Partner, Spouse & Family Visa
Australian Relatives Migration
All Partner And Spouse Visas
Prospective Marriage Visa (Provisional) Subclass 300
The Prospective marriage visa is also known as fiancé visa, which allows people to come to Australia to marry their prospective spouse within 9 months validity period.
The requirement for prospective marriage visa (subclass 300) requires that your fiancé must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. This visa must be applied for offshore.
This visa a temporary visa and is the first step in applying for permanent residency in Australia. Your visa application must be lodged offshore and you will need to be outside of Australia when your is granted.To be eligible for this visa, you must:
- intend to marry y our prospective spouse
- have met and know your prospective spouse
- be at least 18 years of age
- You and your fiancé must meet a set of relationship criteria:
- you personally know and have met each other physically since turning 18
- Not related
- Are engaged to marry each other
- Intend to, and will marry each other within the visa’s nine month validity period
- Intend to live in a genuine spousal relation as husband and wife
- Not married to anyone else at the time a decision regarding your visa application is made
- Meet Australian health and character requirements
- Have no outstanding debts to the Australian Government
A sponsor must:
- Be an Australian citizen, Australian permanent resident or eligible New Zealand citizen
- Be 18 years old or older
- meet character requirement
If you are under 18 and you are married to the applicant, your parent or guardian might be able to sponsor your partner if they are an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
Australian permanent resident or eligible New Zealand citizen sponsor must usually live in Australia. If a New Zealand citizen is not eligible to be a sponsor, consider a New Zealand citizen Family Relationship visa (subclass 461)Sponsor Obligations
AS a sponsor, you accept responsivity for:- money that your prospective spouse owes the Australian government
- your prospective spouse obligations to their employment in Australia
- your prospective spouse compliance with the conditions of their visa
This visa allows a non-New Zealand family member of a New Zealand citizen to live and work in Australia for up to five years.
This visa is for de fact, spouses and children of a New Zealand citizen who wish to live and work in Australia, because it provides applications that have full work and travel rights for up to five years and is renewable upon its expiration.
Eligibility
To qualify for this visa, you must:- not be a New Zealand citizen
- be an eligible family member of a New Zealand citizen
- be an eligible family member of someone living in Australia on a Special Category visa (subclass 444) or be travelling to Australia with a family member who will be granted a Special Category visa (subclass 444) on arrival
- you and all your family members included on your application meet the certain health and character requirements
- have your own health insurance, as you will not be covered by Australia’s national health scheme (Medicare) unless your country has a reciprocal health care agreement with Australia
- have no outstanding debts to the Australian Government
- their partner
- their child/step-child or their partner’s child/step-child
- the dependent child of you or your partner’s child/step-child
Partner visa –subclasses 820/801 and 100 309
The Partner visas (subclass 820 and 801) allow the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia.
As a part of two-stage process, successful applicants are initially granted a Provisional 820 or 309 visa (depending on their location) and are reassessed two years later for the Permanent 810 or 100 visa. Both visas are applied for in the same application, however, in certain circumstances, you may be eligible to apply under the Permanent subclass.
Subclass 820
The temporary Partner visa (subclass 820) is granted first and lets you stay in Australia while the permanent Partner visa (subclass 801) is processed. In order to apply for an 820 visa, you must be in Australia when you are applying for this visa. If you are outside Australia, you may be able to apply for the Partner Visa Subclass 309 visa which has similar requirements to the onshore visas described hereEligibility
To qualify for this visa, you must be married or in a de facto relationship with:- an Australian citizen
- an eligible New Zealand citizen
Your marriage must be valid under Australia law. This means you must have parental permission if you are 16 or 17 years of age. If you were married outside of Australia, and your marriage is valid in that country, it will usually be considered legal under Australian law. Non-recognised marriages in Australia would include same-sex marriages, underage or polygamous marriages.
If you are in a de facto relationship you must demonstrate that your de facto relationship has existed for at least 12 months before applying for the visa.
