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Overview

Children, parents and other family members may apply for migration to join their Australian citizen or permanent resident family members in Australia.

These visas are available to family members of Australian citizens and permanent residents, including de-facto partners, spouses, parents or children, including the subclass 800 or 870 visas.

In order to bring family members together, the Australian immigration department has introduced family visas in Australia. This allows partners, parents, children, and other family members to migrate to Australia under certain conditions. These visas are primarily sponsored by Australian citizens, permanent residents, and eligible New Zealand citizens.

Family visas in Australia are both temporary and permanent visas that allow partners, parents, children, parents, and other relatives of Australian citizens, permanent residents, and eligible New Zealand citizens to enter the country. These visas may also grant the holder access to Medicare, the ability to work in Australia, and, eventually, citizenship.

Our core principles:

Partner visas in Australia are temporary and permanent visas that allow spouses or de facto partners of Australian citizens, permanent residents, and eligible New Zealand citizens to enter the country.

Partner visas also grant the holder access to Medicare and the ability to work in Australia. In some cases, simply applying for a Partner visa can achieve the same results.

There are three types of partner visas:

  • Prospective Marriage (Subclass 300) (offshore) visa
  • Partner (Subclass 820/801) (onshore) visa
  • Partner (Subclass 309/100)(offshore) visa

General Requirements:

You must be an individual under one of the categories below:

  • Married partners of Australian citizens, permanent residents or eligible New Zealand citizens; or
  • De facto partners of Australian citizens, permanent residents or eligible New Zealand citizens; or
  • Fiance’s of Australian citizens, permanent residents or eligible New Zealand citizens.

Partner visa requirement:

  • If your application is based on marriage you must be legally married to an Australian citizen, permanent resident or eligible New Zealand citizen;
  • If your application is based on a de facto relationship you must demonstrate 12 months of evidence (unless in a registered de facto relationship);
  • you and your partner must both be at least 18 years old, and must not be closely related;
  • you and your spouse/partner must be in a mutually exclusive relationship;
  • you and your spouse/partner must either live together or live apart on a temporary basis only.

Sponsor requirements:

  • not have previously sponsored more than one partner;
  • not have been sponsored by a partner, within the last 5 years (unless there are compelling circumstances);
  • provide police clearance certificates to the Department for each country in which he/she has lived for at least 12 months during the last 10 years.

1. Prospective Marriage (Subclass 300) (offshore) visa

If you are planning to marry an Australian citizen or permanent resident, or an eligible New Zealand citizen, and you are located offshore, you may consider applying for a prospective marriage visa as a potential pathway to permanent residence in Australia.

The subclass 300 visa, also commonly known as a fiancé visa, is a temporary visa which, if granted, will allow you to travel to Australia to marry your partner within the 9-month visa period. After marrying your partner, it is intended that you will then apply for an onshore partner visa (which must be lodged before the subclass 300 visa expires).

2. Partner (Subclass 820/801) (onshore) visa

Partner (Temporary) Visa (Subclass 820) – Provisional visa

This visa is available to the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia temporarily. After meeting further requirements, the subclass 820 visa holder may be eligible to apply for the Partner (Migrant) Visa (Subclass 801).

Partner (Migrant) Visa (Subclass 801) – Permanent visa

In our experience, the Department tends to issue a notice to the visa holder of subclass 820 to invite the visa holder to apply for a subclass 801 permanent residency visa. The visa application process is generally straightforward.

3. Partner (Subclass 309/100)(offshore) visa

If you are married to, or you are in a de-facto relationship with, an Australian citizen or permanent resident, or an eligible New Zealand citizen, and you are located offshore, you may consider applying for a partner visa 309 as a potential pathway to permanent residence in Australia.

The application involves a 2-step process, whereby you are required to lodge a combined application for a temporary visa (subclass 309) and a permanent visa (subclass 100 visa) at the same time. You will first be assessed for the temporary subclass 309 visa and, if granted, it will allow you to enter and reside in Australia whilst Immigration processes your application for permanent residence.

Child visas are available to dependent, adopted and/or orphaned children of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

Typically, children are eligible for visas based on the visas granted to their parents. In some cases, they may be required to apply for visas separately, for example, in case of adoption. The appropriate visa option is determined by the child’s circumstances, which include the child’s age, dependency status, and whether the child is in or out of Australia.

