Family Migration visas in Australia
Family Visa options in Australia including Partner Visa, Parent Visa, and Child Visa
Join your family in Australia. Learn the Australian immigration process for relatives, whether you’re an Australian citizen or looking to immigrate. From partner visas to family sponsorship, there are many ways to immigrate to Australia
Australian citizens, Australian permanent residents, citizens and eligible New Zealand citizens are able to sponsor their married and de-facto partners through the Partner visa and fiancés who are outside Australia through the Prospective Marriage visa.
Partner Migration (Types of visas)
Partner category migration applies to:
- Prospective Marriage – People intending to get married (fiancé) by bringing your fiancé for the purpose of marriage
- Married partners (including same sex partners), or
- De-facto partners (including same sex partners
There are two types of partner visas
- Prospective Marriage visa (Subclass 300)
- Partner visa – onshore (Subclass 820 and 801)
- Partner visa – offshore (Subclass 309 and 100)
The type of visa a person should apply for depends on the type of relationship. The applicants must:
- Have a mutual commitment to a shared life together, to the exclusion of all others
- Have a genuine and continuing relationship
- Live together or not live separately and apart on a permanent basis
Prospective Marriage visa
Prospective Marriage visa applicants are granted temporary visa with 9 months validity to marry the fiancé either in or outside Australia. After marriage, the applicant can apply for Partner visa process for permanent stay in Australia.
This visa does not apply to same sex couples.
Advantages of Prospective Marriage visa
- enter Australia before marriage
- travel to and from Australia
- work and study in Australia
Partner visas are granted in a two-stage process with a provisional visa being granted initially and the permanent visa being considered 2 years after the initial application. However, the applicant is required to submit one application form and pay visa application charge once only.
Applications can be made while the applicant is in Australia (Subclass 820 & 801) or from overseas when the applicant is overseas at the time of application (Subclass 309 & 100).
Applicants must show evidence supporting the existence of relationship with their partner.
Dependent family members can be included in the main applicant’s Partner visa application depending on the location of the applicant and family member at the time of application and whether the visa applicant has been granted the provisional Partner visa (the first stage).
How to successfully apply for this visa?
In order to successfully apply for this visa, you will need to meet a number of following key requirements:
- Be sponsored by a person (fiancé, partner, or in some circumstances, a parent or guardian of partner) who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen and who can satisfy the legal requirements for being a sponsor.
- Meet health and character criteria.
- Married visa applicants must also show that their marriage is valid under Australian law.
- De-facto visa applicants must show that they are not related by family, and that their relationship has existed for at least 12 months immediately before lodging the application unless the applicant establishes compelling and compassionate circumstances for the grant of the visa.
- Not have had a partner visa refused since they last entered Australia.
- Not have had a visa refused or cancelled on character grounds
Benefits of Provisional Partner Visa
- remain in Australia until your permanent Partner visa is granted
- work and study in Australia
- enroll in Medicare
Benefits of Permanent Partner visa
- stay in Australia indefinitely
- work and study in Australia
- apply for Australian citizenship (when eligible)
- sponsor eligible relatives for permanent residence
- receive some social security payments.
Parent Visas are for parents of permanent residents or Australian citizens who wish to migrate to Australia to be with their children. If you are seeking assistance in these visa categories, with us today. To be deemed ‘settled’, an Australian permanent resident must have been residing in Australia for at least 2 years prior to lodgement…
Parent Visa Categories
Permanent Parent Visa Categories
- Contributory Parent: Class CA (Contributory Parent–Migrant) (Subclass 143)
- Contributory Aged Parent: Class DG (Contributory Aged Parent–Residence) (Subclass 864)
- Parent: Class AX (Parent–Migrant (Subclass 103)
- Aged Parent: Class BP (Aged Parent–Residence) (Subclass 804)
Temporary Parent Visa Categories
- Contributory Parent (Temporary): Class UT (Contributory Parent–Temporary) (Subclass 173)
- Contributory Aged Parent (Temporary): Class UU (Contributory Aged Parent–Temporary) (Subclass 884)
- Sponsored Parent (Temporary): (Subclass 870)
Different visas allow applications to be made while parents are either onshore or offshore.
Common criteria for all Parent Visa subclasses
- Meet the Balance of Family Test
- Sponsored by an eligible sponsor who must be: either the applicant’s child or the spouse of the applicant’s child over 18 years of age
- If the parent is in Australia at the time of application they may be prevented from applying for a Parent Visa if they do not hold a substantive Visa, which is any Visa other than a:
- Bridging Visa
- A criminal justice Visa
- An enforcement Visa
- Hold a sponsored visitor Visa
- Have had a Visa cancelled or refused since they last arrived in Australia.
- Last Visa was granted on the condition that they would not be granted a substantive Visa while in Australia
- Are in immigration detention
- Have previously applied for a protection Visa
- Obtain an Assurance of Support (AoS)
- Lodge a Security Bond
- Pass Health Test
Child visa is for natural, adopted or stepchild to live with their parents in Australia. The visa application must be sponsored by a parent who must be an Australian citizen, holder of a permanent visa or eligible New Zealand citizen. Children born outside Australia to parents who are permanent residents do not automatically acquire Australian citizenship. Therefore, children born outside Australia to permanent…
Child Visa Categories
There are three broad categories of child visas:
- A child visa for a dependent child of an Australian sponsor
- An adoption visa for a child adopted outside Australia by an Australian sponsor
- An orphan relative visa for a child who is under 18 years of age at the time of application and who cannot be cared for by either parent
Orphan Relative Category (Subclass 117, 837)
For children or stepchildren overseas under 18 years of age who have a parent who is an Australian citizen or Australian permanent resident or eligible New Zealand citizen to care for them.
Adoption Category (Subclass 102)
For children under 18 years of age who have been adopted or are in the process of being adopted by their sponsor.
The adoption must be supported by a state or territory adoption authority unless the adoptive parent has been resident overseas for a period of at least 12 months at the time of the migration application, and they can demonstrate their residence overseas was not contrived to deliberately bypass the requirements concerning entry of adopted children.
Dependent Child (Temporary) (Subclass 445)
For children whose parent holds a temporary partner visa and is in the process of obtaining a permanent partner visa, to travel to or remain in Australia for the same period as their parent. Once this visa has been granted, the child can apply to be added to their parent’s Permanent Partner Visa application.
Child (Permanent) visa (Subclass 101)
Subclass 101 Visa is for offshore children from overseas when the application is made.
Child (Permanent) visa (Subclass 802)
Subclass 802 Visa is for onshore children from overseas when the application is made.
Different visas allow applications to be made while child is either onshore or offshore.
Common eligibility fro all Child Visa applications
To successfully apply for a child visa, the child:
- Must be single
- Must be younger than 18 years old, or a full-time student aged 18 to 25, or over 18 and unable to work due to a disability
- Financially dependent on their parent
- Meet health and character requirement
Please note that visa specific criteria will also apply depending upon the option chosen.
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