Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p164
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 164/178)
Character Range: 1836120–1838864

outside Australia, the applicant must be outside Australia at the time of grant.

449.412
  If the application is made in Australia, the applicant must be in Australia at the time of grant.
449.5—When visa is in effect

449.511
  Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
449.6—Conditions

449.611
  Condition 8506.

449.612
  Condition 8101 or 8104 may be imposed.

449.612A
  Condition 8303 may be imposed.

449.613
  If the Minister is satisfied that it would be unreasonable to require an applicant to undergo assessment in relation to criterion 4007, condition 8529.
Note: See subclauses 449.224(2) and 449.322(2).

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