You must have been in a de facto relationship for at least 12 months
Note: Same-sex couples can apply under this subclass and use the same criteria
If you are in either a marital or de facto relationship, you must show a mutual commitment to a shared life as husband and wife ( or as de facto partners), to the exclusion of all others:
- You and your partner must be living together or, if not, any separation of living arrangements must only be temporary;
- You must have a genuine and continuing relationship with your partner; and
- You must comply with certain health and character requirements
Second stage of the Partner visa process
Once you have secured your 820 or 309 visas, you will then be able to apply for your permanent 801 or 100 visa. When applying for your permanent visa, you must continue to be a spousal or de facto relationship, unless you are subjected to special circumstances, which resulted in your relationship ending. In addition to this, you must have complied with all Australian laws while were on your temporary visa.Other requirements for a Spouse Visa-Onshore and Offshore
You must be sponsored by an eligible sponsor. An eligible sponsor is an Australian citizen or permanent resident, or an eligible New Zealand citizen, who undertakes sponsorship obligations. Usually, the sponsor is your partner and is over 18 years old.
You and your partner must show a mutual commitment to a shared life as husband and wife to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner.
Sponsor
You must have a sponsor, who will be your partner, except if your partner is under 18 years of age.Your sponsor must:
- be an Australian citizen, Australian permanent resident or eligible New Zealand citizen
- be 18 years old or older
- not have a relevant offence and a significant criminal record
If your partner in Australia is under 18 and you are married to them, your partner’s parent or guardian might be able to sponsor you if they are an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
Australian permanent resident or eligible New Zealand citizen sponsors must usually live in Australia.
Eligible New Zealand citizen sponsors might also need to have a health check.
Sponsor Obligations
For two years after your partner is granted their Partner visa (subclass 820), you must help them and their children by providing:- accommodation
- financial assistance, including English language courses, if needed
- other support such as child care, if needed
General information
The Australian Family migration streams offers a range of visas for eligible Australian relatives to chose from. These include; provisional and aged parents visas, remaining relatives visas, aged dependant relatives visa, contributory parent and aged parent visas, and child visas.
Each of the visas listed above provide applicants with the opportunity to be reunited with their international family members, provided they are a close family relative who meets the eligibility criteria sponsors them.
Parent visas – Subclass 103
This visa allows parents of a settled Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia permanently.
There can be long waiting times of up to 30 years for this visa.Eligibility
To be qualified and gain permanent residency through the 103 visa, you will need to meet the following requirements:
- have eligible sponsor who is willing to provide support for at least two years
- be eligible to obtain a two year Assurance Support- a legal document that assures the Australian Government that you will not rely on the government for two years, after you enter Australia on the visa
- meet the health and character requirements
- meet the balance-of-family test by having:
- at least half of your children residing permanently in Australia; or
- the majority of your children residing permanently in Australia.
You must meet the balance –of-family test. This means that:
- At least half of your live permanently in Australia
- More of your children live permanently in Australia than in any other country.
Sponsor
This visa parent subclass 103 is a sponsorship-based visa, which means that applicants must be sponsored by their child, or spouse of one of their children. It is preferred that your sponsor is above the age of 18 and is a settled Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen, however, there are circumstances where a child under the age of 18 can be applicant’s sponsor.
Other Option for SponsorshipThe government also allows community organisations to sponsor the applicant’s application if:
- Your child and the organisation has a relationship
- The senior representative of the organisation agrees to sponsor you
- The organisation is lawfully established in Australia
- The organisation has been operating in Australia for at least one year
Child visa – Subclass 101
For children who have a parent who is an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen, are able to live in Australia permanently on a Child Visa subclass 101 or 801.
Each of these visas are the same, they allow a child of an eligible parent sponsor to live in Australia indefinitely. The only difference is the location of the applicant when the application was lodged and decided on-101 visa is for offshore applicants and 802 are for onshore.
Eligibility
To qualify for either a 101 or 802 visa, you must meet the following criteria:- Have an eligible single sponsor
- Be single
- Meet certain health requirements, and if over the age of 1 6, meet certain character requirements.
Child’s relationship with the Sponsor
The child must be the biological child or adopted child of the sponsoring parent; a step child who has not turned 18 of a step-parent who is no longer the partner of the child’s parent but has a legal responsibility to care for the child.
An adopted child must have been adopted before their parent became an Australian citizen or the holder of an Australian permanent resident visa or an eligible New Zealand citizen.
