Australian Family And Partner Visas
Australian family and partner visas offer a range of options for those wishing to join their loved ones in Australia. Whether you’re looking to bring a partner, parent, child, or other relatives, understanding each visa’s unique requirements and benefits is essential for a successful application.
Australia offers a range of family and partner visas that are designed to allow family members and partners of Australian citizens, permanent residents, and eligible New Zealand citizens to live in Australia.
Each visa type has specific eligibility requirements, processes, and benefits tailored to different family relationships.
For personalised advice and assistance, Book an appointment with Marion Le Consultancy.
Here is a detailed overview of the various types of Australian Family and Partner Visas:
Adoption Visa - Subclass 102
Purpose: For children adopted outside Australia by an Australian citizen or permanent resident.
Eligibility: The child must be adopted or in the process of being adopted by an Australian citizen, permanent resident, or eligible New Zealand citizen.
Duration: Permanent residency.
Work Rights: Yes, once of working age.
Study Rights: Yes, full study rights.
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Aged Dependent Relative Visa - Subclass 114
Purpose: Allows elderly relatives who rely on an Australian citizen or permanent resident for financial support to live in Australia permanently.
Eligibility: Must be sponsored by an Australian relative and demonstrate financial dependence on the relative for a significant period before the application.
Duration: Permanent residency.
Work Rights: Yes, full work rights.
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Aged Dependent Relative Visa - Subclass 838
Purpose: For elderly relatives who rely on an Australian citizen or permanent resident for financial support and wish to remain in Australia.
Eligibility: Must be sponsored by a relative in Australia and demonstrate ongoing financial dependence on the sponsor.
Duration: Permanent residency.
Work Rights: Yes, full work rights.
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Aged Parent Visa - Subclass 804
Purpose: Permanent visa for aged parents to live in Australia with their children who are Australian citizens or permanent residents.
Eligibility: Must be old enough to receive the age pension in Australia and meet the balance of family test, which requires at least half of the parent’s children to live permanently in Australia.
Duration: Permanent residency (lengthy processing time, often taking many years).
Work Rights: Yes, full work rights.
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Carer Visa - Subclass 116
Purpose: Allows someone to move to Australia to care for a relative with a long-term medical condition.
Eligibility: Must have an eligible relative in Australia who requires substantial care and assistance. The applicant must be able to provide adequate care and be sponsored by the relative.
Duration: Permanent residency.
Work Rights: Yes, full work rights.
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Carer Visa - Subclass 836
Purpose: For carers already in Australia who need to provide ongoing care to an eligible relative with a long-term or permanent medical condition.
Eligibility: Must be in Australia and have an eligible relative who can sponsor them. The relative must have a medical condition that requires care.
Duration: Permanent residency.
Work Rights: Yes, full work rights.
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Child Visa - Subclass 101
Purpose: Allows a child to live with their parents in Australia permanently.
Eligibility: The child must be a dependent of an Australian citizen, permanent resident, or eligible New Zealand citizen. Applications are typically made from outside Australia.
Duration: Permanent residency.
Work Rights: Yes, once of working age.
Study Rights: Yes, full study rights.
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Child Visa - Subclass 802
Purpose: Allows a child in Australia to remain with their parents permanently.
Eligibility: The child must be a dependent of an Australian citizen, permanent resident, or eligible New Zealand citizen. The application can be made in Australia if the child is under 18, a full-time student, or unable to work due to a disability.
Duration: Permanent residency.
Work Rights: Yes, once of working age.
Study Rights: Yes, full study rights.
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Contributory Aged Parent (Temporary) Visa - Subclass 884
Purpose: Allows aged parents of Australian citizens or permanent residents to live in Australia temporarily while waiting for a permanent visa.
Eligibility: Must be sponsored by a child who is an Australian citizen, permanent resident, or eligible New Zealand citizen and meet the balance of family test.
Duration: Up to 2 years.
Work Rights: Yes, full work rights.
Pathway: Leads to the Contributory Aged Parent Visa (Permanent) - Subclass 864.
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Contributory Aged Parent Visa - Subclass 864
Purpose: Allows aged parents to live permanently in Australia with their children who are Australian citizens, permanent residents, or eligible New Zealand citizens.
Eligibility: Must have held the Subclass 884 visa and meet the balance of family test.
Duration: Permanent residency.
Work Rights: Yes, full work rights.
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Contributory Parent (Temporary) Visa - Subclass 173
Purpose: Temporary visa for parents to stay in Australia while waiting for a permanent Contributory Parent Visa.
Eligibility: Must have a child who is an Australian citizen or permanent resident and meet the balance of family test.
Duration: Up to 2 years.
Work Rights: Yes, full work rights.
Pathway: Leads to Contributory Parent Visa (Permanent) - Subclass 143.
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Contributory Parent Visa - Subclass 143
Purpose: Permanent visa for parents to live in Australia with their child who is an Australian citizen, permanent resident, or eligible New Zealand citizen.
Eligibility: Must have held a Subclass 173 visa and meet the balance of family test, where at least half of the parent’s children live permanently in Australia or have more children living in Australia than in any other single country.
Duration: Permanent residency.
Work Rights: Yes, full work rights.
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Dependent Child Visa - Subclass 445
Purpose: Allows a dependent child to live temporarily in Australia with a parent who holds a temporary partner visa (subclass 309 or 820).
Eligibility: The child must be a dependent of a parent holding a temporary partner visa and intend to apply for a permanent partner visa.
Duration: Temporary, until a decision is made on the permanent partner visa.
