top of page
Australian Flags

Family and partner visas

Prospective Marriage visa (Subclass 300)

The Prospective Marriage visa (subclass 300) is commonly known as fiancé visa. This is a temporary visa that allows the overseas applicant to travel to Australia to marry their prospective Australian partner. Once granted, you can travel to Australia, live, study and work in Australia for up to15 months. You must get married within 9 months and then apply for an onshore partner visa (Subclass 820/801) before the visa period ends.

Partner Visa 

Subclass 100

This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, live in Australia permanently. It is usually granted to people who hold a temporary Partner visa (subclass 309) and continue to be in a genuine and ongoing relationship with their partner.

 

With this visa you can

  • live, work and study in Australia indefinitely;

  • sponsor eligible family members to come to Australia; and

  • apply for Australian citizenship if eligible.

Parent Visa Program

This visa allows parents to migrate to Australia permanently to join their children who are living in Australia. This visa requires that you be sponsored by your child, or another eligible sponsor, in Australia. This visa is for you if you are a parent of a child or stepchild who, at the time the visa application is lodged, is ‘settled’ and either an Australian citizen, permanent resident or eligible New Zealand citizen. This means your child must have been lawfully resident in Australia for a reasonable period, normally two years, although a shorter period can be considered for Australian citizen children if there are compelling and compassionate circumstances.

You must also be able to demonstrate one of the following:

•        at least half of your children are Australian citizens, Australian permanent residents or eligible New Zealand citizens who are usually resident in Australia.

•        you have more children living in Australia as Australian citizens, Australian permanent residents or eligible New Zealand citizens than in any other country.

In addition to the above, you will be required to meet the health and character requirements. 

Your partner and other dependent family members may be included in your application provided they satisfy certain requirements.

This visa allows you and your accompanying partner and dependent family members to live as permanent residents in Australia.

You can also:

•        work and study in Australia.

•        receive subsidised healthcare through Medicare and the Pharmaceutical Benefits Scheme (PBS).

•        access certain social security payments (subject to waiting periods).

•        be eligible to apply for Australian citizenship (subject to the residency eligibility criteria).

•        sponsor people for permanent residence (subject to waiting periods).

There are several categories under Parents Visa Program.

Aged Parent Visa

Subclass 804

  • This permanent visa lets an aged parent of a settle Australian citizen, Australian permanent resident or eligible New Zealand citizen stay in Australia.

  • An aged parent means a parent who is old enough to receive the age pension in Australia which currently is at 67 years old.

  • You cannot apply for this visa if you have already applied for or hold a Sponsored Parent (Temporary) (subclass 870) visa.

  • You must be in Australia when applying for this visa and upon application would be eligible for a bridging visa to remain in Australia while the visa is being processed. 

Contributory Parent visa - Subclass 143

Contributory Parent (Permanent) visa (subclass 143): applicant can be in or outside Australia when application is lodged.

Contributory Aged Parent (Temporary) visa - Subclass 884

Contributory Aged Parent (Temporary) visa (subclass 884):

 

The applicant must be at least 67 years of age at time of application and in Australia when application is lodged. 

 

The applicant will be granted a bridging visa and can live in Australia with their family until their visa is decided.

Sponsored Parent (Temporary) visa - Subclass 870

This temporary visa lets a parent of an Australian citizen, Australian permanent resident or eligible New Zealand citizen visit Australia for up to 3 or 5 years.

 

 

Sponsors 

 

1.         sponsors will need to have a taxable income of at least $83,454.80 (the income can be a combination of the sponsorship applicant’s individual income with the income of up to two other persons specified in the legislation)

2.         a parent must be the biological, adoptive, or step-parent of the sponsor and a step-parent can only apply if they are still in a married/de facto relationship with a biological parent of the sponsor)

3.         be aged at least 18 years of age

4.         be an Australian citizen/permanent resident or eligible New Zealand citizen who has been usually resident in Australia for four years

5.         have met prior sponsorship obligations

6.         provide police clearances for any country they have spent more than 12 months cumulatively in during the past 10 years.

              

Visa applicants must:

 

1.         be sponsored by a person who is an approved parent sponsor

2.         be at least 18 years of age

3.         provide evidence of funds

4.         provide evidence of health insurance

5.         satisfy health and character requirements

 

 

Visa costs

 

AUD5,090 for a visa of up to 3 years; or

AUD10,180 for a visa of up to 5 years.

 

The visa application charge is payable in two instalments, with one payment at the time of application ( usually $1000)and the remainder paid prior to visa grant.

