Family and Partner Visas

Family Sponsored Visa

The Australian immigration department has introduced family visas to bring family members together. These visas allow partners, parents, children, and other family members to migrate to Australia, provided they meet certain conditions. These visas are sponsored by Australian citizens, permanent residents, and eligible New Zealand citizens.

Partner Category Visa

This visa category allows spouses or fiancés to immigrate to Australia for settlement. Initially, applicants receive temporary residency, which can be converted to permanent residency after a few years. The partner category includes:

  • Spouses or married partners
  • Fiancés or partners intending to marry
  • De facto partners, including same-sex partners

Applicants must have a partner who is:

  1. A permanent resident of Australia
  2. An Australian citizen
  3. An eligible New Zealand citizen

Parent Visa

Parent visas are available for parents whose children are Australian citizens, permanent residents, or eligible New Zealand citizens. These visas are sponsored by the children residing in Australia.

There are parent visas for both working and aged parents. Some parent visas initially provide temporary residency, which can be converted to permanent residency. The “Contributory Parent Visa” offers faster processing at a higher cost. Note that a limited number of parent visas are issued each year, leading to a queue of applications.

Child Visa

Similar to the parent visa, the child visa has several subclasses. Generally, a child visa is sponsored by a parent who is an Australian citizen, permanent resident, or eligible New Zealand citizen.

If the child is in Australia, they can apply as a permanent resident, dependent child, or orphaned relative. If the child is offshore, they can apply for a dependent child visa, adoption visa, or orphaned relative visa.

Other Family Members

Brothers, sisters, dependent relatives, and carers can initially immigrate to Australia on a temporary visa, which can later be converted to a permanent visa. These visas are sponsored by:

  1. Australian citizens
  2. Permanent residents of Australia
  3. Eligible New Zealand citizens

We are meticulous in assessing family visa applications to Australia. Each application is thoroughly checked and submitted with proper documentation. Essential documents include health conformity reports and character certificates.

Australia Partner Visa

The Partner Visa allows married partners (opposite-sex spouses) and de facto partners (including same-sex relationships) of Australian citizens, permanent residents, and eligible New Zealand citizens to enter and stay permanently in Australia. We assist with the entire process through thorough assessment, consultation, and accurate visa application.

Types of Partner Visas

Partner visas are broadly divided into two categories: Prospective Marriage Visa and Partner Visa. The type of visa you apply for depends on your relationship.

  • Intended marriage (fiancé): Prospective Marriage Visa
  • Married (de jure) relationship: Partner Visa
  • De facto partner relationship (including same-sex relationships): Partner Visa

Subclass Partner Visas

There are two types: temporary and permanent. Initially, partners meeting the legal criteria receive a temporary visa. Later, they may receive a permanent visa following an eligibility period or if there is a long-standing relationship or children.

The Partner category also allows the temporary entry of fiancés (intended spouses) of Australian citizens, permanent residents, and eligible New Zealand citizens. However, being a partner or fiancé of an Australian citizen, permanent resident, or eligible New Zealand citizen does not automatically grant permanent residence. You must apply for a permanent visa and meet the legal criteria.

Application Based on Location

  • In Australia: Eligible for Partner Temporary Visa (Subclass 820) and Permanent Visa (Subclass 801). You can stay with your partner, who must be an Australian citizen, permanent resident, or eligible New Zealand citizen. If the relationship remains genuine after two years, you can be granted a permanent visa.
  • Outside Australia: Eligible for Partner Temporary Visa (Subclass 309) and Permanent Visa (Subclass 100). You can enter and stay in Australia with your partner. A genuine relationship for two years after the visa application can grant you a permanent visa.

Prospective Marriage Visa (Subclass 300)

This visa is for those who want to enter Australia before marriage. Your fiancé must be an Australian citizen, permanent resident, or eligible New Zealand citizen. Once married, you can apply for a Partner Visa to remain permanently in Australia.

General Terms and Conditions

To be eligible for a Partner Visa, you must:

  1. Be sponsored by an Australian citizen, permanent resident, or eligible New Zealand citizen who meets the legal requirements.
  2. Meet health and character criteria.
  3. If you have dependent children or other family members, they may apply with you if they meet certain requirements.

Expansion of Partner Visa Eligibility

From September 14, 2009, individuals whose visas have been refused or canceled (under section 48 of the Migration Act 1958) may still be eligible to apply for a Partner Visa in Australia if they meet certain criteria:

  1. Not have had a partner visa refused since last entering Australia.
  2. Not have had a visa refused or canceled on character grounds under section 501 of the Act.
  3. Provide a Form 40SP Sponsorship for a partner to migrate to Australia, completed by an eligible sponsor.
  4. Provide two statutory declarations from Australian citizens, permanent residents, or eligible New Zealand citizens (other than your partner) supporting the existence of your relationship. These must be made within six weeks before the Partner Visa application.

These are the basic requirements for lodging an application. Your application will be assessed against legislative requirements similar to all other Partner Visa applicants in Australia.