Subclass 461 — New Zealand Citizen Family Relationship (Temporary)

Subclass 461—New Zealand Citizen Family Relationship (Temporary)

461.1—Interpretation

Note: There are no interpretation provisions specific to this Part.

461.2—Primary criteria

Note: All applicants must meet the primary criteria.

461.21—Criteria to be satisfied at time of application

461.211

The applicant is not a New Zealand citizen.

461.212

(1) The applicant meets the requirements of subclause (2), (3) or (4).

(2) An applicant meets the requirements of this subclause if the applicant is a member of the family unit of:

(a) a person, other than an eligible New Zealand citizen, who is in Australia as the holder of a Subclass 444 (Special Category) visa; or

(b) a person, other than an eligible New Zealand citizen, who:

(i) is outside Australia; and

(ii) will be accompanying the applicant to Australia; and

(iii) will, on entry, be the holder of a special category visa.

(3) An applicant meets the requirements of this subclause if the applicant:

(a) either:

(i) is in Australia as the holder of a Subclass 461 (New Zealand Citizen Family Relationship (Temporary)) visa; or

(ii) is not the holder of a substantive visa and the last substantive visa held by the applicant was a Subclass 461 visa; and

(b) is no longer a member of the family unit of the person in relation to whom the applicant was granted a Subclass 461 visa; and

(c) has not become a member of the family unit of another person (whether or not the applicant is still a member of the family unit of that other person).

(4) An applicant meets the requirements of this subclause if the applicant:

(a) is outside Australia; and

(b) either:

(i) the applicant was lawfully present in Australia as the holder of a Subclass 461 visa for a period of, or periods that total, not less than 2

years in the period of 5 years immediately before the application for the visa; or

(ii) the Minister is satisfied that the applicant:

(A) has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia; and

(B) has not been absent from Australia for a continuous period of 5 years or more immediately before the application for the visa, unless there are compelling reasons for the absence; and

(c) on last departure from Australia was a holder of a Subclass 461 visa; and

(d) is no longer a member of the family unit of the person in relation to whom the applicant was granted a Subclass 461 visa; and

(e) has not become a member of the family unit of another person (whether or not the applicant is still a member of the family unit of that other person).

461.213

If the applicant is in Australia at the time of application:

(a) at that time, the applicant held a substantive temporary visa other than a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; or

(b) if the applicant did not hold a substantive visa at that time:

(i) the last substantive temporary visa held by the applicant was not a visa mentioned in paragraph (a); and

(ii) the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.

461.22—Criteria to be satisfied at time of decision

461.221

The applicant continues to satisfy the criterion in subclause 461.212(1).

461.222

The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.

461.223

The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010, 4013, 4014, 4020 and 4021; and

(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

461.224

If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

461.225

If the applicant is in Australia at the time of application, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

461.226

If the applicant is outside Australia at the time of application and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

461.3—Secondary criteria

Note: All applicants must satisfy the primary criteria.

461.4—Circumstances applicable to grant

461.411

The applicant may be in or outside Australia, but not in immigration clearance, at the time of grant.

461.5—When visa is in effect

461.511

Temporary visa permitting the holder to travel to, and enter and remain in, Australia for a period of 5 years from the date of grant.

461.6—Conditions

461.611

Either or both of conditions 8303 and 8501 may be imposed.