Dependent Child Visa

Subclass 445

This visa allows a child to stay in Australia temporarily while the Department processes their parent's permanent Partner visa application.

The child must be dependent on a parent who holds a:

  • Partner (Provisional) visa (subclass 309)

  • Partner visa (subclass 820)

  • Dependent Child visa (subclass 445)

 

The child must

  • be a dependent child of the visa-holding parent;

  • be sponsored by the nominator or sponsor of the visa-holding parent;

  • the child must be either under 18 years or if over 18 years, must be financially dependent on the parent who has the temporary Partner or the Dependent Child Visa; 

  • meet health requirement; and

  • consent granted by those who have legal guardian over the child according to their home country;

Partner visa (Subclass 309) – Applying from outside of Australia  

This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen enter and live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 100).

Once this visa is granted and you are in Australia, you can;

  • live, work and study in Australia temporarily until the DOHA decides on your permanent partner visa (subclass 100);

  • travel to and from Australia as many times as you want; and

  • attend free English language classes provided by the Adult Migrant English Program

Partner Visa

Subclass 820, 801

Applying in Australia

This visa allows the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia. 

Partner visa (subclass 820) is a temporary visa that lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 801).

When the subclass 820 is lodged, the applicant will be granted a bridging visa to stay legally in Australia. While waiting for the visa to be processed; the applicant will normally have;  

  • full work rights in Australia; 

  • can study in Australia, but you will not have access to government funding for tertiary study and will be charged international full fees; and

  • enrol in Australia’s medical benefits expenses and hospital care scheme, Medicare.

Partner visa (subclass 801) visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia permanently. It is usually only for people who currently hold a temporary Partner visa (subclass 820). You may apply for the subclass 801 visa after approximately two years from the date you applied for the 820 visa.

Parent Visa

Subclass 103

This permanent visa lets a parent of a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen move to Australia.

You cannot apply for this visa if you have already applied for or hold a Sponsored Parent (Temporary) (subclass 870) visa. Applications for this visa are subject to capping and queuing and may take approximately 25-30 years for final processing.

You can be in or outside Australia when you submit your application. This visa can only be granted when you are outside Australia.

Contributory Parent Visa Program

Contributory Parent visas has relatively shorter processing time that the normal parent visa. At the moment, the processing time is around 5 -6 years.

You can choose to sponsor your parent straight away as permanent resident or apply for a temporary contributory visa which is valid for 2 years then before it expires, apply for the permanent visa.  The types of contributory visas are as follows:

Contributory Parent (Temporary) visa (subclass 173

Applicant can be in or outside Australia when application is lodged.  This is a temporary visa and it is valid for about 2 years.

Contributory Aged Parent visa

Subclass 864

Contributory Aged Parent (Permanent) visa (subclass 864):

 

applicant must be at least 67 years of age at time of application and in Australia when application is lodged.

 

The applicant will be granted a bridging visa and can live in Australia with their family until their visa is decided.

Child Visa

Subclass 101 and 802

There are two subclasses for Child visa which are;

1.       subclass 101 (applying outside Australia); and

2.       subclass 802 (applying in Australia)

 

Both visas allow an Australian citizen, permanent resident or eligible New Zealand citizen living in Australia to sponsor their biological or adopted child to live, work and study in Australia.

The child must;

  • be a dependent child of a parent who is an Australian citizen, eligible New Zealand citizen or holder of an Australian permanent visa;

  • be under 18 years, a full-time student aged over 18 and under 25, or over 18 and unable to work due to a disability; and

  • be single and dependent on the parent.

Carer Visa

Subclass 116/836

There are two subclasses for Carer visa which are;

1.       subclass 116 (applying outside Australia); and

2.       subclass 836 (applying in Australia)

  • This permanent visa lets you move to Australia to care for your Australian relative or a member of their family who lives with them. They must have no reasonable access to care options in Australia.  The Australian relative or their partner must sponsor you for the first 2 years in Australia.

  • You must be willing and able to provide ongoing substantial care and support for your sponsoring relative or the family member who lives with them. To show this, you should fully understand your sponsor's medical condition and what their care needs are.

  • The Australian relative must provide a medical certificate from Bupa Medical Visa Services that includes a statement that he/she or member of their family has a medical condition that requires care.

  • Subclass 116 is an offshore application and you must be outside Australia when you apply and when the visa is granted. Subclass 836 is an onshore application and you must be onshore when you apply.  You will be granted a bridging visa to remain in Australia while waiting for the visa to be granted.

Residential Library
MIA2.png
MA-Logo.png
law society of NSW logo.png
Member of Law Society_RGB.png
bottom of page