Family & Partner Visas
Which visas are available?
If you have any Australian family members, you can migrate to Australia based on this relationship if they are willing to sponsor you.
There are a range of visa options that allow family members, including partners, to join or stay with their loved ones in Australia either temporarily or permanently. Understanding the right type of visa and meeting its specific requirements are crucial for a successful application.
Which visa should I apply for?
Family Visas
Family visas are designed to reunite family members with their relatives in Australia. Some of the visa options include:
- Child Visa (Subclass 101 or 802): Available for children applying from outside or inside Australia;
- Dependent Child Visa (Subclass 445): For the dependent children of those holding a temporary partner visa which does not already include the child
- Aged Parent Visa (Subclass 804): Allows older parents to stay permanently in Australia;
- Parent Visa (Subclass 103): Allows offshore parents to migrate to Australia;
- Contributory Parent Visa (Subclass 143 and 173): For parents outside Australia who can contribute a higher visa application charge for faster processing;
- Contributory Aged Parent Visa (Subclass 864 and 884): For parents in Australia who can contribute a higher visa application charge for faster processing;
- New Zealand Citizen Family Relationship (Temporary) Visa (Subclass 461): For family members of New Zealand citizens living in Australia;
- Sponsored Parent (Temporary) Visa (Subclass 870): Allows parents to stay temporarily in Australia.
Partner Visas
Partner visas allow spouses or de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia. Some of the visa options include:
- Prospective Marriage Visa (Subclass 309): For partners who are engaged and intend on marrying within 9 months after arriving in Australia on this visa.
- Onshore Partner Visa (Subclass 820/801): For partners who are already in Australia. It allows applicants to stay in Australia while their application is processed.
- Offshore Partner Visa (Subclass 309/100): For partners outside Australia at the time of application.
- New Zealand Citizen Family Relationship (Temporary) Visa (Subclass 461): For partners of New Zealand citizens who do not qualify as eligible New Zealand citizens but hold or can obtain a Special Category Visa (subclass 444). This visa allows a stay of up to 5 years.
Partner visas are a two stage process with a temporary partner visa being initially granted and the permanent visa being granted two years after. In some cases the permanent visa can be granted at the same time as the temporary visa.
Other
Other family migration options exist, which include:
- Aged Dependent Relative Visa (Subclass 114 and 838)
- Orphan Relative Visa (Subclass 117 and 837)
- Adoption Visa (Subclass 802)
- Remaining Relative Visa (Subclass 115 and 835)
- Carer Visa (Subclass 116 and 836).
What are the main requirements?
Family Visas
Generally, you will need to establish the family relationship and provide an assurance of support. Your Australian citizen, permanent resident or eligible New Zealand relative must also sponsor you as the applicant.
Partner Visas
The key requirements for a partner visa include:
- marital status: the visa applicant and the sponsor must be married or in a de facto relationship;
- mutual commitment: evidence of a genuine and continuing relationship;
- cohabitation: living together or, if living apart, only temporarily so;
- health and character: meet the health and character requirements for migration.
Other Visa
The key requirements for other family visas include:
- Aged Dependent Relative Visa – older relative of an Australian citizen, Australian permanent resident or an eligible New Zealand citizen live in Australia permanently, if they are dependent on them financially and meet the age requirements.
- Orphan Relative Visa – this visa lets a child who is single come to Australia to live with a relative if their parents are deceased, can’t care for them or can’t be found.
- Adoption Visa – allows those children to live in Australia who are adopted or going to be adopted by an Australian citizen, Australian permanent resident or an eligible New Zealand citizen.
- Remaining Relative Visa – permanent resident visa specifically designed for those whose all near relatives have settled in Australia and they are the only person left in their home country.
- Carer Visa – the Australian citizen or permanent resident requiring care needs to demonstrate need for care and meet certain health tests.
What are some of the common issues or reasons for refusals?
Some of the more common reasons for family and partner visa refusals include:
- inability to demonstrate genuineness of the relationship between spouses or de facto couples;
- complex requirements relating to past immigration issues;
- insufficient or incorrect documentation provided to support key requirements for the visa.
Family and partner visa requirements and processes can be complex. Our team of immigration lawyers can guide you through choosing the appropriate pathway based on your specific circumstances and eligibility. If you have questions or need personalised advice, consider booking a consultation with us today.
Want to find out which visa is suitable for you?
Fill up our Visa Eligibility Assessment form so we can make an assessment and provide you with advice on your possible visa options.
