Family Visas
PARTNER VISAS – Onshore
The Partner Visa subclass 820/801 (for onshore applicants) and 100/309 (for offshore applicants) allows the spouse or de facto partner of an Australian citizen, a permanent resident or an eligible New Zealand citizen, to live in Australia.
Being available to both heterosexual and same-sex couples, this two-stage visa is an ideal pathway towards gaining permanent residency provided you are in a married or de facto relationship. Applicants will need to be sponsored by their spouse or de facto partner.
As a part of the two-stage process, successful applicants are initially granted a Provisional 820 or 309 visa (depending on their location) and are reassessed two years later for the Permanent 810 or 100 visa (depending on their initial visa). Both visas are applied for in the same application, however, in certain circumstances, you may be eligible to apply under the Permanent subclass.
Partner Visa Onshore (Subclass 820/801)
There are two types of Partner Visa Onshore i.e.
- Partner Visa Subclass 820
- Partner Visa Subclass 801
Amidst these two, the partner visa Subclass 820 is a temporary partner, visa via which you can live in Australia. The Subclass Visa 820 is a temporary or a provisional visa whereas the subclass 801 partner visa is a permanent visa.
It is also the initial stage in your pursuit of a permanent Visa of Australia. On the other hand, Subclass 801 is a permanent visa. You’ll have to apply for both these visas simultaneously. Only a single application charge is applicable. Overall, the application processing time for a permanent visa is two years from the date of the initial visa application.
Partner Visa 820 to 801 (temporary to permanent)
Getting the permanent visa Subclass 801 is a dual-stage process. For the eligibility of the permanent visa, you need the temporary visa Subclass 820. You’ll have to file for both temporary and permanent visa together. For both the applications, a single fee is paid. Once an applicant gets the temporary visa, he becomes eligible for the permanent visa. However, eligibility for permanent visa happens only two years after the grant of the temporary visa. You’ll have to provide additional documents for the authorities to examine your eligibility for the visa. But, if you and your partner were in a long-term relationship before the application of the temporary visa was filed, you’ll get the permanent visa immediately after the expiry of the temporary subclass 820 visa. You can apply for Partner Visa Subclass 820 exclusively. Application of Partner Visa Subclass 801 cannot be made unless you hold the Partner Visa Subclass 820.
Eligibility for Partner Visa Onshore (Subclass 820/801)
To avail the partner visa onshore (Subclass 820/801), the candidate must be in a de facto relationship or married to:
- Citizen of Australia, or
- Permanent Resident of Australia
- Eligible Citizen of New Zealand
OFFSHORE Partner Migrant SUBCLASS 100 / 309 Partner Provisional
Other names for this Visa are:
- Spouse Visa
- De Facto Visa
- Marriage Visa
309 is a provisional visa that lets you stay in Australia temporarily. On the other hand, subclass 100 is a permanent visa which lets you stay in Australia permanently. The 309 Visa is your first step you getting the Visa Subclass 100. So, you cannot get a subclass 100 visa without getting the subclass 309 visa. to apply for the partner visa subclass 309, you must be outside Australia. On the other hand, you can be either in or outside Australia while applying for the subclass 100 Visa.
PARTNER VISA COMPARISION
| ONSHORE SUBCLASS 820 /801 | OFFSHORE Partner Migrant SUBCLASS 100 / 309 Partner Provisional | ||
|---|---|---|---|
| Subclass 820 | Subclass 801 | Subclass 309 | Subclass 100 |
| Partner (Migrant) visa | Partner (Migrant) visa | ||
| Partner visa (Temporary) | Partner visa (Permanent) | The 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). | |
| · This a permanent visa | Subclass | ||
| This visa 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). | 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 only for people who currently hold a temporary Partner visa (subclass 820). | · You must hold a temporary Partner visa (subclass 309) | This visa 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 100). |
| · This a permanent visa | With this visa you can | ||
| With this visa you can | · You must hold a temporary Partner visa (subclass 820) | With this visa you can | |
| Stay | stay in Australia until we decide your permanent Partner (Migrant) visa (subclass 100) or the application is withdrawn | ||
| stay in Australia until we decide your permanent Partner (Migrant) visa (subclass 801) or that application is withdrawn | Permanently | work in Australia | stay in Australia indefinitely |
| work in Australia | study in Australia (you will not receive government support) | work in Australia | |
| study in Australia (you will not receive government support) | With this visa you can | travel to and from Australia as many times as you want | study in Australia |
| travel to and from Australia as many times as you want | attend up to 510 hours of free English language classes provided by the Adult Migrant English Program | enrol in Australia's public healthcare scheme, Medicare | |
| attend up to 510 hours of free English language classes provided by the Adult Migrant English Program | stay in Australia indefinitely | enrol in Australia’s public health care scheme, Medicare | sponsor your relatives to come to Australia |