Best interests of the Child
This visa will not usually be granted if it is against the best interests of a child younger than 18 years of age.
Sponsorship
Contrary to other parent visas, applicants can only be sponsored by an eligible parent. To be considered an eligible parent, they must be the parent (or their partner), or step-parent of the child, be over the age of 18, and be a settled Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.
The Department also allows step-parents who are no longer the partner of the child’s parent, but have a legal responsibility to the care of the child who is under 18 to become a sponsor of the child. Additionally, adoptive parents who adopted the child before they became an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, are also permitted to become a sponsor of the child.Aged Dependant Relative visa – Subclass 114/839
If one of your near relatives are residing in Australia permanently and are old enough to receive the Australian aged pension, you may be able to apply for an Aged Remaining Relative Visa. This visa is for someone older people to migrate to Australia if they rely on an eligible relative in Australia to provide financial support.
Eligibility:
To qualify for this visa you must be sponsored by a relative or their partner who lives in Australia; do not have a spouse or de facto partner; meet the dependency requirements; meet the age requirements; have someone who will provide an assurance of support; and meet health and character requirements.
Each of these visas are similar terms of that they both enable a person whose only near relative are living in Australia to live in Australia indefinitely. The only difference is the location of the applicant when the application was lodged and decided on -114 visas is for offshore applicants and 838 is for onshore.
These visas are sponsorship based and are designed for single, older applicants, who are dependant upon a relative living in Australia to provide them with financial support and care.
Please note that you should not apply for this visa unless you strongly believe you are likely to be successful, because the visa application charge will not usually be refunded if your application is refused or withdrawn.
Your Sponsor in Australia
You must be sponsored by the relative on whom you are financially dependent; and who has provided this support for at least the three years before you lodge your application. Their partner can also be your sponsor.
Your sponsoring relative or their partner must be:- 18 years of age or older
- settled in Australia as:
- an Australian citizen
- an Australian permanent resident
- an eligible New Zealand citizen
Contributory Parent (permanent) visa subclass 143
This visa allows parents of a settled Australian citizen, permanent resident or eligible New Zealand citizen live in Australia permanently.
Please note that you can apply for Contributory Parent (Temporary) visa (subclass 173) before this visa. Applying for the temporary visa and then this permanent visa costs more but the costs are spread across the two visas over a longer period of time.
You could also apply for a Parent visa (subclass 103). The subclass 103 visa costs less than visa subclass 143, but there can be long waiting times of up to 30 years.
There are circumstances in which the Government also allows community organisations to sponsor an applicant of visa subclass 143 provided:- They child and the organisation has a relationship
- The senior representative of the organisation agrees wot sponsor the applicant
- The organisation is lawfully established in Australia (e.g. Access Community Services)
- The organisation has been operating in Australia for at least one year
- The organisation is financially stable
Eligibility
To qualify for Contributory Parent visa subclass 143, you must be the parent of a child who is settled in Australia and is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
It is a requirement to get sponsored by an eligible sponsor. Generally, your child will sponsor you. If your child is under 18 years of age you may also be sponsored by your child’s spouse, a close family relative or guardian of your child, a close family relative or guardian of your child’s spouse or a community organisation.
You must have a commitment by a person prepared to provide you with an Assurance of Support.Contributory Parent (Temporary) visa – subclass 173
This visa allows parents of a settled Australian citizen, permanent resident or eligible New Zealand citizen live in Australia temporarily
If you are granted this visa and want to stay in Australia permanently, you can then apply for a Contributory Parent visa (subclass 143).
Applying for this temporary subclass 173 visa before the permanent subclass 143 visa allows you spread the costs of your migration over a number of years.
Eligibility
You must have a child who is an Australian citizen, permanent or an eligible New Zealand citizen.
At least half of your children must live in Australia or more of your children live in Australia than any other country. You must also meet the health and character requirements.
Sponsor
You must be sponsored generally by your child who must be 18 years old or older; a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen.
The Government also allows community organisations to sponsor your application provided:
- Your child and the organisation has a relationship
- The senior representative of the organisation agrees to sponsor you
- The organisation is lawfully established in Australia
- The organisation has been operating in Australia for at least one year
- The organisation is financially stable
Australian Aged Parent (Permanent) visa – subclass 804
This visa allows parents of a settled Australian citizen permanent resident or eligible New Zealand citizen live in Australia permanently.
