Reuniting with your family in Australia is possible through various family visa options. Depending on your circumstances, you may be eligible for:
- Partner Visa – Join your de facto/spouse in Australia
- Parent Visa – Join your child or children who are living in Australia
- Carer Visa – Provide care for a relative who requires ongoing medical support
- Child Visa – Live with your parents in Australia if you are a dependent child.
There are also other family sponsored visas, such as the aged dependent relative or the remaining relative visa.
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.
There are three types of partner visas, depending on your circumstances:
- Prospective Marriage visa (subclass 300) (apply outside Australia)
- Partner visa (subclass 820/801) (apply in Australia)
- Partner visa (subclass 309/100) (apply outside Australia)
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.
Prospective Marriage Visa (Subclass 300)
A Subclass 300 is commonly referred to as a finance or engagement visa. Once the Subclass 300 visa is granted, it allows the applicant to come to Australia, marry their prospective spouse, and apply for a partner visa onshore.
To be eligible for the Subclass 300, the visa applicant must:
- be sponsored by their prospective spouse. The prospective spouse must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen
- 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.
Onshore Partner Visa (Subclass 820/801)
The Subclass 820/801 visa is aimed at applicants 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.
Offshore Partner Visa (Subclass 301/100)
The Subclass 309/100 visa is aimed at applicants 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 at the time of the decision of the temporary visa application.
To be eligible for the 820/801 or 301/100, the visa applicant must:
- be the spouse or de facto partner of an:
- Australian citizen
- Australian 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
Parent Visas
Parent visas allow parents of Australian citizens, permanent residents, and eligible New Zealand citizens to live in Australia, either temporarily or permanently. The right visa for you depends on factors such as your age, whether you seek temporary or permanent residence and your financial situation.
Types of Parent Visas:
- Contributory – offers faster processing but requires a higher visa application fee
- Non-contributory – a more affordable option with longer processing times
- Sponsored temporary – a temporary visa option that allows parents to stay in Australia without meeting the balance of family test.
Both contributory and non-contributory parent visas require applicants to meet the balance of family test. You meet this requirement if:
- at least half of your children and stepchildren are ‘eligible children’ or
- more of your children live in Australia than in any other single country.
An ‘eligible child’ is an Australian citizen, a permanent resident usually residing in Australia, or an eligible New Zealand citizen who is also usually residing in Australia.
The permanent Parent visas in Australia are subject to capping and queueing, meaning there are annual limits on the number of visas granted. Once this limit is reached, applications are placed in a queue and processed in order as places become available in future migration years.
Contributory Parent Visas
Contributory Parent visas offer a faster processing time compared to Non-Contributory Parent visas. However, they come with a higher visa application charge.
Types of contributory parent visas:
- Contributory Parent Visa – Subclass 173/143
- This visa is for parents who are willing to make a higher contribution to the cost of their migration to Australia. It allows parents to live in Australia permanently.
- Contributory Aged Parent Visa – Subclass 884/864
- This visa is for parents who are old enough to receive the age pension in Australia and are willing to make a higher contribution to the cost of their migration to Australia. The visa allows parents to live in Australia temporarily, with the option to apply for permanent residency later.
The visa applicant must:
- be sponsored by an eligible child. You must have a child who is an Australian citizen, permanent resident, or eligible New Zealand citizen
- meet the balance of family test
- satisfy the health and character requirements
- be able to obtain an assurance of support at the permanent visa stage
- have no outstanding debts to the Australian government.
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 31+ years to finalise.
Types of Non-Contributory Parent Visas:
- Parent Visa – Subclass 103
- This 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 Visa – Subclass 804
- This 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
- To be eligible for this visa, you must be old enough to receive the age pension in Australia
The visa applicant must:
- be sponsored by an eligible sponsor
- meet the balance of family test
- satisfy the health and character requirements
- be able to obtain an assurance of support
- have no outstanding debts to the Australian government.
Sponsored Parent (Temporary) Visa (subclass 870)
The Subclass 870 visa is a temporary visa allowing parents of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia for up to 3 or 5 years at a time, with a maximum stay of 10 years. This visa offers a flexible pathway for parents to live in Australia temporarily while staying connected with their families.
This visa does not require the Balance of Family Test or Assurance of Support, making it a more flexible option for parents wishing to live in Australia temporarily.
Applicants can apply for this visa whether they are inside or outside Australia. However, if applying within Australia, they must first obtain permission from the Minister to apply.
