The subclass 820 partner visa and the subclass 461 New Zealand Citizen Family Relationship (Temporary) visa are, for most couples, not a choice at all. They are drafted as opposites: the same definition that opens one closes the other. Everything below was read from the Migration Regulations 1994 on 23 September 2026, and these provisions are amended from time to time, so confirm the current Migration Regulations 1994 before relying on them.
Who the subclass 461 is for
The 461 is for the family member of a New Zealand citizen who holds, or on entry will hold, a Special Category (subclass 444) visa, where that family member is not a New Zealand citizen. Reading Schedule 2 as it stood on 23 September 2026:
- Clause 461.211 requires that the applicant is not a New Zealand citizen. (An Australian citizen needs no visa, so the question does not arise.)
- Clause 461.212(2) requires the applicant to be a member of the family unit of a person, other than an eligible New Zealand citizen, who either is in Australia holding a Subclass 444 (Special Category) visa, or is outside Australia, will accompany the applicant to Australia, and will hold a special category visa on entry.
- Regulation 1.12(2)(a) makes a spouse or de facto partner a member of the family unit, which is how partners come within clause 461.212(2) at all.
- Clause 461.213 applies to an onshore applicant: they must have held a substantive temporary visa at the time of application, other than a Subclass 403 visa in the Domestic Worker (Diplomatic or Consular) stream; or, if they held none, satisfy Schedule 3 criteria 3002, 3003, 3004 and 3005.
- Clauses 461.221 to 461.226 are the time-of-decision criteria: still meeting clause 461.212(1), intending to comply with the conditions, satisfying a list of public interest criteria, and substantial compliance with the last substantive visa's conditions.
Clauses 461.212(3) and (4) also let an existing or former 461 holder apply again once they stop being a member of the family unit of the person the visa was granted in relation to.
What the 461 gives, and what it does not
Clause 461.511 provides that the subclass 461 is a 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. Clause 461.411 allows the applicant to be in or outside Australia, but not in immigration clearance, at grant.
On conditions, clause 461.611 provides that either or both of conditions 8303 and 8501 may be imposed: 8303 restricts involvement in activities disruptive to, or violence threatening harm to, the Australian community, and 8501 requires adequate health insurance arrangements while in Australia. Neither restricts work or study, and no work or study condition is available for this subclass — which is why the visa is described as allowing the holder to live, work and study for its duration. Check your own visa in the Department's check visa details and conditions (VEVO) service.
What it does not do is lead to permanent residence. Schedule 1 item 1214BA lists a single subclass, with nothing permanent attached. Compare the 820: clause 820.511 makes it a temporary visa running until the subclass 801 application is decided, and that permanent application is already lodged. A 461 holder who wants permanent residence must apply separately under some other part of the Regulations.
The definition that decides it
Both subclasses turn on the same term, in opposite directions. For the partner visa, clause 820.211(2)(a) requires the applicant to be the spouse or de facto partner of a person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. Regulation 1.03 defines that as "a New Zealand citizen who is a protected SCV holder within the meaning of section 7 of the Social Security Act 1991" — a status test tied to 26 February 2001, not to how long the person has lived here. It is set out under eligible New Zealand citizen sponsors.
For the 461, clause 461.212(2) requires the family head to be a subclass 444 holder who is a person other than an eligible New Zealand citizen.
| The New Zealand partner is… | Partner visa (820/801) | Subclass 461 |
|---|---|---|
| An eligible New Zealand citizen (protected SCV holder) | Available — clause 820.211(2)(a) is satisfied | Not available under clause 461.212(2), which excludes them |
| A subclass 444 holder who is not an eligible New Zealand citizen | Not available on that basis | Available — this is exactly who clause 461.212(2) describes |
| Also an Australian permanent resident, or an Australian citizen | Available on that basis instead | Not the relevant question, because the partner visa is open |
Key facts
most New Zealand citizens who first came to Australia after February 2001 are not protected SCV holders, so for their partners the 820 is closed and the 461 is what remains. For those who are protected SCV holders, it is the other way round.
How the two compare
Permanence. The 820 is the front half of an application for permanent residence, and the Department of Home Affairs says the subclass 801 lets the holder live, work and study indefinitely and apply for citizenship if eligible. The 461 is a stay. See subclass 801 permanent visa.
What has to be proved. The partner visa requires the Department to be satisfied about the relationship itself, on the four matters in regulations 1.09A and 1.15A, and requires an approved sponsorship. The 461 works through "member of the family unit" in regulation 1.12 and the status of the family head, so the burden differs in kind. See who can sponsor an 820 visa.