General Requirement

A biological, adopted or step-child who is under 18 years old or a full-time student over 18 years old but under 25 years old and dependent on their parent is eligible for a child visa.
In order to make an application for a child visa, and depending on the subclass of visa, at least one parent must either be an Australian citizen, the holder of an Australian permanent visa or awaiting the processing of their Partner (Provisional) visa (subclass 309) or partner visa (subclass 820)

If the child is a step-child, the step-parent must have either a current Australian parenting order saying the child is to live with them or they have guardianship or custody of the child under Australian law or the law of another country.

There are five types of child visas:

1. Child (Permanent) (Subclass 802)

Onshore Child visa (Subclass 802) is for a dependent child who is under 25, including over 18 but is incapacitated for work due to a medical condition, in Australia to live permanently with you.

This visa is available to 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).

2. Orphan Relative (Permanent) (Subclass 837)

This visa lets a child who is single and already in Australia stay with a relative if their parents are dead, can’t care for them or can’t be found. If your orphan relative is in Australia, you can sponsor them for a permanent Orphan Relative (Subclass 837) visa.

  • This visa is available when a relative sponsors an orphaned child to live in Australia as a permanent resident (and the child is in Australia).
  • The child must be in Australia but not in immigration clearance when the application is made and when we make a decision.

3. Orphan Relative (Permanent) (Subclass 117)

  • This visa lets a child who is single come to Australia to live with a relative if their parents are dead, are unable to care for them or can’t be found.
  • This visa is available when a relative sponsors an orphaned child to live in Australia as a permanent resident (and the child is outside of Australia).
  • The child must be outside Australia when the application is made and when we make a decision.

4. Adoption Visa (Permanent) (Subclass 102)

The Adoption Visa (Subclass 102) allows a child to migrate to Australia with their adoptive parent. It is a permanent visa and allows the holder to receive Medicare, live here as a permanent resident, work and study here, sponsor other relatives and apply for citizenship.

  • This visa is available when a person who is an Australian citizen, holder of a permanent visa or eligible New Zealand citizen sponsors a child that they have adopted overseas to live in Australia as a permanent resident.
  • The child must have been under 18 years of age when adopted, when they apply and when we make a decision.
  • The child must be outside Australia when the application is submitted.
  • The child must be adopted or in the process of being adopted by their sponsor parent.

5. Dependent Child Visa (Subclass 445)

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

  • This visa is available when a child’s parent holds a temporary partner visa, and the child was not included in the temporary partner visa application.
  • The child must be a dependent child of the visa-holding parent.
  • The child must be sponsored by the nominator or sponsor of the visa-holding parent.

Parent visas in Australia are both temporary and permanent visas that allow parents of Australian citizens, permanent residents, and eligible New Zealand citizens to enter the country. The programme offers a variety of visas, with different possibilities based on the parents’ age, whether they want to stay temporarily or permanently, and their financial capabilities.

There are four categories of parent visas:

  • Onshore visa options (may grant bridging visas)
  • Practical visa options (non 30+ year processing times)
  • Temporary visa options
  • Permanent visa options

1. Onshore visa options (may grant bridging visas)

There are three types of onshore visas available:

  • Aged Parent (Residence) visa (subclass 804)
  • Contributory Aged Parent (Temporary) Visa (subclass 884) / Contributory Aged Parent Visa (subclass 864)
  • Sponsored Parent (Temporary) (subclass 870) (if you have Permission to Apply from the Minister)

2. Practical visa options (non 30+ year processing times)

There are three types of practical visas available:

  • Contributory Aged Parent (Temporary) Visa (subclass 884) / Contributory Aged Parent Visa (subclass 864)
  • Contributory Parent (Temporary) Visa (subclass 173) / Contributory Parent (Migrant) visa (subclass 143)
  • Sponsored Parent (Temporary) (subclass 870)

3. Temporary visa options

Sponsored Parent (Temporary) (subclass 870) is the only visa available under the Temporary visa option.

4. Permanent visa options

There are four types of permanent visas available:

  • Aged Parent (Residence) visa (subclass 804)
  • Parent Visa (subclass 103)
  • Contributory Parent (Temporary) Visa (subclass 173) / Contributory Parent (Migrant) visa (subclass 143)
  • Contributory Aged Parent (Temporary) Visa (subclass 884) / Contributory Aged Parent Visa (subclass 864)

Frequently Asked Questions (FAQs)

  • Parent visa – Do I need health, character and/or English assessment?

      Health examinations may be required to process your visa, depending on your nationality and travel history. Once you’ve finished the information questionnaire, we will let you know about the necessary assessments. You will be required to show police clearances for every countries where you have spent at least 12 months in the last ten years.