There is a two-stage application process:
- Parent Sponsor Approval – the first step is to have an approved Parent Sponsor
- Visa Application – within 6 months of the sponsorship approval, or 60 days if applying from within Australia, the visa application must 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 sufficient funds to support yourself during your stay in Australia
- have a genuine intention to stay in Australia temporarily
- have met and complied with any previous visa obligations
- have adequate arrangements for health insurance whilst in Australia
- meet the health and character requirements.
Child Visas
Child visas allows children to be sponsored for permanent residence in Australia, typically by their biological or adoptive parents. There is also an Orphan Relative visa for Australian citizens, Australian permanent residents, or eligible New Zealand citizens to sponsor a child when their parents are deceased, unable to care for them, or missing.
Types of Child Visas:
- Child (Permanent) Visa (subclass 802)
- Child (Permanent) Visa (subclass 101)
- Dependent Child Visa (subclass 445)
- Adoption (Permanent) Visa (subclass 102)
- Orphan Relative (Permanent) Visa (subclass 117)
- Orphan Relative (Permanent) Visa (subclass 837)
Other Family Sponsored 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 confident 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
You may still be eligible for a permanent visa, if you:
- hold a subclass 820 visa,
- hold a subclass 309 visa, or
- have applied for a subclass 820 visa.
Additionally, one of the following must apply to you:
- your relationship ended due to the death of your partner,
- you have a biological child from the relationship,
- you experienced family violence committed by your partner during the relationship.
Talk to us at Migration Affairs and find out how we can assist you.
If you have been the victim of family violence committed by your sponsoring partner, you may still be eligible for a permanent visa.
In order to access the family violence provisions, you must either hold an 820 visa, hold a 309 visa or have applied for an 820 visa. You must provide evidence to the Department of Home Affairs of the family violence you experienced. The family violence must have been during the course of your relationship. If you experienced family violence after the relationship ended, you will not be eligible for the permanent visa grant.
Family violence is no longer restricted to just physical abuse. If you are the victim of emotional or psychological abuse, you can still access the family violence provisions.
1800 RESPECT is a free service which provides online chat or telephone support to people experiencing family violence. The service is confidential and available 24 hours/7 days.
Talk to us at Migration Affairs and find out how we can assist you.
Yes, dependent children can be included in your Partner visa application or added later as subsequent entrants, provided they meet the definition of a dependent. You will need to provide documentation such as birth certificates, custody arrangements (if applicable), and evidence of financial and emotional support.
In a de facto relationship, living together is a key requirement unless there are compelling or compassionate circumstances. The Department generally expects that you have been living together for at least 12 months before applying, although exceptions apply if your relationship is registered under state or territory laws in Australia.
Yes, you can apply for an onshore Partner visa (subclass 820/801) while holding a valid Visitor visa, provided there are no restrictions such as Condition 8503 – No Further Stay. However, it’s important to understand that applying onshore may come with additional scrutiny, and applicants must demonstrate that their intention to visit was genuine at the time of entry.
Yes, but limitations apply. You cannot sponsor more than two partners in your lifetime, and there must be at least 5 years between sponsorships unless compelling circumstances apply (e.g. death of previous partner or children from the relationship). If you were previously sponsored, or sponsored someone else, you must disclose this.
Yes, there is a limited number of permanent Parent visas available each Migration Program year. Once this limit is reached, no additional visas are granted for that program year. Demand for these visas often exceeds the available places, leading to longer processing times.
An Assurance of Support (AoS) is a legal commitment by a sponsor to financially support a visa applicant (usually for Parent and other family visas) so that they do not need to rely on Centrelink or government support. It is generally required for:
- Contributory Parent visas
- Non-contributory Parent visas
- Aged Dependent Relative, Remaining Relative visas
The sponsor may need to provide a bank guarantee and meet income requirements.
Yes, if you’re eligible and meet the onshore visa criteria (e.g. aged parent), you can apply from within Australia. However, be aware that bridging visas may not come with work or travel rights, and some visa subclasses have long processing times, meaning you may spend several years in Australia on a bridging visa before the visa is finalised.
A genuine relationship is assessed through various factors, including emotional and financial commitment, shared household responsibilities, communication patterns, and social recognition of the relationship. Evidence such as joint financial assets, shared bills, travel records, and support from friends and family strengthens your case. The Department of Home Affairs carefully evaluates these aspects to confirm the authenticity of the relationship.