Work Rights: Yes, once of working age.
Study Rights: Yes, full study rights.
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New Zealand Citizen Family Relationship (Temporary) Visa - Subclass 461
Purpose: Allows family members of New Zealand citizens who hold a Special Category Visa (subclass 444) to live and work in Australia temporarily.
Eligibility: Must be a family member of a New Zealand citizen living in Australia, not be a New Zealand citizen themselves, and meet health and character requirements.
Duration: 5 years, with the possibility of renewal.
Work Rights: Yes, full work rights.
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Orphan Relative Visa - Subclass 117
Purpose: For orphans who need to be cared for by relatives in Australia.
Eligibility: The child must be sponsored by a relative who is an Australian citizen, permanent resident, or eligible New Zealand citizen. This visa is for children under 18 who are outside Australia and have no parents to care for them.
Duration: Permanent residency.
Work Rights: Yes, once of working age.
Study Rights: Yes, full study rights.
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Orphan Relative Visa - Subclass 837
Purpose: For orphans already in Australia who need to be cared for by relatives.
Eligibility: The child must be sponsored by a relative who is an Australian citizen, permanent resident, or eligible New Zealand citizen. This visa is for children under 18 who have no parents to care for them.
Duration: Permanent residency.
Work Rights: Yes, once of working age.
Study Rights: Yes, full study rights.
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Parent Visa - Subclass 103
Purpose: Allows parents to live in Australia permanently with their child who is an Australian citizen, permanent resident, or eligible New Zealand citizen.
Eligibility: Must meet the balance of family test, which requires that at least half of the parent’s children live permanently in Australia or that more of the parent’s children live in Australia than in any other country.
Duration: Permanent residency (lengthy processing time).
Work Rights: Yes, full work rights.
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Partner Visa (Provisional and Migrant) - Subclass 309/100
Purpose: Allows the partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia temporarily and then permanently.
Eligibility: Must be in a genuine relationship with the sponsor. The provisional visa (subclass 309) is granted first and allows temporary residence, leading to the permanent visa (subclass 100) after two years.
Duration: Temporary until the subclass 100 decision is made; permanent thereafter.
Work Rights: Yes, full work rights.
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Partner Visa (Temporary and Permanent) - Subclass 820/801
Purpose: Allows the partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia temporarily and then permanently.
Eligibility: Must be in a genuine relationship with the sponsor and be in Australia when applying. The temporary visa (subclass 820) is granted first, followed by the permanent visa (subclass 801) after two years.
Duration: Temporary until the subclass 801 decision is made; permanent thereafter.
Work Rights: Yes, full work rights.
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Prospective Marriage Visa - Subclass 300
Purpose: Allows you to come to Australia to marry your prospective spouse.
Eligibility: Must be engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen. You must intend to marry within 9 months of arrival in Australia.
Duration: Up to 9 months from the date of grant.
Work Rights: Yes, full work rights.
Pathway: Apply for a Partner Visa after marriage.
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Remaining Relative Visa - Subclass 115
Purpose: For people whose only near relatives live in Australia.
Eligibility: Must have no other relatives outside Australia and be sponsored by a relative who is an Australian citizen, permanent resident, or eligible New Zealand citizen.
Duration: Permanent residency.
Work Rights: Yes, full work rights.
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Remaining Relative Visa - Subclass 835
Purpose: For people in Australia whose only near relatives live in Australia.
Eligibility: Must have no other relatives outside Australia and be sponsored by a relative who is an Australian citizen, permanent resident, or eligible New Zealand citizen.
Duration: Permanent residency.
Work Rights: Yes, full work rights.
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Sponsored Parent (Temporary) Visa - Subclass 870
Purpose: Allows parents of Australian citizens and permanent residents to stay temporarily in Australia.
Eligibility: Must be sponsored by a child who is an Australian citizen, permanent resident, or eligible New Zealand citizen. The sponsor must meet income requirements and provide an assurance of support.
Duration: Up to 3 or 5 years, with the possibility to renew for up to 10 years.
Work Rights: No work rights.
Pathway: Not a pathway to permanent residency.
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Key Considerations
When applying for any of these visas, there are several factors to consider.
Eligibility Requirements: Each visa has specific criteria regarding relationships, financial dependencies, age, and other factors. It’s crucial to ensure that you meet all requirements before applying.
Processing Times: Some visas, especially parent visas, have long processing times. Planning and applying well in advance is essential, especially if there are long waiting periods.
Costs and Financial Obligations: Visa application costs can be significant, particularly for contributory parent visas. Ensure you understand the total financial commitment involved, including potential assurance of support obligations.
Work and Study Rights: While most permanent visas grant full work and study rights, temporary visas may have restrictions. Understanding these limitations is important, especially for planning employment or educational pursuits.
Balance of Family Test: Many parent visas require applicants to meet the balance of family test, where the majority of the applicant’s children reside in Australia. This test is a key eligibility criterion for many parent visas.
Sponsorship Requirements: Most family visas require a sponsor who is an Australian citizen, permanent resident, or eligible New Zealand citizen. The sponsor may need to meet specific income requirements or provide an assurance of support.
Health and Character Requirements: Applicants must meet health and character requirements, including police checks and medical examinations. These requirements can impact the eligibility and processing time of your application.
Pathways to Permanent Residency: Some visas, like the Prospective Marriage Visa, are designed as pathways to permanent residency. Understanding the steps involved in transitioning from a temporary to a permanent visa is crucial for long-term planning.
For personalised advice and assistance, Book an appointment with Marion Le Consultancy.