| enrol in Australia’s public health care scheme, Medicare | work in Australia | How long you can stay | travel to and from Australia for 5 years |
| study in Australia | Stay on the visa until we decide your permanent visa (subclass 100) application or you withdraw the application. | if eligible, attend free English language classes provided by the Adult Migrant English Program | |
| How long you can stay | enrol in Australia's public healthcare scheme, Medicare | For most applicants, this stay is from 15 to 24 months. | if eligible, apply for Australian citizenship |
| sponsor your family members to come to Australia | In some circumstances, including where you have been in a long term relationship before you apply, you might not stay on the 309 visa at all. We might grant you the permanent visa immediately after we grant the temporary 309 visa. | Travel to and from Australia for 5 years | |
| Stay on the visa until we decide your permanent visa (subclass 801) application. | travel to and from Australia for 5 years | Include family members | If you are outside Australia at the time of visa grant you must enter Australia before the date specified in your grant letter. The first entry date is generally set at 12 months from the date of visa grant. |
| if eligible, attend free English language classes provided by the Adult Migrant English Program | You can include your members of the family unit in your application. You can: | You can travel to and from Australia as many times as you want for 5 years from the date we grant this visa. This is as long as the travel facility on this visa remains valid. | |
| For most applicants, this stay is from 15 to 24 months. | if eligible, apply for Australian citizenship | If you want to travel after the initial 5 year travel facility: | |
| Travel to and from Australia for 5 years | include them when you lodge your visa application | ||
| Applicants who have been in a long term relationship before they apply might not have to stay on the subclass 820 visa at all. We might grant you the permanent visa immediately after we grant the temporary subclass 820 visa. | add a dependent child after you lodge your application but before we decide on your temporary visa. | you will need to apply for and be granted a Resident Return (RRV) so that you can re-enter Australia as a permanent resident. | |
| You can travel to and from Australia as many times as you want for 5 years from the date we grant this visa. This is as long as the travel | . | ||
| Include dependent children | (Migrant) visa is processed | ||
| How long you can stay | travel to and from Australia as many times as you want | ||
| You can include a dependent child or children in your application: | attend free English language classes provided by the Adult Migrant English Program | ||
| This is a permanent visa. It lets you stay in Australia indefinitely. | be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen | ||
| usually, be outside Australia when you apply and when the visa is granted | |||
| How long you can stay | |||
| Include family | |||
| This is a permanent visa. It lets you stay in Australia indefinitely. | |||
| You can include your dependent child in your application when you apply for the combined temporary and permanent visas. | |||
| You become a permanent resident on the day we grant the visa. | |||
| Meet relationship requirements | |||
| You must still be in a relationship with your spouse or de facto partner. | For citizenship purposes, your permanent residency starts on the day: | ||
| See the subclass 820 visa for more information on married and de facto applicants. | |||
| You must usually continue to be sponsored. | You can include members of the family unit in your application when you apply for the combined temporary and permanent visas. | ||
| You might still be eligible for the permanent visa if your relationship breaks down or if your sponsor dies after we haved granted the temporary visa but while we are still considering the permanent visa. | If you have a dependent child who does not hold a subclass 309 visa, you can add them to your application before we make a decision on your permanent visa application. | ||
| The child must hold a Dependent Child visa (subclass 445) |
Aged Parent Visa (subclass 804)
The visa allows older parents to live permanently in Australia if they have a child who is an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia. You can lodge the application either in Australian or outside Australia. To be eligible to apply for the Aged Parent visa, you must be 65 years of age or older. If you do not have a ‘no further stay’ provision on your visa you can lodge your visa in Australia and will be granted a bridging until the visa is determined.
WHO IS ELIGIBLE FOR THE AGED PARENT VISA?
- 65Yrs or Older
- You must also meet the balance of family test.
- at least half of your children live permanently in Australia or
- more of your children live permanently in Australia than in any other country.
- You must be sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The sponsor needs to have been living lawfully in Australia for at least two years before you apply for this visa. For most applicants, your child or your child’s spouse or de facto partner will need to sponsor you.
You can include the following people in your visa application at the time of lodgement:
- your partner (married or de facto)
- your or your partner’s dependent children
- other dependent relatives.
WHAT WILL THIS VISA LET ME DO?
