Australian Family Visas
Whether you are a partner or parent looking to reunite with your loved ones in Australia – you could be eligible for an Australian family visa.
The Australian family migration stream aims to bring immediate and extended family members closer to their relatives living in Australia and is based on a set of criteria set out by the Department of Home Affairs.
The family sponsorship visa applies to anyone who:
- is a fiancé, spouse or de facto partner, including same-sex partner of the Australian sponsor
- has a child/children in Australia who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen
What is the Five-year Sponsored Parent (Temporary) Visa? (Subclass 870)
The Subclass 870 Sponsored Parent (Temporary) Visa gives temporary residency to parents of an eligible Australian Sponsor to stay in Australia for up to five years. This visa does not provide a pathway to permanent residency and holding this visa will not allow you to have working rights in Australia.
In order to be eligible for the 5-year Parent Visitor Visa, a parent must;
- be the biological, adoptive, or step-parent of the Australian Sponsor
- be sponsored by a person who is an approved parent sponsor
- be at least 18 years of age
- be outside Australia (unless invited in writing to apply by the Department), for at least 90 days if the applicant holds or has previously held a Sponsored Parent (Temporary) visa
- not have engaged in payment for visas conduct
- provide evidence of access to funds
- provide evidence of health insurance
- not have an outstanding public health debt (unless appropriate arrangements have been made to repay the debt)
- satisfy health, character, and national security requirements.
A parent only needs one child in Australia to file an application for the Five-year Subclass 870 Visa and only two parents per household can be sponsored for this visa at a time.
The Australian Sponsor must meet the following criteria:
- Must satisfy the sponsor/parent relationship requirements
- be aged at least 18 years of age
- be an Australian citizen/permanent resident or eligible New Zealand citizen who has been usually resident in Australia for four years
- have met any prior sponsorship obligations
- have no adverse information unless it is reasonable to disregard the information
- have no debts to the Commonwealth or public health debts unless appropriate arrangements have been made for payment
- a minimum household income threshold (based on the income of the sponsor, or the combined income of the sponsor and their spouse/partner and/or another child of the parent)
- provide police clearances for any country they have spent more than 12 months cumulatively in during the past 10 years
Note: The Australian Sponsor must be approved before the visa can be filed.
Once a sponsorship application has been approved, a sponsored parent will be able to apply for a Sponsored Parent (Temporary) Visa (Subclass 870). As mentioned above, this visa does not provide a pathway to permanent residency however parents will be able to re-apply only once for a second five-year visa but will have to spend at least 90 days outside Australia between the expiry date of the first visa and the grant of the second visa.
What is the Child Visa? (Subclass 101)
The Subclass 101 Child Visa is a permanent visa which allows a child to migrate to Australia as a permanent resident to live with their eligible parents. The sponsoring parent must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
What can a child do with a Subclass 101 Visa?
With this visa a child can:
- stay in Australia indefinitely
- work and study in Australia
- enroll in Medicare, Australia’s health scheme
- sponsor eligible relatives to come to Australia
- apply for Australian citizenship, if eligible
This visa also allows the applicant to travel to and from Australia as many times as they want for five years.
Subclass 101 Visa Eligibility:
The child must be sponsored by an eligible parent or their parent’s spouse or de facto partner. The sponsoring parent must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
A sponsor must also:
- Be the parent or step-parent to the child
- Be 18 years of age or over
The child must be the child or step-child of the sponsoring parent who must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
A step-child can be included if the step-child is under 18 years of age and the sponsoring step-parent is no longer the partner of the child’s parent but has a legal responsibility to care for the child.
The adopted child must have been adopted before their parent became an Australian citizen, permanent resident or an eligible New Zealand citizen.
The child cannot be or ever have been:
- Married or engaged to be married
- In a de facto relationship
The child must be either:
- Under 18 years old, or
- Over 18 and under 25 years and studying full time, or
- Over 18 years with a disability
The child and any dependents who apply for the visa with them must meet Australia’s health requirement.
If the child is aged 16 years or older, they must meet Australia’s character requirement.
What is a Contributory Parent Visa? (Subclass 143)
The Subclass 143 Contributory Parent Visa lets parents of a settled Australian citizen, an Australian permanent resident or an eligible New Zealand citizen live in Australia permanently for five years.
In order to be eligible for the Subclass 143 Visa, the parent must have;
- a child (18 years or older) who is either an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen
- at least half of your and your partner’s children living in Australia or more of your children living in Australia than any other country.
What does the Subclass 143 Visa allow you to do?
- stay in Australia indefinitely
- work and study in Australia
- enroll in Medicare, Australia’s scheme for health-related care and expenses
- sponsor eligible relatives for permanent residence
- travel to and from Australia for five years
If the visa is granted, the following requirements must be met:
Applicant and family members
You, your accompanying spouse and dependent family members must comply with all Australian laws as permanent residents.
Your sponsor must continue to help you and your accompanying spouse and dependent family members settle in Australia by:
- Financial assistance
The sponsor must comply with the obligation for the first two years of residency in Australia.
If you are granted this visa, you will have a waiting period before you become eligible to receive the most social security payments.
Waiting periods are generally two years for most social security payments and ten years for age pension payments.
You and all family members applying for the visa with you must meet Australia’s health requirements.
You and all your family members apply for the subclass 143 visa with you must meet Australia’s character requirements.
You can include the following family members in your application:
- Your partner
- Your or your partner’s child or step-child.
What is the Partner Visa? (Subclasses 309 and 100)
This visa allows the partner or spouse of an Australian citizen, permanent resident or an eligible New Zealand citizen to live in Australia.
For most applicants, the length of stay is from 15-24 months. Getting the Subclass 309 visa is the first step in obtaining the permanent Subclass 100 visa.
Partner (Provisional) Visa (Subclass 309)
This visa lets the de facto partner or spouse of an Australian citizen, permanent resident or an eligible New Zealand citizen to live in Australia temporarily.
Holding a Subclass 309 visa will allow you to:
- live, work and study in Australia
- travel to and from Australia as many times as you want
- enroll in Medicare, Australia’s health-care scheme.
Subclass 309 Visa Eligibility
You must be the spouse or de facto partner of an:
- Australian citizen,
- Australian permanent resident, or
- An eligible New Zealand citizen
To be a married applicant:
- You and your partner must both be committed to a shared life together,
- Your relationship must be genuine and continuing,
- You must live with your spouse or do not live apart on a permanent basis,
- Your marriage must be valid under Australian law.
De facto partners
To be a de facto partner, you must be in a de facto relationship for at least 12 months.
Both married and de facto relationship partners must be over 18 years or older when they apply.
You and any member of the family unit or dependent child who applies for the visa with you must meet Australia’ health requirement.
You and any family members who apply for the visa with you must meet Australia’s character requirement.
Partner (Permanent) Visa (Subclass 100)
The visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or an eligible New Zealand citizen, live in Australia permanently. It is usually granted to people who hold a temporary Partner Visa (Subclass 309).
Holding a Subclass 100 Visa will allow you to:
- Live, work and study in Australia indefinitely
- Sponsor eligible family members to come to Australia
- Apply for Australian citizenship, if eligible.
- Enrol in Medicare, Australia’s health-scheme
- Travel to and from Australia for 5 years
In order to be eligible for this visa, you must continue to be the spouse or de facto partner of the same person who sponsored you for the temporary Partner Visa (Subclass 309). You must also:
- Be married or in a de facto relationship
- Have a genuine and continuing relationship
- Live together, or not live permanently apart
- Be mutually committed to a shared life excluding other partners
For more Australian Visa information, please click here.