Partner and Family Visas

Australia’s family visa program allows citizens, permanent residents, and eligible New Zealand citizens to sponsor close family members for temporary or permanent residence. The main categories include partner, parent, child, and other family visas.

Here’s a comprehensive overview of the key family visa types:

family

Partner Visas

For spouses, de facto partners, or fiancés of Australian citizens or permanent residents.

  • Subclass 820/801: Temporary and permanent partner visas for applicants in Australia.
  • Subclass 309/100: Offshore partner visa pathway.
  • Subclass 300: Prospective Marriage Visa for applicants outside Australia.

Eligibility includes genuine relationship evidence, sponsorship, and health/character checks.

Child Visas

For dependent children, adopted children, or orphan relatives.

  • Subclass 101/802: Child visa for dependent children (offshore/onshore).
  • Subclass 102: Adoption visa.
  • Subclass 445: Dependent child visa for children of temporary partner visa holders.
  • Subclass 117/837: Orphan Relative visa.

Requires sponsorship and proof of relationship.

Parent Visas

For parents of Australian citizens or permanent residents.

  • Subclass 103: Parent visa (long wait times).
  • Subclass 804: Aged Parent visa (onshore).
  • Subclass 143/173: Contributory Parent visas (faster processing, higher cost).
  • Subclass 864/884: Contributory Aged Parent visas.

Applicants must meet balance-of-family test and sponsorship requirements.

  • Subclass 870: Sponsored Parent Visa.

Temporary visa for parents who can be sponsored by their child.

Other Family Visas

For carers, remaining relatives, and aged dependent relatives.

  • Subclass 116/836: Carer visa.
  • Subclass 115/835: Remaining Relative visa.
  • Subclass 114/838: Aged Dependent Relative visa.

These visas are more uncommon and have longer processing times.

Key Considerations

  • Sponsorship: Most family visas require a sponsor who is an eligible Australian resident.
  • Processing times: Vary widely depending on visa type and demand.
  • Costs: Contributory visas are more expensive but processed faster.
  • Health and character checks: Mandatory for all applicants.

Why Book a Consultation?
A personalized consultation can help determine

  • Whether you currently meet the criteria for any visa
  • What steps you can take to become eligible
  • How to strategically plan your application for visa approval

The Subclass 820 is the temporary partner visa granted to applicants who apply while in Australia; the Subclass 801 is the permanent partner visa that follows, usually granted after the Department is satisfied the relationship remains genuine and continuing.

Partner Visa can also be applied for whilst outside Australia

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Who Can Apply

  • Applicant must be the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
  • De facto partners generally need to show at least 12 months’ cohabitation unless the relationship is registered or other compelling evidence is provided.
  • There are limitation and character requirements for sponsors.

How the Two-Stage Process Works

  1. You lodge one combined application for both the temporary (820) and permanent (801) visas while in Australia.
  2. If eligible, you are granted the temporary Subclass 820 first.
  3. The Department assesses entitlement to the permanent Subclass 801 later (commonly after about 2 years, or sooner if criteria are met).

Key Eligibility Requirements

  • Genuine and continuing relationship with the sponsor.
  • Sponsor must be an eligible Australian citizen, permanent resident, or eligible New Zealand citizen.
  • Meet health and character checks.
  • Provide a positive sponsor status (no outstanding sponsorship bars or serious breach history).

Evidence You Should Provide

  • Identity documents and police clearances.
  • Relationship evidence across three areas: financial (joint accounts, bills), household (shared lease, utilities), and social (photos, invitations, statements from family/friends).
  • Communication and travel history, proof of shared children or joint commitments if applicable.

Costs Processing and Timings

  • Application fee is substantial and indexed over time; check the Department of Home Affairs for current fee. Processing times vary: many temporary and permanent partner stages take several months to years depending on complexity and caseload.

Rights While on Subclass 820

  • Work and study rights in Australia.
  • Access to Medicare if eligible.
  • Ability to travel on and off Australia only while the visa’s travel facility is valid; permanent visa grants broader long-term travel rights once issued.

Common Issues and Practical Tips

  • Incomplete or inconsistent relationship evidence is the most common cause of delays or refusal; prepare a clear timeline and organised supporting documents.
  • If separated or facing domestic violence, other pathways and protections may apply—seek specialist advice.
  • Consider a migration agent for complex cases especially if there is a relationship breakdown (previous visa history, sponsor issues, or character concerns).

