Subclass 461 requirement	What to check
What status must the New Zealand citizen have?	They must not be an eligible New Zealand citizen under the current family-unit category.	Their status, not just their nationality.
Is subclass 444 relevant?	The New Zealand family member must hold, or be eligible for, subclass 444.	New Zealand citizens are not automatically granted subclass 444.
Can the applicant be Australian or New Zealand?	Subclass 461 cannot be granted to an Australian or New Zealand citizen.	The applicant’s citizenship.
Which relationship qualifies?	Membership of the New Zealand citizen’s family unit, or applicable former-family-unit provisions.	The relationship category and any previous subclass 461 grant.
How long does it last?	Five years.	The visa grant date.

For broader relationship-based options, see family visa subclasses. Ask an Australian migration lawyer to check the family relationship and application before lodgement.

Source capture: 18 October 2026

Who can apply: the family unit of a New Zealand citizen

For the current family-unit category, check these requirements:

Applicant citizenship: the applicant cannot be granted subclass 461 if they are an Australian or New Zealand citizen.
New Zealand citizen’s status: the family member must not be an eligible New Zealand citizen and must hold, or be eligible for, subclass 444.
Qualifying relationship: the applicant must be a member of the family unit. This can include a spouse or de facto partner, qualifying children or stepchildren, and dependent children of those children.
Health and character: applicants and accompanying family-unit members must meet health requirements; accompanying applicants aged 16 or over must also meet character requirements.

The family-unit definition includes an unmarried child or stepchild under 18, one aged 18–22 who is dependent, or one aged 23 or over who is dependent because of incapacity. These are family-unit rules, not the separate Child visa eligibility test.

Applying inside or outside Australia

Check the applicant’s location and visa status.
Check whether a No Further Stay condition could prevent an application.
Establish the applicable family-unit or former-family-unit category before lodging.

Application location	Requirement to check
In Australia	The applicant must hold a substantive temporary visa other than subclass 403, or have last held a substantive temporary visa within the preceding 12 months.
Outside Australia	An application can be made from outside Australia.
Immigration clearance	An application cannot be made while in immigration clearance.

Eligible versus non-eligible New Zealand citizens, and why it matters

Nationality alone does not establish eligible New Zealand citizen status. Home Affairs’ eligible New Zealand citizen definition identifies historical residence and protected Special Category visa criteria.

Eligible New Zealand citizen	Non-eligible New Zealand citizen
Arrived on a New Zealand passport and meets an eligible-status limb described below.	Does not meet the eligible-status definition.
Does not satisfy the non-eligible-status requirement for the current family-unit category of subclass 461.	May satisfy that status requirement, but subclass 444 and family-unit requirements still apply.

The eligible-status limbs include being in Australia as a Special Category visa holder on 26 February 2001; being in Australia for periods totalling 12 months in the preceding two years and returning after that date; or being assessed as a protected Special Category visa holder before 26 February 2001.

What the 461 allows: live, work and study for 5 years

Subclass 461 allows its holder to live, work and study in Australia for five years from the visa grant date.

During that period, the holder can:

live in Australia;
work and study;
travel to and from Australia multiple times.

For 461 visa processing time, Home Affairs directs applicants to its visa processing time guide tool.

If the relationship ends or the NZ citizen becomes eligible

If the relationship ends: Home Affairs provides a category for someone who is no longer a member of the family unit of the person connected with their previous subclass 461 grant. Ending a relationship therefore requires assessment under the former-family-unit provisions rather than assuming the original relationship test still applies.

For former-member applications made outside Australia, the listed provisions include residence as a subclass 461 holder for at least two years in the preceding five years, or substantial business, cultural, employment or personal ties benefiting Australia. These points are not a complete eligibility test.

461 and permanent residence

Subclass 461 is temporary. Home Affairs states that a holder can apply for a further subclass 461 visa if the eligibility requirements are met; that is a further temporary application, not a permanent visa grant.

The official subclass 461 information sets out the temporary visa and further-application provisions.

Before you lodge

Related guidance covers a family sponsored visa and the 802 visa. Different family visas apply different relationship tests; Child visa rules should not replace the subclass 461 family-unit test.

An application prepared by an Australian migration lawyer is more likely to succeed because the lawyer can check the New Zealand citizen’s status, the correct family-unit category and any onshore visa restrictions before lodgement. Enquiries from this site go to Australian Migration Lawyers.

Questions about a family visa application go to an Australian migration lawyer.

Ask an Australian migration lawyer