New Zealand Citizen Family Relationship Visa

Name: Marinel Tabuyo
Item: New Zealand Citizen Family Relationship Visa
Rating: 5
Author: Marinel Tabuyo

Subclass 461 NZ Citizen Family Relationship Visas are for those New Zealand Citizens who reside in Australia on SC 444 “Special Category Visas” to bring family members including spouses and de facto spouses from Vietnam to reside with them and to live a similar life to what they are leading in Australia.

Standard partner visas (Subclass 300, 309, or 820) from Vietnam require a sponsor who is an Australian Citizen, Permanent Resident or an Eligible New Zealand Citizen. Eligible New Zealand Citizens are NZ Citizens who settled in Australia before laws changed on 26 January 2001. After this time, New Zealanders in Australia no longer enjoyed visa-free status and open access to social security and Medicare. Those who settled in Australia from NZ after this date were issued with a Subclass 444 Special Category Visa on arrival, and were able to work and reside in Australia but without the various Australian Government social support services.

Those New Zealand Citizen Subclass 444 holders may bring their Vietnamese wives, de facto partners and children to live with them in Australia with the successful application for a Subclass 461 New Zealand Citizen Family Relationship Visa. This is a 5 year temporary visa, which may be renewed when required inside Australia without having to leave.

New Zealand Citizen Family Relationship Visa Process

Note that there is no “fiancee visa” option for New Zealand Citizens in Australia. The applicant must be a “family member”, which includes spouses, ie wives and de facto partners and most definitely does not include fiancees. So in most cases the applicant will need to marry their Vietnamese lady before applying.

And note too that this is a temporary visa, with no option to becoming a permanent resident of Australia or to apply for Australian Citizenship either. The visa may be renewed every five years before it expires, and this may be done inside Australia without needing to leave the country.

The visa holder will have full work, study and travel rights. The Vietnamese visa holder may not apply for Medicare though, and is required to organise private medical insurance as part of the application and needs to maintain that coverage throughout their stay in Australia.

It is possible to apply for dependent children as secondary applicants on a Subclass 461 visa.

The visa application is simpler than a full partner visa application, however it requires a similar level of evidence to prove the existence of a genuine and committed relationship. De facto partners need to also show similar levels of evidence of leading a shared-life and a lifetime commitment to each other to the exclusion of all others.

Note also that the Subclass 461 NZ Family Visa (abbreviated) is considerably cheaper (dated 2018) in Visa Application Charges than are the standard partner visas.

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DISCLAIMER

Information contained in this page is of a general nature. Informative, yes, but not a formula for preparing visa applications and should not be relied on as such. The devil is in the detail, rest assured. Australian migration law is complicated and Departmental decisions are inflexible and often final. Readers and future visa applicants and sponsors are advised to rely on professionals to ensure a happy outcome.

NZ Family Relationship Visa Pros And Cons

NZ Family Relationship Visa pros and cons

Cheap Government fees compared to a partner visa
Less complicated visa than a partner visa application
May apply as spouse by marriage or by de facto relationship
Can include dependent children
Can apply as a same-sex couple if legally married on application
Can be renewed inside Australia without needing to leave the country
Full work rights
Multiple entry
May be applied-for offshore or onshore
Eligible for bridging visa if applied-for onshore

5 years temporary stay only
No Medicare coverage
Must maintain private health insurance throughout the visa period
No easy Citizenship pathway from this visa
No “fiancée visa” pathway, ie. must be married or in an existing de facto relationship before applying
Of no value to uncommitted couples

NZ Family Relationship Visa FAQ

Can I bring her over as my fiancée?

No sorry. There is no provision for fiancée’s under this visa. You need to be married, or in an established de facto relationship.

Does she need to return to Vietnam after 5 years?

No. She needs to apply for a further 5 year visa, but may do so inside Australia.

We’re in a de facto relationship. Do we need to be married?

Not if the de facto relationship is genuine and continuing and already established.

Can she work and get Medicare?

She may work, yes. She can’t get Medicare. She must maintain private health insurance.

Can’t I apply for a normal partner visa for her?

Not unless you’re an Eligible New Zealand Citizen, ie. you settled in Australia before January 2001 when the laws changed.

Is this a visa for NZ as well?

No, Australian visa only.

Can we include kids?

Yes, dependent children may be included as secondary applicants, as long as there is no objection from another biological parent with custody over the child or children.

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