If you are in a relationship with a New Zealand citizen you may be eligible for a New Zealand Family Relationship (Temporary) Visa, known as the 461 visa.
You and your partner will either need to be married or prove you have lived together for at least six months at the time of application. Unlike some partner visas, registering your relationship does not waive the cohabitation requirement for the 461 visa.
You can be inside or outside Australia to apply for a 461 visa. If you are in Australia, you’ll need to make sure that your current visa does not have an ‘8503 – NO FURTHER STAY’ condition.
If your New Zealand partner is living in Australia, they will hold a SCV 444 visa. You need to confirm what date your partner arrived in Australia. If it was before 26 February 2001, they are likely to be an ‘eligible New Zealander’. This means that they hold Australian permanent residency and would need to sponsor you on an 820/801 partner visa, not on a 461 visa. If you lodge a 461 visa in these circumstances, it cannot be approved.
The 461 visa does not in itself lead to permanent residency. It is granted for five years and can be renewed for a further five years, and so on.
If your New Zealand partner has lived in Australia for the past five years and has earnings of at least $53,900 in each year, your partner may be eligible for a PR visa in their own right through the Skilled Independent visa (subclass 189) New Zealand stream. In this case, you may be eligible to be included in their application as a dependent, and would also get PR on grant of the 189 visa.
If your relationship with your New Zealand partner breaks down, you can still apply for a further five year 461, provided you are not in a new relationship. If you are in a new relationship with an Australian permanent resident or citizen, you may be eligible to lodge an 820/801 visa.
You can find out more by completing our online assessment form.
Working with an Australian migration agency means that you’ll be guided through the whole application process. True Blue Migration has helped hundreds of partners obtain visa grants.
The truth is, a smallest mistake can derail your application. That’s why we ensure that all documents supplied to the Department of Home Affairs are correct, complete and assessed by a Registered Migration Agent prior to lodgement.
Given that the 461 visa processing time is over 20 months, it’s a long time to waste if your application does not meet Immigration’s strict requirements.