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FAMILY VISAS

Family, Partner and Spouse Visas

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.

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You can include the following people in your visa application:

  • your dependent children; and/or

  • other dependent relatives.

 

The applicant and any dependent 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.

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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.

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

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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.

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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 dependent 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.

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

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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.

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

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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).

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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 dependent members must satisfy health and character requirements.

 

AGED PARENT VISA – SUBCLASS 804

The visa lets older 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.

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You must be at an age where you are entitled to an aged pension in Australia. To be eligible for Age Pension you must be 65 years of age or older. From 1 July 2017, the qualifying age for Age Pension will increase from 65 years to 65 years and 6 months. The qualifying age will then increase by 6 months every 2 years, reaching 67 years by 1 July 2023

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

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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.

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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).

 

You can lodge the application either in Australian or outside Australia.  If you do not have a nor further stay provision on your visa you can lodge your visa in Australia and will be granted a bridging until the visa is determined.

 

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 dependent members must satisfy health and character requirements.

 

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.

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

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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.

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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.

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

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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 dependent members must satisfy health and character requirements.

 


CONTRIBUTORY AGED PARENT (TEMPORARY) VISA – SUBCLASS 864

The visa lets older 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 must be at an age where you are entitled to an aged pension in Australia. To be eligible for Age Pension you must be 65 years of age or older. From 1 July 2017, the qualifying age for Age Pension will increase from 65 years to 65 years and 6 months. The qualifying age will then increase by 6 months every 2 years, reaching 67 years by 1 July 2023.

 

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

 

Most applicants need to be sponsored by their child.  Their child must provide an assurance of support. Some community organisations can sponsor a parent if the child is under 18 years of age. Your sponsor needs to have lived lawfully in Australia for the two years before the application is lodged.

 

This visa is temporary and cannot be extended or renewed. After the visa is approved, you have two years to apply for a Permanent Contributory Aged Parent visa (subclass 864). In this way, you can spread the costs of the Contributory Aged Parent migration over a number of years.

 

This is a temporary visa that lets you and your family:

 

  • live in Australia for two years

  • work and study in Australia

  • enrol in Medicare, Australia’s scheme for health-related care and expenses.

 

You can be in Australia at the time of lodging your application as long as it does not have a "no further stay" provision.

 

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 dependent 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.

 

This visa is temporary 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.

 

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.

 

Most applicants need to be sponsored by their child.  Their child must provide an assurance of support. Some community organisations can sponsor a parent if the child is under 18 years of age. Your sponsor needs to have lived lawfully in Australia for the two years before the application is lodged.

 

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.

 

You can apply for this visa outside Australia. If you are in Australia, you can only apply if your temporary visa allows you to apply for another visa while you are in Australia. You 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.

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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 dependent members must satisfy health and character requirements.

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