Family & Partner Visas
Migrating your spouse, children or other family members into Australia can be daunting and overwhelming. Secure your family's future and let us help you provide a successful move into Australia.
Partner Visas
If you are married, in a de facto relationship, or has a fiancé who is a permanent Australian citizen, resident, or an eligible New Zealand citizen living in Australia, then you may be eligible to apply for a partner visa.
Your relationship can be with someone of the same or different sex.
Partner visas can be applied in Australia or offshore depending upon your circumstances.
There are two stages involved:
1. Provisional partner visas
2. Permanent partner visas
In general, you need to obtain a provisional visa first and live in Australia for a certain period of time (usually two years). Then, you and your partner will be assessed again for meeting the criteria of a permanent partner visa.
The waiting period may be waived if you are married or in a relationship for more than 3 years, you are in a relationship for more than 2 years and you have a child with your partner, or your partner obtained his/her permanent visa through an Australian humanitarian program or protection visa.
Visa Types and Key Features
Currently, there are 3 types of partner visas in Australia:
1. Partner Visa Offshore (subclass 309 / subclass 100)
Apply your provisional partner visa (subclass 309) outside Australia
With subclass 309, you can live, work and study in Australia
You can attend free English language classes provided by the Adult Migrant English Program (AMEP) and enrol in Medicare
You can travel to and from Australia as many times as you want until the Department of Home Affairs reaches a decision about your permanent partner visa (subclass 100)
2. Partner Visa Onshore (subclass 820 / subclass 801)
Apply your provisional partner visa (subclass 820) in Australia
With subclass 820, you can live, work and study in Australia
You can attend free English language classes run by AMEP and enrol in Medicare
You can travel to and from Australia as many times as you want until the Department of Home Affairs reaches a decision about your permanent partner visa (subclass 801)
3. Prospective Marriage Visa (subclass 300)
Apply the visa outside Australia
Allows you to stay in Australia for 9-15 months
You can work and study (at your own cost) in Australia
You intend to marry your prospective spouse before the visa period ends
General Requirements of a Partner Visa
For Applicants:
Be 18 years of age or older
Sponsor must be Australian citizen, Australian permanent resident or eligible New Zealand citizen
Must be in a genuine and ongoing relationship with your sponsor
De facto relationship must have existed for at least 12 months immediately before application
Meet health and character requirements
Not have a visa cancelled or an application refused
No debts to the Australian Government
For Sponsors:
Be 18 years of age or older
Must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen
Provide Australian or foreign police certificates
Limitations on sponsorship
You cannot be a sponsor under the following circumstances:
you have sponsored more than 1 other person for a Partner visa/Prospective Marriage visa
you were granted a Partner visa/Prospective Marriage visa that you applied for less than 5 years ago
you have sponsored another person on a Partner visa/Prospective Marriage visa in the last 5 years
you hold a Contributory Parent visa for less than 5 years (if Contributory Parent visa was granted after 30 June 2009)
You might still be able to sponsor your partner if there are compelling circumstances, speak to one of our migration experts for a tailored consultation.
Changes to Partner Visas
The partner visa reforms are set to come into effect by the end of 2021, which will significantly change the application process by following ways:
1. Introducing a new sponsorship framework – sponsors are required to be approved before their partner can apply for a partner visa.
2. Meet English language requirement – sponsors and applicants need to have functional English or to demonstrate that they have made reasonable efforts to learn English for the visa.
An example of reasonable efforts is to complete 500 hours of free English language classes through AMEP. These requirements will apply to passport holders from countries other than Canada, Ireland, New Zealand, the United Kingdom and the United States.
Sponsors will need to meet the language requirement as part of the sponsorship assessment.
Applicants will only need to meet the language requirement at the time of the permanent Partner visa stage.
Child Visa
A child visa allows children to reside in Australia temporarily or permanently depending upon their circumstances. It is available to children of Australian citizens, permanent residents, eligible New Zealand citizens and temporary partner visa holder.
