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Family Visas

Partner Visa Details 820/801

If you are in a relationship with an Australian Citizen or Australian Permanent Resident or Eligible New Zealand Citizen then you can consider applying for a Partner Visa.

Partner Visa can be applied for onshore or offshore and you will either need to be married or be in a de facto relationship for 12 months.  Couples must supply information to demonstrate the nature of their relationship to show that it is genuine and continuing. This includes financial, social, emotional, household evidence and commitment to each other.

Generally the partner visa is granted a 2 year temporary visa and at the end of the 2 year period, if the relationship is still ongoing a permanent visa is granted. For couples with children or for those who have been in a long term relationship over 3 years, you will be eligible for a permanent visa without waiting for the 2 year period.

Married Couples

Your marriage must be legal under Australian Law. If you were married in a country other than Australia and that marriage is valid in that country, generally it will be recognised as valid under Australian law. In a married relationship, you and your partner must show a mutual commitment to a shared life as husband and wife to the exclusion of all others.

De Facto Couples (including Same-Sex Couples)

De facto relationship generally require you to live together and include heterosexual and same-sex couples for at least 12 months before applying. Couples, who cannot show a 12 months history together can register their relationship with one of the State relationships registers (in QLD, VIC, NSW, ACT and TAS) is exempt from the 12 months requirement to live together prior to applying. Please note that it is also possible to apply on de-facto grounds if one person is still legally married to a third party (e.g. while awaiting a divorce) 

Fiancé or Prospective Marriage Visa

Couples that wish to bring their fiancé to Australia to get married can apply for the Prospective Marriage Visa. Applicants must agree to marry within 9 months of entering Australia and will be granted a 9 month temporary visa for this purpose. You need to apply for the onshore partner visa stated above before this visa expires. The applicant must be at least 18 years old and you must have met your intended spouse in person and know him or her personally. This must be the case even if it is an arranged marriage, you and your sponsor met as children and the marriage was arranged before you turned 18 years of age or you met on the internet (exchanging photographs is not evidence of having met in person).

Onshore or Offshore

Partner visa applications can be lodged in Australia or overseas. The Fiancé visa must be lodged overseas at the Embassy responsible for the applicant’s usual country of residence. 

Limitation on Sponsorship

Sponsor who have sponsored another partner or Sponsor themselves were sponsored for a partner visa is banned from sponsoring another partner within 5 years. In addition, the sponsor is only allowed to sponsor 2 partners in a lifetime and must be 5 years apart on each application. Both of these criteria can be waived in specific circumstances and we have the expertise and experience to seek waivers for these circumstances.  

Benefits of Partner and Fiancé visa 

Stay in Australia with your partner, work in Australia, study in Australia (with full government funding when applied for permanent partner visa) and enrol in Australia’s medical benefits expenses and hospital care scheme, Medicare (when applied for partner visa).

Subclass 300 Details

Fiancé or Prospective Marriage Visa

Couples that wish to bring their fiancé to Australia to get married can apply for the Prospective Marriage Visa. Applicants must agree to marry within 9 months of entering Australia and will be granted a 9 month temporary visa for this purpose. You need to apply for the onshore partner visa stated above before this visa expires. The applicant must be at least 18 years old and you must have met your intended spouse in person and know him or her personally. This must be the case even if it is an arranged marriage, you and your sponsor met as children and the marriage was arranged before you turned 18 years of age or you met on the internet (exchanging photographs is not evidence of having met in person).

Subclass 103/143

Parent visas allow parents to migrate to or stay in Australia permanently to settle with their children who are living in Australia.

The application must be sponsored by a child who must be an Australian citizen, Australian permanent resident or an eligible New Zealand citizen, who is permanently resident and settled in Australia.

To be eligible to apply for a Parent Visa the applicant must meet the Balance of Family test where:

  • At least half of their children living lawfully and permanently in Australia, or
  • More children living lawfully and permanently in Australia than in any other single country overseas

Parent visa is usually applied from overseas unless the applicant meets the definition of ‘aged parent’, an aged parent is a parent who is old enough to be granted an Australian age pension. For men this is currently 65 years of age and for women this is currently between 60 and 65 years of age, depending on their date of birth. Aged parent will usually be entitled to a bridging visa that will allow them to remain in Australia 

There are 2 types of parent visas:

  • Standard Parent Visa
  • Contributory Parent Visa

The main differences between the standard parent visa and the contributory parent visa are the processing time and application costs where standard parent visa is slow but cheap; contributory parent visa is fast but expensive.

The Department is currently advising that standard parent visa applicants can expect to wait approximately 15 years for their application to be finalised; while contributory parent visa applicants can expect their applications to be finalised in between 1 and 2 years. 

The other substantial difference between standard parent visa and contributory parent visa is the cost of applying for the visa. A standard parent visa fees for two parents (main applicant and spouse) is $6,680 compared with $87,530 to a contributory parent visa for two parents (main applicant and spouse). The cost of security bonds for assurances of support, police checks and medical checks will be in addition to the visa application fees.

Subclass 115/835

This visa is for people seeking a permanent visa on the basis of being the ‘remaining relative’ of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

You must be sponsored by your brother, sister, parent (or step-equivalent) or their partner, who is settled and usually resident 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 have a commitment by a person or an organisation prepared to provide you with an Assurance of Support. 

Under Australia’s family reunion migration program, remaining relative visa applications have a lower processing priority so you will expect a substantial wait before your application is finalised. 

If you are currently in Australia and your last visa does not prevent you from apply for further Australian visa onshore then you can apply for remaining visa while in Australia and be granted a bridging visa for you to stay during the processing of your remaining relative visa.