  • Parent visa – What is an assurance of support?

      An Assurance of Support (AoS) is a legal agreement between a sponsor, a family member, an organisation, or any other person who may be eligible to be an assurer and the Australian Government to repay certain social security payments made to a person or their family members applying to migrate to Australia during their AoS period. From the time you and any accompanying family members arrive in Australia, the Assurance of Support must be in place for two years.

  • Parent visa – Do I have any conditions once I have obtained my visa?

      In general, permanent residency visas are awarded without conditions (apart from, in some cases, the condition to enter into Australia before a particular date).

  • Parent visa – What is a balance of family test?

      A parent meets the balance of family test if at least half their children and stepchildren are eligible children or there are more eligible children than children living in any other single country. Note you will not have to pass the balance of family test if you are applying for the Sponsored Parent (Temporary) (subclass 870) visa.

  • Parent visa – What is ‘capping and queuing’?

      Australia’s Immigration Minister has the power to “cap” or limit the number of visas that can be granted each year in a particular visa subclass. Contributory Parent visas are not presently queued which makes them a costly, but it is still a viable pathway to permanent residence.

  • Parent visa – I have lodged an offshore Parent visa application, can I visit Australia during processing?

      Yes, you can still apply for a Visitor visa (or other relevant visa) to visit friends and family in Australia. This will not affect your permanent resident visa application, as such Visitor visas are allowed to stay in Australia for longer lengths of time under Australian legislation.

  • Parent visa – What age do my parents need to be in order to apply for the Aged Parent / Contributory Aged Parent visas?

      The Department requires that at least one parent in your application must be old enough to receive the age pension in Australia. The pension age will be gradually increased from 65 to 67 years

  • Parent visa – Does applying for these visas result in a Bridging visa?

      Only if you apply for an Aged Parent or Contributory Aged Parent visa in Australia while holding a substantive visa will you be awarded a Bridging Visa by the Australian goverrnment.

  • Child visa – What is a Child visa?

      At the point of birth, children born in Australia to Australian citizens and permanent residents automatically receive Australian citizenship. The process is a little more complicated for children born outside of the Australia. Unless one of the parents is an Australian citizen (in which case the child can apply for citizenship by descent), the child will need to apply for a visa to visit Australia. Despite the fact that the child can apply for any visa, a Child visa is a permanent visa that can be filed for if one or both parents are already permanent residents of Australia.

  • Child visa – What is the lodgement fees for child visa?

      The cost of a child visa application varies depending on whether the child is in Australia or not, as well as the visa category. To find out what charges apply to your case, contact your Riverwood Migration Immigration agent. As a brief summary: Dependent Child (Subclass 445) = From AUD$2,665 Child (Subclass 101) = From AUD$2,665 Child Onshore (Subclass 802) = From AUD$2,665 Adoption (Subclass 102) = From AUD$2,665

  • Partner visa – Do I need health, character and/or English assessment?

      Health examinations may be required to process your visa, depending on your nationality and travel history. Once you’ve finished the information questionnaire, we will let you know about the necessary assessments. You will be required to show police clearances for every countries where you have spent at least 12 months in the last ten years. You will need an English assessment unless one of the following applies: (1) You hold a passport from the UK, US, Canada, New Zealand or Ireland; (2) You have completed a minimum of five years of full-time study in a secondary and/or higher education institution where the instruction was delivered in English

  • Partner visa – I hold a current visa and am in Australia, what if it expires before my Partner visa is approved?

      If you are in Australia and hold a substantive visa when we lodge your Partner Visa application, you will likely to be granted a Bridging Visa A (BVA). This visa will allow you to remain in Australia during the processing of your Partner visa. Please note that the BVA will not allow you to re-enter Australia if you depart during processing of your Partner visa. Consult your Riverwood migration immigration agent if you have travel plans during the processing of your Partner visa.

  • Partner visa – Can I work during the processing of my Partner visa application (if I am applying onshore)?

      Your work rights will depend on what visa you hold (and applicable conditions). In general, once you have obtained your Bridging Visa A (BVA), you are allowed to work.

  • Partner visa – Can I include my family in my Partner visa application?

      Yes, you generally can include your children in your visa application. They will also receive a Partner Visa. There are requirements for children above the age of 18 to demonstrate dependency.

  • Partner visa – What if my relationship breaks down and I hold a Partner visa?

      This is dependent on a number of factors, including the circumstances surrounding the breakup of the relationship. You may be able to keep your Partner visa in specific circumstances.

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