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Australian Visas

Family, Partner and Spouse Visas

Here are a list of all the Family, Partner and Spouse Visas that are available to migrants either onshore and/or offshore. Please see the information below on the specific type of visa you wish to apply for so that we can make your dream a reality by helping you through the Australian visa application process.

Family Visa Partner Visa Spouse Visas Migration Australia Immigration Lawyers Registered Migration Agents Brisbane Sydney Melbourne

Family, Partner and Spouse Visas currently available for application:

Prospective Marriage visa (Fiancé) – Subclass 300

The Subclass 300 temporary Prospective Marriage visa allows you to come to Australia to marry your prospective spouse.

The application has to be made outside Australia and you must be outside Australia when it is granted. It is a temporary visa granted for 9 months to get married. You can get married in any country and you do not have to get married in Australia.

The visa will allow you to:

  • enter Australia before you marry your prospective spouse;
  • travel in and out of Australia as often as you want;
  • work in Australia, although some employers might not hire people with temporary visas;
  • study in Australia, but with no access to government funding for tertiary study; and
  • apply for a Partner visa in Australia, after your marriage.

Your sponsoring spouse must be an Australian citizen, permanent resident or eligible New Zealand citizen. Your partner may not be able to sponsor you if they sponsored another person or had been sponsored within 5 years or if they have sponsored 2 people previously. There are some exemptions for compelling circumstances that our accredited specialist team may be able to help you with.

It is important to note you must have met your prospective spouse and they must be over 18 years of age. This visa does not apply to same sex couples.

You can include the following people in your visa application:

  • your dependent children; and/or
  • other dependent relatives.

The applicant and any dependant members must satisfy health and character requirements.

 

Partner Visa Application made outside Australia – Subclass 309 and 100

The Subclass 309 temporary Partner visa allows you to live in Australia if you are legally married to or are the de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen.

The Partner Visa can also be granted to same sex couples.

The application has to be made outside Australia and you must be outside Australia when it is granted. It is the first stage towards a permanent Partner visa (subclass 100). You lodge only one application for your temporary and permanent visas. Your application is processed in two stages, roughly two years apart from one another.

In some circumstances it can be granted even if the relationship has ended.

Your partner must sponsor you. Your partner may not be able to sponsor you if they sponsored another person or had been sponsored within 5 years or if they have sponsored 2 people previously. There are some exemptions for compelling circumstances.

The Provisional Partner Visa (subclass 309) will allow you to:

  • remain in Australia until a decision is made about your permanent Partner visa;
  • work in Australia;
  • study in Australia, but with no access to government funding; and
  • enrol in Medicare, Australia’s scheme for health-related care and expenses.

Once you obtain the Permanent Partner visa (subclass 100) visa you can:

  • stay in Australia indefinitely;
  • work and study in Australia;
  • apply for Australian citizenship (if you are eligible);
  • sponsor eligible relatives for permanent residence;
  • receive some social security payments;
  • travel to and from Australia for five years from the date the visa is granted – after that time you will need another visa to enter Australia.

You can include the following people in your visa application:

  • your dependent children; and/or
  • other dependent relatives.

The applicant and any dependant members must satisfy health and character requirements.

 

Partner Visa Application made in Australia – Subclass 820 and 801

The Subclass 820 temporary Partner visa allows you to live in Australia if you are legally married to or are the de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen.

The Partner Visa can also be granted to same sex couples.

The application has to be made in Australia and you must be within Australia when the visa is granted.

In some circumstances can be granted even if the relationship has ended.

Your partner must sponsor you. Your partner may not be able to sponsor you if they sponsored another person or had been sponsored within 5 years or if they have sponsored 2 people previously.  There are some exemptions for compelling circumstances.

This visa is the first stage to obtaining a subclass 801 permanent Partner visa (subclass 801).

The temporary Partner Visa (subclass 820) will allow you to:

  • remain in Australia until a decision is made about your permanent Partner visa;
  • work in Australia;
  • study in Australia, but with no access to government funding; and
  • enrol in Medicare, Australia’s scheme for health-related care and expenses.

Your dependent children can be included in your application, but not other dependent relatives unless you hold or held a Prospective Marriage visa.  The dependents must also be in Australia when they apply.

Two years after your subclass 820 is lodged if the relationship still exists you will be invited to apply for your Permanent Partner visa (subclass 801).

The Permanent Partner visa (subclass 801) will allow you to:

  • stay in Australia indefinitely;
  • work and study in Australia;
  • apply for Australian citizenship once you are eligible to do so;
  • sponsor eligible relatives for permanent residence;
  • receive some social security payments; and
  • travel to and from Australia for five years from the date the visa is granted and after that time you will need another visa to enter Australia if you have not become a citizen.

The applicant and any dependant members must satisfy health and character requirements.

 

Aged Parent Visa – Subclass 804

The visa allows older parents to live permanently in Australia if they have a child who is an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia.

The current processing time for this visa is at least 30 years. If the application is made in Australia, you may be able to remain in Australia on a bridging visa during the processing of the visa. FC Lawyers are able to confirm your eligibility to make an application in Australia.

