Partner Visas
If you have a partner who is an Australian citizen, permanent resident, or eligible New Zealand citizen, you may be eligible to apply for a partner visa.
The Partner visa is a two-stage process. The visa applicant must be granted the temporary partner visa (subclass 309/820), and they will be eligible for the permanent partner visa (subclass 100/801) after 2 years since the provisional visa application was submitted.
There are three types of partner visas, depending on whether the visa applicant is onshore or offshore:
- Prospective Marriage visa (subclass 300) (apply outside Australia)
- Partner visa (subclass 820/801) (apply in Australia)
- Partner visa (subclass 309/100) (apply outside Australia)
Partner visa (subclass 820 and 801) (Onshore partner visa)
The subclass 820/801 visa is aimed at applicants who are married to or in a de facto relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. You must be in Australia at the time of application and the time of the decision of the temporary visa application.
Partner visa (subclass 301 and 100) (Offshore partner visa)
The subclass 309/100 visa is aimed at applicants who are married to or in a de facto relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. You must be outside of Australia at the time of application and time of the decision of the temporary visa application.
In order to be eligible for the onshore or offshore partner visa, the visa applicant must:
- Be the spouse or de facto partner of an:
- Australian citizen
- Australia permanent resident or
- Eligible New Zealand citizen
- Be in a genuine and continuing relationship
- If in a de facto relationship, the relationship must have existed for at least 12 months (unless compelling and compassionate circumstances exist, or the relationship is registered in Australia)
- If married, the marriage must be legally accepted under Australian law
- Satisfy the legal age limit
- Have a suitable sponsor at the time of application
- Meet the health and character requirements
Prospective Marriage visa (subclass 300)
The subclass 300 visa is aimed at applicants who intend to come to Australia to marry their prospective spouse within the 9 months and apply for an onshore Partner (subclass 820/801) visa.
The visa applicant must:
- Be sponsored by their prospective spouse
- Have known and met their prospective spouse
- Intend to marry their prospective spouse within 9 months of being granted the visa
- Be at least 18 years or older
- Meet the health and character requirements
Parent Visas
The Parent visas are temporary and permanent visas that allow parents of Australian citizens, permanent residents, and eligible New Zealand citizens to obtain visas in Australia. The most suitable visa depends on various factors, including the parent’s age, whether they seek temporary or permanent residence and their financial capacity.
There are three types of parent visas:
- Contributory
- Non-contributory
- Sponsored temporary
Both contributory and non-contributory parent visas require you to meet the balance of family test. You will meet the balance of family test if:
- At least half of your children and stepchildren are ‘eligible children’, or
- There are more ‘eligible children’ than children living in any other single country
A child is an ‘eligible child’ if they are an Australian citizen, permanent resident usually resident in Australia, or eligible New Zealand, usually resident in Australia.
Contributory Parent visas
The Contributory Parent visas have a faster processing time in comparison to the Non-Contributory Parent visas. However, you will be required to pay a substantial visa application charge.
There are two types of contributory parent visas:
- Contributory Parent (Temporary) visa (subclass 173) / Contributory Parent visas (subclass 143)
- The subclass 173 visa is a temporary visa that allows you to live in Australia for up to 2 years, whilst the subclass 143 visa is a permanent visa
- Contributory Aged Parent (Temporary) visa (subclass 884) / Contributory Aged Parent (subclass 864) visa
- The subclass 884 visa is a temporary visa that allows you to live in Australia for 2 years whilst the subclass 864 visa is a permanent visa
- In order to be eligible for this visa, you must be old enough to receive the age pension in Australia
The visa applicant must:
- You must be sponsored by an eligible sponsor
- You must meet the balance of family test
- You must meet the health and character requirements
- You must be able to obtain an assurance of support at the permanent visa stage
Non-Contributory Parent visas
Non-Contributory Parent visas are permanent visas with a slower processing time. The Department estimates that applications lodged now can take approximately 30+ years to finalise.
There are two types of Non-Contributory Parent visas:
- Parent (Permanent) (subclass 103) visa
- The subclass 103 visa is a permanent visa that allows a parent of a settled Australian citizen, permanent resident or eligible New Zealand to move to Australia.
- You must be outside of Australia at the time of application
- Aged Parent (Permanent) (subclass 804) visa
- The subclass 804 visa is a permanent visa that allows a parent of a settled Australian citizen, permanent resident or eligible New Zealand to move to Australia.