Upon grant of the Aged Parent visa, you will be able to live in Australia permanently. It lets you and any family members who have also been granted this visa:
- stay in Australia indefinitely
- work and study in Australia
- enrol in Medicare, Australia’s scheme for health-related care and expenses
- apply for Australian citizenship (if you are eligible)
- sponsor eligible relatives for permanent residence
- travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia).
Contributory Parent (Temporary) Visa (subclass 173)
The Australian Government has included ‘contributory’ parent visa categories into the Parent Visa scheme. If you are a parent of an Australian citizen, a permanent resident, or an eligible New Zealand citizen who is settled in Australia, the Contributory Parent (Temporary) Visa will allow you to live in Australia for up to two years.
This visa has a shorter queue for processing and no Assurance of Support is necessary. While there is a much higher application fee to cover the costs of medical expenses, the 173 visa allows applications to spread the costs over the period they time they are in Australia
This Visa is for parents residing in other country, who have children residing in Australia, to enter and live in Australia for two years. You cannot extend or renew this Visa. This Visa is essential for a parent who has his or her children ‘settled’ while the application is lodged. They may either be 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.
To be eligible for this Visa you must meet the following requirements.
Child In Australia
You must have a child who is settled in Australia as one of the following:
- an Australian citizen
- an Australian permanent resident
- an eligible New Zealand citizen.
Eligible Sponsor
You must be sponsored by an eligible sponsor. Usually, your child will sponsor you. If your child is under 18 years you may also be sponsored by one the following:
- your child’s partner
- a relative or guardian of your child
- a relative or guardian of your child’s partner
- a community organization.
Balance Of Family
You must meet the balance of family test.Health requirements
You, your partner and all dependent family members must meet certain health requirements and may need to undergo a health examination.
Character Requirements
You, your accompanying partner and all dependent family members aged sixteen and above must meet the character requirements.
FEES & COSTS
The cost of this visa is priced from $31,670 and is paid in two instalments ($2,540 and $29,130 respectively). Please note that this is only the flat rate and you may be asked to pay additional costs to cover requirements such as; health assessments, police certificates and biometrics.
If you wish to add additional family members to your application, an extra fee will be imposed upon your visa application.
If you are granted this Visa and want to live in Australia permanently, you must apply for a permanent Visa before this temporary Visa expires. Once you are in Australia, you can only apply for one of the following substantive Visas:
- Contributory Parent (Migrant) Visa (subclass 143)
- Protection Visa (permanent) Visa
- Medical Treatment (temporary) Visa.
Contributory Aged Parent (Temporary) Visa (Subclass 884)
The Contributory Aged Parent (Temporary) Visa is a replica of the Contributory Parent (Temporary) subclass 173 Visa, however, is suitable for applicants who are eligible for the Australia age pension.
If you are a parent of an Australian citizen, a permanent resident or an eligible New Zealand citizen who is settled in Australia, the Contributory Aged Parent (Temporary) Visa will allow you to live in Australia for up to two years.
This visa has a shorter queue for processing and no Assurance of Support is necessary. While there is a much higher application fee to cover the costs of medical expenses, the 884 visa allows applications to spread the costs over the period of time that they are in Australia.
If you are granted this visa, you may be able to apply for the Contributory Aged Parent Visa (Permanent) Subclass 864 provided you meet the relevant criteria.
children living in Australia as permanent residents or citizens who are “settled” in Australia. “Settled”
In order to qualify for this visa the applicant must meet what is referred to as the balance of family test. This test states that the applicant must have at least half of their children living in Australia as an Australian citizen or permanent resident or that more of your children live in Australia than any other country. All children, including stepchildren and adopted children of both parents are included in the balance of family test.
In addition to the balance of family test you must be sponsored by an eligible person, usually your child and you must meet the health and character requirements.
FEES & COSTS
The cost of this visa is priced from $32,900 and is paid in two instalments ($3,770 and $29,130 respectively). Please note this is only the flat rate and you may be asked to pay additional costs to cover requirements such as; health assessments, police certificates and biometrics.
This temporary visa lets the aged parent of a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen stay temporarily in Australia.
- have an eligible child who is a settled Australian citizen, an Australian permanent resident or an eligible New Zealand citizen
- be old enough to receive the Australian aged pension
- be in Australia, but not in immigration clearance, when you apply for this visa and when we make our decision
CONTRIBUTORY AGED PARENT (PERMANENT) VISA SUBCLASS 864
Contributory Aged Parent (Temporary) Visa (Subclass 884)
The permanent Contributory Aged Parent Visa is a replica of the permanent Contributory Parent Visa, however, is designed for applicants who are eligible for the Australian aged pension.
