Migration Regulations 1994

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

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

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

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

is outside Australia; and

will be accompanying the applicant to Australia; and

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

An applicant meets the requirements of this subclause if the applicant:

either:

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

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

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

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).

An applicant meets the requirements of this subclause if the applicant:

is outside Australia; and

either:

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

the Minister is satisfied that the applicant:

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

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

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

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

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).