- You must be in Australia at the time of application and decision
- In order to be eligible for this visa, you must be old enough to receive the age pension in Australia
The visa applicant must:
- You must be sponsored by an eligible sponsor
- You must meet the balance of family test
- You must meet the health and character requirements
- You must be able to obtain an assurance of support
Sponsored Parent (Temporary) visa (subclass 870)
The subclass 870 visa is a temporary visa that allows a parent of an Australian citizen, permanent resident or eligible New Zealand citizen to move to Australia and live temporarily for up to 3 or 5 years at a time, with a maximum period of 10 years.
There is no balance of family test or Assurance of Support requirement for this visa. The visa applicant can be in or outside of Australia at the time of application; however if, in Australia, the applicant must have permission to apply from the Minister.
The visa is a two-stage process where the Parent Sponsor applicant needs to be approved, and then within 6 months of the sponsorship approval or 60 days, if you are permitted to apply in Australia, the visa application should be lodged.
The visa applicant must:
- Be the biological, adoptive, step-parent or parent-in-law of the Parent Sponsor
- Have an approved Parent Sponsor
- Have, or have access to, enough money to support yourself while you are in Australia
- Have a genuine intention to stay in Australia temporarily
- Have met and complied with any previous visa obligations
- Have and maintain adequate arrangements for health insurance whilst in Australia
- Meet the health and character requirements
Child Visas
Child vias are available to dependent, adopted and/or orphaned children of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
There are several types of child visas:
- Child (Permanent) (subclass 802) visa
- This visa is for when a child’s parent or their parent’s partner sponsors them to live in Australia as a permanent resident and the child is in Australia
- The child must be the dependent child of an Australian citizen, eligible New Zealand citizen or holder of an Australian permanent visa
- Child (Permanent) (subclass 101) visa
- This visa is for a dependent child of an Australian citizen, eligible New Zealand citizen or holder of an Australian permanent visa and the child is outside Australia.
- Dependent Child (subclass 445) visa
- This visa is for when a child’s parent holds a temporary partner visa, and the child was not included in the temporary partner visa application
- The sponsoring parent must be holding a specific visa such as a 309 visa or 820 visa
- This is a temporary visa that is valid until the Department of Home Affairs decides on the sponsoring parent’s visa application
- Adoption (Permanent) (subclass 102) visa
- This visa is for when a person who is an Australian citizen, holder of a permanent visa or eligible New Zealand citizen sponsors a child they have adopted overseas to live in Australia as a permanent resident.
- The child must be under 18 years of age and adopted or in the process of being adopted by a sponsoring parent
- The child must be outside Australia at the time of application
- Orphan Relative (Permanent) (subclass 117) visa
- This visa is for when relative sponsors an orphaned child to live in Australia as a permanent resident and the child is outside of Australia
- The child must be under 18 years old, single, and have no parent able to care for it
- The child must be sponsored by an eligible sponsor
- Orphan Relative (Permanent) (subclass 837) visa
- This visa is for when relative sponsors an orphaned child to live in Australia as a permanent resident and the child is in Australia
- The child must be under 18 years old, single, and have no parent able to care for them
- The child must be sponsored by an eligible sponsor
Other family visas
Other family visas include the following:
- Carer (subclass 836) visa / Carer (subclass 116) visa
- Remaining Relative (subclass 835) visa / Remaining Relative (subclass 115) visa
- Aged Dependent Relative (subclass 838) visa / Aged Dependent Relative (subclass 114) visa
You can be assured that the team at Migration Affairs will listen carefully to your family’s needs and provide the most appropriate professional advice.
Migration Affairs understands the struggle of being separated from family members. You can be assured that we will offer you understanding as well as professional support and guidance in addressing your visa needs.
We know how important it is for you to understand the details and requirements for these visas. Our knowledgeable and experienced team at Migration Affairs is here to help you.
FAQs
- Hold a subclass 820 visa or
- Hold a subclass 309 visa or
- Have applied for a subclass 820 visa
- Your relationship has ended because your partner passed away
- You have a biological child of the relationship
- You suffered family violence, committed by your partner, while in the relationship
The 309 visa usually requires an applicant to be offshore at the time of grant.
However, the Department of Home Affairs currently has a temporary concession aimed at helping applicants who are in Australia and are unable to travel outside Australia due to the COVID-19 pandemic.
This concession allows applicants who have applied for a partner visa outside Australia but are inside Australia during the COVID-19 concession period to be granted their visa if they meet all other criteria.
Talk to us at Migration Affairs and find out how we can assist you.