There are 3 types of Child Visa:
1. Child Visa (subclass 101)
Permanent visa
Child must be outside Australia when the application is made and when Department of Home Affairs makes a decision on the application
2. Child Visa (subclass 802)
Permanent visa
Child must be in Australia when the application is made and when Department of Home Affairs makes a decision on the application
3. Dependent Child Visa (subclass 445)
Temporary visa to children of temporary partner visa holders (subclass 309 or 820)
Child can be in or outside of Australia at the time of application
Once granted this visa, child must transit onto the same permanent partner visa at the same time as his/her parent
General Requirements of a Child Visa
For Applicants:
Be a dependent child of a parent who is an Australian citizen, permanent resident or eligible New Zealand citizen
Must be sponsored by an eligible parent or their parent's spouse or de facto partner
Be under 18 years, a full-time student aged over 18 and under 25 and financially dependent on the parent, or over 18 and unable to work due to a disability
Be single and dependent on the parent
If child is under 18, obtain consent from his/her legal guardian(s) to migrate and laws of the child’s home country must allow them to leave their home country
Meet health and character requirements
Sign the Australian values statement
No debt to the Australian Government
For Sponsors:
Be aged 18 or over
Be an Australian citizen, permanent resident or eligible New Zealand citizen
Be the child's parent, or their parent's current spouse or de facto partner
You must get approved for sponsorship. Sponsorship may not be approved if the parent or their partner has been charged or convicted of offences involving children
You must provide adequate accommodation and enough financial support to meet the child's reasonable living needs for their first 2 years in Australia
Parent Visas
Parent visas allow you to live permanently or temporarily in Australia if you have a child who is an Australian Citizen, permanent resident or eligible New Zealand citizen who is settled in Australia.
Permanent parent visas are generally divided into two types - Non-Contributory and Contributory.
Non-contributory parent visas have an advantage of lower application cost starting at AUD$6,490. However, due to limited number of places allocation each year, current processing time may take up to 30 years.
On the other hand, Contributory parent visas give you the option of shorter processing time but at a significant cost. New applications currently may take at least 64 months at a cost starting from AUD$47,825.
Latest Queue processing dates (as at June 2021)
Contributory Parent visa applications with a queue date up to May 2016
Parent visa applications with a queue date up to October 2010
Aged Parent visa applications with a queue date up to December 2012
It may take a while to decide which migration option you would like to go ahead with or you may simply want to learn a bit more about local lifestyles before migrating to Australia. A temporary parent visa offers you a fast and inexpensive way to unite with your family.
We have listed all six visa subclasses in below for you to explore your options further.
Permanent parent visa options:
Non-Contributory
Parent visa (subclass 103)
Key Requirement
Have a sponsor – usually your child (you can be sponsored by an eligible relative or community organisation if your child is under 18)
Have health insurance
Meet the balance-of-family test:
at least half of your children and step-children are eligible children, or
there are more eligible children living in Australia than in any other single country
Obtain assurance of support (AoS)
AoS is a promise to pay back any income support provided to the visa holder during their initial stay in Australia. The AoS support period differs for each visa type.
10 years for Contributory Parent Visas (subclass 143 / 864)
4 years for Parent Visas (subclass 103 / 804)
This time starts on the later of either:
the date you arrive in Australia
the date you get their visa
An Assurer must:
Be over 18 years of age
Be usually resident in Australia
Have sufficient income to ensure that they can meet any debts if they arise – income, assets, liabilities and spouse’s income may all be relevant to the assessment of the Assurer’s financial status; and
Be able to provide a notice of assessment issued by the Australian Taxation Commissioner for each of the last two financial years.
Aged Parent visa (subclass 804)
Aged Parent visa (subclass 804) has the same key requirements as for Parent visa (subclass 103), except you need to reach certain age to apply. Health insurance is not mandatory under this visa.
You must be old enough to receive the age pension in Australia. The pension age will be gradually increased from 66 to 67 years as below:
66 years and 6 months (as at 1 July 2021)
67 years (as at 1 July 2023)
Contributory
Contributory Parent visa (subclass 143)
Visa subclass 143 features shorter processing times and more feasible options, but at a higher cost.
Cost to apply starting from AUD$47,825 (as at July 2021). There is an additional charge for each family member who applies with you.
Payments are to be made in two instalments. The first instalment to be paid upon application, and the second instalment to be paid upon request later on.
It has the same requirement as for Parent visa (subclass 103), including satisfy the balance-of-family test and obtain AoS.
Contributory Aged Parent visa (subclass 864)
Contributory Aged Parent visa (subclass 864) has the same requirements as for the non-contributory Aged Parent visa (subclass 804), except with a higher application fee.
Cost to apply starting from AUD$47,825 (as at July 2021).
Temporary visa options:
Visitor visa (subclass 600)
This visa allows you to stay in Australia up to 3, 6 or 12 months
Sponsored Parent (Temporary) visa (subclass 870)
Allow you to visit Australia for up to 3 or 5 years per visa
You can apply for further visas to visit up to a maximum period in Australia of 10 years
You cannot work in Australia
General requirement
Have an approved Parent Sponsor
Be the biological, legal (including adoptive) parent, step-parent or parent in-law of the Parent Sponsor
Have met and complied with any previous visa obligations
Have enough money to support yourself while you are in Australia
Have health insurance
Have a genuine intention to stay in Australia temporarily
Meet the health requirement
Meet the character requirement
Have no debt to the Australian government