I have a New Zealand Citizen Partner – What are My Australian Visa Options?

If you have a de facto partner or a spouse who is a New Zealand citizen and both of you decide to continue to build a life together in Australia, you are in a unique position within the Australian immigration law. While New Zealand citizens generally enjoy special travel and residency rights in Australia, their non-citizen partners often need a visa to live and work here permanently.

New Zealand Citizens in Australia – The Special Relationship

Most New Zealand citizens are granted a Special Category Visa (SCV) (Subclass 444) upon arrival in Australia. This is a temporary visa, but it allows them to live and work in Australia indefinitely.

What are Your Australian Visa Options?

Onshore Partner Visa (Subclass 820/801) or Offshore Partner Visa (Subclass 309/100)
- If you are already in Australia, this can be a great option. Your New Zealand citizen partner may be eligible to sponsor you for this visa, provided they meet the eligibility criteria, that is, being an “eligible New Zealand citizen”.
- To be qualified as an eligible New Zealand citizen, they were usually resident in Australia on 26 February 2001; or have lived in Australia for 12 months in the 2 years leading up to that date; or have a written confirmation that they have a protected SCV holder status.
- Applying for a Partner Visa: A Step-by-Step Checklist 2025-26
New Zealand Citizen Family Relationship (Subclass 461) Visa
- For those who may not meet the “eligible New Zealand citizen” criteria for a Partner Visa, the New Zealand Citizen Family Relationship (Subclass 461) Visa may be an option for you.
- This is a temporary visa which allows non-New Zealand citizens to live and work in Australia with their New Zealand citizen partner who holds a SCV (Subclass 444).
- Your New Zealand citizen partner must hold a SC444 visa, and you must be their partner or dependent child.
- This visa is typically granted for 5 years and can be renewed. It does not provide a pathway to permanent residency (PR). However, it can provide time to meet the requirements for other visas.
- There may be other visa options if the above circumstances do not align with your specific circumstances. Speak with one of our immigration lawyers for tailored advice and guidance to plan out a visa pathway strategy to meet your visa objective.

Note that the parent of an SCV holder on or after 1 July 2022, their children who were born in Australia may be eligible for Australian citizenship.

Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.

How Can Agape Henry Crux Assist

If you are in a similar situation with a New Zealand citizen partner, you may have more visa options. Consider speaking with one of our immigration lawyers at Agape Henry Crux. The team works closely with two of our Accredited Specialists in Immigration Law, Jason Ling and Angela De Silva, as they specialise in handling highly complex matters. You can schedule an appointment to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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