Should a 461 visa holder Apply for a Partner Visa

A subclass 461 visa is NOT a Permanent Partner Visa.

If a subclass 461 visa holder wishes to stay Permanently in Australia, they should apply for another visa that will allow them to stay Permanently.

A subclass 461 visa is only a TEMPORARY visa, allowing them to stay in Australia for up to 5 years at a time, with their eligible New Zealand citizen partner.

If the relationship ends, either by splitting up, or by the death of the New Zealand citizen, the holder of this visa may be able to continue to renew it every five years, but only as a temporary visa. There is no option to change it to a permanent visa.

Subclass 461 New Zealand Citizen Family Relationship visa.

This visa is for a person who is not a New Zealand citizen, but is a member of a family unit* of a New Zealand citizen.

If the Foreign citizen partner has applied for a New Zealand Permanent visa, being the partner of a New Zealand Citizen, they are not, and will never be, eligible for many benefits that are available to Permanent residents in Australia.

An Australian subclass 820 partner visa, with the subsequent subclass 801 Permanent Partner visa, might be a better option for many foreign partners of some New Zealand Citizens in Australia.

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The subclass 820/801 lets the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia.  This can eventually allow the Foreign citizen partner to stay in Australia in the event of the relationship ending, for whatever reason, as a Permanent visa holder.

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