Who is eligible for the Aged Parent Visa?

To be eligible to apply for the Aged Parent visa, you must be at an age where you are entitled to receive an age pension in Australia. This means that you must be 65 years of age or older. It’s important to be aware that the minimum age eligibility for an age pension in Australia may be more than 65 years old depending on when you were born.

You must also meet the balance of family test. You meet this requirement if either:

  • at least half of your children live permanently in Australia or
  • more of your children live permanently in Australia than in any other country.

You must be sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The sponsor needs to have been living lawfully in Australia for at least two years before you apply for this visa. For most applicants, your child or your child’s spouse or de facto partner will need to sponsor you.

You can include the following people in your visa application at the time of lodgement:

  • your partner (married or de facto)
  • your or your partner’s dependent children
  • other dependent relatives.

What will this visa let me do?

Upon grant of the Aged Parent visa, you will be able to live in Australia permanently. It lets you and any family members who have also been granted this visa:

  • stay in Australia indefinitely
  • work and study in Australia
  • enrol in Medicare, Australia’s scheme for health-related care and expenses
  • apply for Australian citizenship (if you are eligible)
  • sponsor eligible relatives for permanent residence
  • travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia).

What is the application process?

You can lodge the application either in Australian or outside Australia. If you do not have a ‘no further stay’ provision on your visa you can lodge your visa in Australia and will be granted a bridging until the visa is determined.

If you would like any assistance to apply for the Aged parent visa – Subclass 804, please contact our team of Registered Migration Agents.

 

Parent Visa – Subclass 103

The visa lets parents live permanently in Australia if they have a child who is an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia.

The current waiting time for this visa is over 30 years.

You must be sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The sponsor needs to have been living lawfully in Australia for at least two years before you apply for this visa. For most applicants, your child or your child’s spouse or de facto partner will need to sponsor you.

If your child is younger than 18 years of age you can be sponsored by:

  • your child’s spouse, if the spouse has turned 18 and is a settled Australian citizen, permanent resident or eligible New Zealand citizen
  • a relative or guardian of your child, if the relative or guardian has turned 18 and is a settled Australian citizen, permanent resident or eligible New Zealand citizen
  • a relative or guardian of your child’s spouse, if the spouse has not turned 18 and is a settled Australian citizen, permanent resident or eligible New Zealand citizen
  • a community organisation.

This is a permanent residence visa. It lets you and any family members who have also been granted this visa:

  • stay in Australia indefinitely
  • work and study in Australia
  • enrol in Medicare, Australia’s scheme for health-related care and expenses
  • apply for Australian citizenship (if you are eligible)
  • sponsor eligible relatives for permanent residence
  • travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia).

All applications for a Contributory Parent visa (subclass 143) are currently processed in Australia. You can be in or outside of Australia at the time of lodging your application.

You can lodge the application either in Australian or outside Australia.  However if you lodge you visa in Australia you will not be granted a bridging visa and must be outside Australia when the visa is granted.

To get this visa you must meet the balance of family test which measures your ties to Australia. You meet this requirement if either:

  • at least half of your children live permanently in Australia
  • more of your children live permanently in Australia than in any other country.

You can include the following people in your visa application at the time of lodgement:

  • your partner (married or de facto)
  • your or your partner’s dependent children
  • other dependent relatives.

The applicant and any dependant members must satisfy health and character requirements.

 

Contributory Parent (Temporary) Visa – Subclass 173

The visa lets parents live in Australia for up to two years if they have a child who is an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia.

You pay more for this visa than a normal parent visa because it significantly reduces the waiting time by the payment of a much larger application fee in the form of a contribution.

It is a temporary visa and cannot be extended or renewed. After arriving in Australia, you have two years to apply for a Contributory Parent visa (subclass 143). In this way, you can spread the costs of the Contributory Parent migration over a number of years.

Who is eligible for the Contributory Parent (Temporary) Visa?

You must meet the balance of family test. You meet this requirement if either:

  • at least half of your children live permanently in Australia or
  • more of your children live permanently in Australia than in any other country.

You must be sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The sponsor needs to have been living lawfully in Australia for at least two years before you apply for this visa. For most applicants, your child or your child’s spouse or de facto partner will need to sponsor you.

You can include the following people in your visa application at the time of lodgement:

  • your partner (married or de facto)
  • your or your partner’s dependent children
  • other dependent relatives.

What will this visa let me do?

This is a temporary visa. After arriving in Australia, you have two years to apply for a Contributory Parent visa (subclass 143). In this way, you can spread the costs of the Contributory Parent migration over a number of years. It lets you and any family members who have also been granted this visa:

  • live in Australia for two years
  • work and study in Australia
  • enrol in Medicare Australia‘s scheme for health-related care and expenses
  • travel to and from Australia for two years from the date the visa is granted.

What is the application process?

You can apply for this visa outside Australia. You can also apply in Australia, but only if your temporary visa allows you to apply for another visa while you are in Australia. You must be outside Australia at the time the visa is granted.

If you would like to apply for the Contributory parent (Temporary) visa – Subclass 173 , please contact our team of Registered Migration Agents.