Family & Partner Visas to AUSTRALIA
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What is the family and partner visa program in Australia?
Family and Partner visas allow for eligible family members of Australian Citizens, Permanent Residents and/or eligible New Zealand Citizens to be sponsored to enter and reside in Australia temporarily or permanently.
Our expert migration lawyers are experienced in dealing with all visas under the family visa program, including partner visas, parent visas and child visas.
Currently the family visa program consists of the following visa subclasses:
- Adoption Visa (subclass 102)
- Aged Dependent Relative Visa subclass 114
- Aged Dependent Relative Visa subclass 838
- Aged Parent Visa (subclass 804)
- Carer visa (subclass 836)
- Carer visa (subclass 116)
- Child visa (subclass 101)
- Child visa (subclass 802)
- Contributory Aged Parent (Temporary) visa (subclass 884)
- Contributory Aged Parent visa (subclass 864)
- Contributory Parent (Temporary) visa (subclass 173)
- Contributory Parent visa (subclass 143)
- Dependent Child visa (subclass 445)
- New Zealand Citizen Family Relationship (temporary) visa (subclass 461)
- Orphan Relative (subclass 117)
- Orphan Relative (subclass 837)
- Parent visa (subclass 103)
- Partner (Provisional and Migrant) visa (subclass 309 100)
- Partner visa (subclass 820 801)
- Prospective Marriage visa (subclass 300)
- Remaining Relative visa (subclass 115)
- Remaining Relative visa (subclass 835)
- Sponsored Parent (Temporary) visa (subclass 870)
We can offer you accurate and honest advice to assist you in understanding the family visa program and support you in preparing and lodging any visa application under the program.
Partner Visa
There are two types of partner visas that you may be able to apply for depending on your circumstances:
- Offshore Partner visa (subclass 309/100)
- Onshore Partner visa (subclass 820/801)
Both types of visas allow you to live in Australia with your partner/spouse, and for you to work, study and travel without restriction.
It is a two stage process where initially you will be granted a temporary visa, and then after a two-year waiting period you may be eligible for permanent residency visa.
Although the requirements for each partner visa type differ, the key requirements are as follows:
- You and your spouse/partner must be over the age of 18 (limited exemptions apply);
- You and your spouse/partner must be in a married or de facto relationship;
- You and your spouse/partner must be in a genuine and continuing mutually exclusive relationship;
- You and your spouse/partner must either live together, or live apart on a temporary basis only; and,
- You must meet the health and character requirements.
For more information and eligibility assessments in relation to Partner visas, contact one of our immigration lawyers for a free 30 minute consultation on 1300 088 440.
Prospective Marriage Visa
The Prospective Marriage Visa is a temporary visa that allows you to come to Australia to get married to your fiancé. It is between 9 to 15 months in duration and once you are married, you are then eligible to apply for a subclass 820/801 Partner visa to allow you to remain in Australia with your partner/spouse.
The key requirements are as follows:
- You and your fiancé must be over the age of 18 (limited exemptions apply);
- You and your fiancé must have met each other at least once since turning 18;
- You and your fiancé must be engaged to be married;
- You and your spouse/partner must be in a genuine and continuing mutually exclusive relationship;
- You and your spouse/partner must have an intention to live together as a married couple; and,
- You must meet the health and character requirements.
For more information and eligibility assessments in relation to Prospective Marriage visas, contact one of our immigration lawyers for a free 30 minute consultation on 1300 088 440.
Parent Visa
There are five types of Parent visas that you may be able to apply for depending on your circumstances:
- Sponsored Parent visa (subclass 870)
- Aged Parent visa (subclass 804)
- Parent Visa (subclass 103)
- Contributory Parent Visa (subclass 173/143)
- Contributory Aged Parent Visa (subclass 884/864)
All five types of Parent visas allow the parent of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to enter and reside in Australia temporarily or permanently.
Although the requirements for each Parent visa type differ, the key requirements are as follows:
- You must be parent of an Australian citizen, Australian permanent resident or eligible New Zealand citizen;
- You have to meet the balance of family test (does not apply to subclass 870 visa), this requires that at least half of your children reside in Australia, or that more of your children reside in Australia than in any other single country;
- You must have paid back any debt to the Australian government; and,
- You must meet health and character requirements.
For more information and eligibility assessments in relation to Parent visas, contact one of our immigration lawyers for a free 30 minute consultation on 1300 088 440.
Child Visa
There are three types of Child visas that you may be able to apply for depending on your circumstances:
- visa (subclass 101)
- visa (subclass 445)
- visa (subclass 802)
All three types of Child visas allow the child, stepchild or adopted child of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to enter and reside in Australia temporarily or permanently.
The key requirements are as follows:
- You must be biological child, adoptive child or stepchild of an Australian citizen, Australian permanent resident or eligible New Zealand citizen (or a partner visa hold for the subclass 445).
- You must have no partner.
- You must be either under 18 or a full-time student between 18-25 or over 18 with a disability; and,
- You must meet the health and character requirements.
For more information and eligibility assessments in relation to Parent visas, contact one of our immigration lawyers for a free 30 minute consultation on 1300 088 440.
New Zealand Relative Visa
The New Zealand Relative visa is a temporary visa that allows non-New Zealand citizens to travel to and live in Australia with a New Zealand citizen family member for up to five years.
The key requirements are as follows:
- You must be a non-New Zealand citizen who is either the spouse or dependent child of a New Zeeland citizen;
- Your New Zealand citizen family member must be either be in Australia as the holder of a subclass 444 Special Category visa OR outside Australia, and travelling with you to Australia, where they will be granted a subclass 444 visa; and,
- You must meet the health and character requirements.
For more information and eligibility assessments in relation to New Zealand Relative visas, contact one of our immigration lawyers for a free 30 minute consultation on 1300 088 440.