If you are a holder of a Contributory Aged Parent (Temporary) Visa (Subclass 884), to gain permanent residency under the 864 visa, you will need to demonstrate that you meet the following minimum eligibility requirements:
- Have an eligible sponsor (see above) who is willing to provide support for at least two years
- Be old enough to qualify for the age pension in Australia
- Be eligible to obtain an Assurance of Support – a legal document that assures the Australian Government that you will not rely on the government for two years, after you enter Australia on the visa
- Meet the health and character requirements
If you do not hold a 173 visa you must satisfy the above requirements and also meet the balance-of-family test by having at least half of your children residing permanently in Australia, or the majority of your children residing perm
FEES & COSTS
The cost of this visa is priced from $19,750 and is paid in two instalments. Please note that this is only the flat rate and you may be asked to pay additional costs to cover requirements such as; health assessments, police certificates and biometrics.
The Assurance of Support also requires you to pay a bond and if you wish to add additional family members to your application, an extra fee will be imposed upon your visa application.
CHILD VISAS
Child visa enables a dependent child of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia. The child visa can be lodged onshore or offshore.
Who can get Child Visa?
Eligibility requirements:
- be a dependent child of a parent who is an Australian citizen, eligible New Zealand citizen or holder of an Australian permanent visa
- the child 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 18 to 25, or over 18 and unable to work due to a disability
- be single and dependent on the parent
- meet health and character requirement
- meet additional criteria of the stream in which you are applying for.
- 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
- be outside Australia when the application is made and when we make a decision on the application
Categories of Child Visas
Child Visa Subclass 101– be outside Australia when the application is made and when the decision is made.
Child Visa Subclass 802 – be in Australia when the application is made and when the decision is made.
Adoption Visa Subclass 102 – This is a permanent visa. It lets the child stay in Australia indefinitely. This visa lets children adopted outside Australia live in Australia with their adoptive parent. Department will not accept adoption visa applications for children who have been adopted in Pakistan. If the child has siblings who also want to apply for an Adoption visa, they must submit separate applications for each sibling. The child’s dependent children can be included on their application when they apply or added to their application at any time before the application is decided.
RELATIVE VISAS
REMAINING RELATIVE VISA SUBCLASS 115 AND 835
This visa is for people whose only near relatives are usually resident in Australia and are Australian citizens, Australian permanent residents or eligible New Zealand citizens. The remaining relative visa requires you to be sponsored by an eligible relative (or your relative’s eligible partner), in Australia.
you and your partner cannot have any other brothers, sisters, parents (or step equivalents), or non-dependent children other than those who are usually resident in Australia and are Australian citizens, Australian permanent residents or eligible New Zealand citizens.
You must be sponsored by an eligible sponsor. Your sponsor must be your brother, sister, parent (or step-equivalent) or their partner, who are settled and usually resident in Australia and they must be one of the following:
- an Australian citizen
- an Australian permanent resident
- an eligible New Zealand citizen
The Subclass 115 visa is an offshore visa and must be applied for and accepted offshore. The Subclass 835 visa is an onshore visa and to apply you must be in Australia holding a substantive visa which allows you to make a further application. There are very long waits for these visas and this should be taken into account when assessing whether to proceed.
AGED DEPENDENT RELATIVE VISA SUBCLASS 114 AND 838
If your only near relatives are residing permanently in Australia and are old enough to receive the Australian aged pension, you may be able to apply for an Aged Remaining Relative Visa. This visa enables persons in these circumstances to move and live in Australia permanently, provided you are dependant upon your relative who is willing to sponsor you, and all your family members included in your application.
In essence, each of these visas are the same – they both enable a person whose only near relatives are living in Australia to live in Australia indefinitely. The only difference is the location of the applicant when the application was lodged and decided on – 114 visa is for offshore applicants and 838 is for onshore.
These visas are sponsorship based and are designed for single, older applicants, who are dependent upon a relative living in Australia to provide them with financial support and care.
With this visa you can
- stay in Australia indefinitely
- work and study in Australia
- enrol in Australia’s public healthcare scheme, Medicare
- sponsor your relatives to come to Australia
- apply for Australian citizenship, if eligible
- Being a sponsorship based visa, applicants must be sponsored by a relative or a relative’s partner. These include the applicant’s parent, children, siblings, aunts and uncles, nieces and nephews, grandchild and grandparents. Sponsors do not necessarily have to be blood-related, as the Department considers half and step-relatives, and relatives that have been adopted, to be eligible for sponsorship. It is also a requirement that the applicant is financially dependent upon the sponsor, with the relative providing them support for three years prior to the application date.