Next Steps

If you want, I can:

  • Create a tailored document checklist for your situation. Evaluate if your evidence is adequate or requires strengthening.
  • Draft a professional submission you can use in the application.
  • Explain how to prepare statutory declarations from referees.

Why Book a Consultation?
A personalized consultation can help determine

  • Whether you currently meet the criteria for any skilled visa
  • What steps you can take to become eligible
  • How to strategically plan your application for visa approval

 

The Prospective Marriage (Subclass 300) visa lets an engaged partner of an Australian citizen, permanent resident, or eligible New Zealand citizen enter and stay in Australia to marry their sponsor and then apply for a Partner visa. The visa is temporary and is intended to give the couple time to marry and prepare a permanent partner visa application.

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Eligibility (key requirements)

  • Applicant must be outside Australia when applying and at decision time.
  • You and your prospective spouse must both be at least 18 years old.
  • You must intend to marry the sponsor within the visa validity period and have met in person with them (some exemptions exist but are uncommon).
  • Sponsor must be an eligible Australian citizen, permanent resident, or eligible New Zealand citizen and must provide an undertaking to marry and support the applicant if required.

What the visa allows and validity

  • Stay in Australia to marry your sponsor and apply for a Partner visa once married.
  • Typical visa validity gives you between 9 and 15 months from grant to marry and stay in Australia.
  • It does not itself lead automatically to permanent residence — you must lodge a Partner visa application after marriage to seek permanent residency.

Documents and evidence commonly required

  • Passport and identity documents.
  • Proof of genuine relationship and intention to marry (engagement photos, communications, travel).
  • Evidence you and sponsor meet age and sponsor eligibility.
  • Police clearances and health checks as requested.
  • Any evidence of previous marriages and the legal termination of those marriages.

Application process and timing

  1. Complete the online application and pay the application fee.
  2. Provide requested documents and biometrics, police checks, and health assessments.
  3. Wait for decision; processing times vary and can be affected by completeness of evidence and departmental priorities.

Processing time estimates and current fees are published and updated by the Department of Home Affairs.

Why Book a Consultation?
A personalized consultation can help determine

  • Whether you currently meet the criteria for any visa
  • What steps you can take to become eligible
  • How to strategically plan your application for visa approval

The Sponsored Parent (Temporary) visa (subclass 870) lets parents of Australian citizens, Australian permanent residents or eligible New Zealand citizens stay in Australia for an extended temporary period (3 or 5 years, with limited renewal options) to reunite with family.

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Who it’s for

  • Applicants: Parents (including step-parents and adoptive parents) of eligible Australian sponsors who want to live in Australia temporarily for caregiving, family connection, or long visits.
  • Sponsors: Must be the child who is an Australian citizen, permanent resident, or eligible New Zealand citizen and meet specific eligibility and financial requirements.

Visa length and renewal

  • Grants either 3 or 5 years on each grant; holders may be able to apply for a further visa later but total time in Australia under subclass 870 is limited to a total of 10 years.

Key eligibility requirements

  • Sponsor requirements: Be an eligible Australian adult child; meet residence and character checks; satisfy financial thresholds and be willing to sign an 870 sponsorship undertaking accepting financial responsibility for the parents.
  • Applicant requirements: Be outside Australia at application and decision time; meet health and character requirements; evidence genuine parent-child relationship; meet any other departmental checks.

Main conditions and obligations

  • Sponsors accept financial responsibility for sponsored parents, including debts to government services if incurred by the visa holder, and may need to meet minimum taxable income or other financial tests set by sponsors’ obligations.
  • Visa holders cannot engage in work; travel and other conditions are specified on grant and must be observed.

Application process and practical steps

  • Sponsor submits a sponsorship application first; once approved, the parent lodges the visa application (online) with required identity, relationship, health and character documents.
  • Start police checks and health assessments early and prepare evidence of the parent–child relationship and sponsor’s financial capacity to avoid delays.

Costs, processing and advice

  • Application fees and processing times vary and are published by the Department of Home Affairs.

Contact us to see if you meet the eligibility criteria and need assistance for the visa application.

Why Book a Consultation?
A personalized consultation can help determine

  • Whether you currently meet the criteria for any visa
  • What steps you can take to become eligible
  • How to strategically plan your application for visa approval

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