There can be long waiting times of up to 30 years for this visa.
Eligibility
You must:- Have a child who is an Australian citizen, permanent resident or eligible New Zealand citizen
- Be old enough to receive the Australian aged pension
- At least half of your children must live in Australia or more of your children live in Australia than any other country.
- Meet the health and character requirements
Sponsor
Applicants must be sponsored their child, or spouse of one of their children. It is preferred that your sponsor is above the age of 18 and is a settled Australian citizen, an Australia permanent resident, or an eligible New Zealand citizen. Nevertheless, there are circumstances where a child under the age of 18 can be your sponsor.
The Government also allows community organisations to sponsor your application provided:- Your child and the organisation has a relationship
- The senior representative of the organisation agrees to sponsor you
- The organisation is lawfully established in Australia
- The organisation has been operating in Australia for a at least one year
- The organisation is financially stable.
Balance-of-family test
You must meet the balance-of-family test. This means that at least half of your children live permanently in Australia or more of your children live permanently in Australia than in any one other country.Contributory Parent (Temporary) visa – subclass 173
This visa allows parents of a settled Australian citizen, permanent resident or eligible New Zealand citizen live in Australia permanently. You could apply for the Contributory Aged Parent (Temporary) visa (subclass 884) before this visa.
Applying for the temporary visa and then this permanent visa costs more but the costs are spread across the two visas over a longer period of time.
You could also apply for an Aged Parent visa (subclass 804). The subclass 804 visa costs less than this visa but there can be long waiting times of up to 30 years.
Eligibility
- have a child who is an Australian citizen, permanent resident or an eligible New Zealand citizen
- be old enough to receive the Australian aged pension
Additional Eligibility- If you do not hold a Contributory Aged Parent (Temporary) visa (subclass 884)
- You currently hold a Contributory Aged Parent (Temporary) visa (subclass)
- Your Contributory Aged Parent (Temporary) visa (subclass 884) ended in the 28 days immediately before you apply for this visa.
- Your subclass 884 visas ended more than 28 days before you apply for this visa but you can show compassionate and compelling reasons to be considered to still hold the visa.
You must meet the balance-of-family test. This means that you at least half of your children live permanently in Australia or more of your children live permanently in Australia than in any one other country.
SponsorYou must be sponsored. Generally, this will be your child who must be:
- 18 years old or older
- a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen
A sponsor can sponsor more than one parent for this visa and the sponsors must meet the financial and other responsibilities.
The Government also allows community organisations to sponsor your application if:- Your child and the organisation has a relationship
- The senior representative of the organisation agrees to sponsor you
- The organisation is lawfully established in Australia
- The organisation has been operating in Australia for at least one year
- The organisation is financially stable
Contributory Aged Parent (Temporary) visa – subclass 884
This visa allows parents of a settled Australian citizen, permanent resident or eligible New Zealand citizen live in Australia temporarily.
If you are granted this visa and want to stay in Australia permanently, you can then apply for a Contributory Aged Parent visa (subclass 864).
Applying for this temporary subclass 884 visa before the permanent subclass 864 visa allows you spread the costs of your migration over a number of years.
The visa subclass 884 has a shorter processing time and no Assurance of Support is imperative.
If you are granted this visa, you may be able to apply for the Contributory Aged Parent visa (Permanent) Subclass 864 if you meet the relevant criteria.
Eligibility
You must:- Have a child who is an Australian citizen, permanent resident or an eligible New Zealand citizen
- Be old enough to receive the Australian aged pension
- Meet the health and character requirement
At least half of your children must live in Australia or more of your children live in Australian than any other country.
Sponsor
You must be sponsored by your child who must be 18 years old or older or a settled Australian citizen, Australian permanent r eligible New Zealand citizen.
The Government further permits community organisations to sponsor your application if:- Your child and the organisation has a relationship
- The senior representative of the organisation agrees to sponsor you
- The organisation is lawfully established in Australia
- The organisation has been operating in Australia for at least one year
- The organisation is financially stable
Balance-of-family test
You must meet the balance-of-family test. This can be 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.