If the relationship ends. The 461 has its own machinery in clauses 461.212(3) and (4). The partner visa does not work that way: the Department says you cannot change your sponsor. See if the relationship ends.
Cost structure. The partner charge is one payment covering both stages, set by Schedule 1 item 1124B, with item 1214C setting the temporary component at nil. The 461 carries its own charge under item 1214BA. Charges are indexed and change, so use the Department's current visa pricing (Visa Pricing Estimator) and 820 visa cost.
Moving between them
A 461 holder can apply for the 820 later if the sponsor's status changes — usually because the New Zealand partner obtains an Australian permanent visa or becomes an Australian citizen. Item 1214C of Schedule 1 requires only that the applicant be in Australia and not in immigration clearance, and a 461 holder is a substantive visa holder. See being in Australia when you apply.
Going the other way needs care. Section 82 of the Migration Act 1958 causes a substantive visa to cease when another comes into effect, and the Department says that if you are granted any other visa you will no longer be eligible for the permanent subclass 801. There is a related trap for a New Zealand passport holder who already holds an 820: accepting a subclass 444 at the border can extinguish it.
An application prepared by a migration lawyer is more likely to succeed here, because the whole question turns on a definition nobody can answer from memory. Whether a New Zealand partner is a protected SCV holder depends on records from 2001 held by other agencies, and couples routinely lodge assuming long residence is enough. It is not, and the charge is not refunded on refusal.
What to do next
Settle the sponsor's status before anything is lodged or paid for: read eligible New Zealand citizen sponsors and gather the records. If the partner visa is open, go to 820 visa requirements. If not, weigh the alternatives under comparing the partner visa options, including 820 vs 309.
Common questions
What is a subclass 461 visa?
It is the New Zealand Citizen Family Relationship (Temporary) visa. Clause 461.212(2) of Schedule 2 to the Migration Regulations 1994 covers a person who is a member of the family unit of a person, other than an eligible New Zealand citizen, who is in Australia holding a Subclass 444 Special Category visa, or who is outside Australia and will hold a special category visa on entry. Clause 461.211 requires the applicant not to be a New Zealand citizen. Under regulation 1.12, a spouse or de facto partner is a member of the family unit.
Can the partner of a New Zealand citizen get an 820 partner visa?
Only if the New Zealand partner is an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen. Clause 820.211(2) of the Migration Regulations 1994 sets out those three categories and no others. Regulation 1.03 defines an eligible New Zealand citizen as a New Zealand citizen who is a protected SCV holder within the meaning of section 7 of the Social Security Act 1991, which is a status test anchored to 26 February 2001.
Does the 461 lead to permanent residence?
Not by itself. Clause 461.511 provides that the subclass 461 is a temporary visa permitting the holder to travel to, enter and remain in Australia for a period of 5 years from the date of grant, and Schedule 1 item 1214BA contains only the one subclass. There is no permanent stage attached to it in the way the subclass 801 is attached to the subclass 820. Permanent residence has to come from a separate application under some other part of the Regulations.
Can you work and study on a subclass 461 visa?
Clause 461.611 provides that either or both of conditions 8303 and 8501 may be imposed on the visa. Condition 8303 requires the holder not to become involved in activities disruptive to, or violence threatening harm to, the Australian community. Condition 8501 requires adequate health insurance arrangements while in Australia. Neither restricts work or study, and no work or study condition is available for this subclass. Always check the conditions recorded against your own visa in VEVO.
Can a 461 holder later apply for a partner visa?
Yes, if the sponsor becomes eligible. Item 1214C of Schedule 1 requires the applicant to be in Australia and not in immigration clearance, and a subclass 461 holder is a substantive visa holder. The usual trigger is the New Zealand partner obtaining an Australian permanent visa or Australian citizenship, which removes the eligible New Zealand citizen question. Take advice on timing, because a visa granted after a subclass 820 can cause the 820 to cease.
Sources
Keep reading
820 vs 309: Onshore vs Offshore Partner Visa
The onshore 820 against the offshore 309 — where you must be, the bridging visa, work rights, travel, Medicare, and what happens if you leave Australia.
Read the guide →
820 vs 300 Prospective Marriage Visa
The prospective marriage visa (subclass 300) compared with applying for the 820 — who it is for, what it requires, and the reduced charge at the 820 stage.
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Married or De Facto: Which Should You Apply As?
What actually changes if you apply as a married spouse instead of a de facto partner — the 12-month rule, its exemptions, and the four matters that stay the same.
Read the guide →