Partner and Family Visas
Here at iVisaPoint, family always comes first and we aim to provide a calibre of service that makes you feel like you are part of our family.
The various types of Family and Partner Visas available have been designed to unite and reunite Australian citizens, permanent residents and eligible New Zealand citizens with their loved ones. There are many options available in these visa categories so feel free to discuss with us your family or partner visa plans and goals.
Partner VisasYou may be eligible for a partner category visa if you are either a spouse, fiancé or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
For married couples, your marriage must be recognised under Australian Law. For de facto couples (including same-sex couples) you must provide evidence that you have lived together for at least 12 months before applying. The relationship must be mutually exclusive and you can also apply on de facto grounds if you are waiting for a divorce, as long as other requirements are met.
Onshore Partner (Subclass 820/801) Visa – This is for applicants that are onshore at the time of visa application. The temporary application stage is referred to the Subclass 820 Visa and the permanent stage is referred to as the Subclass 801 Visa.
Offshore Partner (Subclass 309/100) Visa – This is for applicants that are offshore at the time of visa application. The temporary application stage is referred to the Subclass 309 Visa and the permanent stage is referred to as the Subclass 100 Visa.
Prospective Marriage (Subclass 300) Visa – This is for applicants that wish to come to Australia to marry their fiancé. If this visa is granted, applicants can apply for the Onshore Application Pathway (Subclass 820/801 Visa) to obtain permanent residency in Australia.
The Onshore Partner (Subclass 820/801) Visa process involves two steps, firstly you need to obtain a Temporary Partner Visa (Subclass 820) and then you may be granted a Permanent Partner Visa (Subclass 801). The temporary visa is usually granted until a decision is made on the permanent visa. This is usually a two-year period. In certain circumstances, you may be eligible for the permanent visa directly however this is dependent on whether you have been in a long-term relationship or have children together.
In other circumstances, you may be eligible for permanent residency even if the relationship has broken down before the end of the two-year period. These circumstances include:
If your partner has passed away during this period; or
If you and your Australian partner have children under 18 years of age; or
If you or your dependants have been subject to domestic violence during this period.
This visa has the following requirements:
You must be married or in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen;
You must be aged over 18 (or 16-17 with parental permission);
You must have a sponsor, who will be your partner, except if your partner is under 18 years of age;
You must evidence that your relationship with your partner is genuine and continuing. This is assessed based on your financial, social and emotional commitment to one another in addition to the nature of your household;
You must meet the health and character requirements;
You must be in Australia when you lodge your application and when a decision is made on the Temporary Partner Visa (Subclass 820).
To be eligible for the Permanent Partner Visa (Subclass 801) you must further ensure:
That you continue to hold a Temporary Partner Visa (Subclass 820);
That you continue to be spouse or de facto partner relationship unless your relationship has ended and there are special circumstances;
That you have complied with all Australian laws whilst on your temporary visa.
Successful applicants and holders of a Temporary Partner (Subclass 820) Visa can:
Live and work in Australia until a decision is made on your Permanent Partner (Subclass 801) Visa;
Study in Australia, but with no access to government funding;
Enroll in Medicare, Australia’s scheme for health-related care and expenses.
Successful applicants and holders of a Permanent Partner (Subclass 801) Visa can:
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).
The Offshore Partner (Subclass 309/100) Visa process involves two steps, firstly you need to obtain a Temporary Partner (Subclass 309) Visa and then you may be granted a Permanent Partner (Subclass 100) Visa. The temporary visa is usually granted until a decision is made on the permanent visa. This is usually a two-year period. In certain circumstances, you may be eligible for the permanent visa directly however this is dependent on whether you have been in a long-term relationship or have children together.
In other circumstances, you may be eligible for permanent residency even if the relationship has broken down before the end of the two-year period. These circumstances include:
If your partner has passed away during this period; or
If you and your Australian partner have children under 18 years of age; or
If you or your dependants have been subject to domestic violence during this period.
This visa has the following requirements:
You must be married or in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen;
You must be aged over 18 (or 16-17 with parental permission);
You must have a sponsor, who will be your partner, except if your partner is under 18 years of age;
You must evidence that your relationship with your partner is genuine and continuing. This is assessed based on your financial, social and emotional commitment to one another in addition to the nature of your household;
You must meet the health and character requirements;
You must not be in Australia when you lodge your application and when a decision is made on the Temporary Partner Visa (Subclass 309).
To be eligible for the Permanent Partner (Subclass 100) Visa you must further ensure:
That you continue to hold a Temporary Partner (Subclass 309) Visa;
That you continue to be spouse or de facto partner relationship unless your relationship has ended and there are special circumstances;
That you have complied with all Australian laws whilst on your temporary visa.
Successful applicants and holders of a Temporary Partner (Subclass 309) Visa can:
Live and work in Australia until a decision is made on their Permanent Partner (Subclass 100) Visa;
Study in Australia, but with no access to government funding;
Enroll in Medicare, Australia’s scheme for health-related care and expenses
Successful applicants and holders of a Permanent Partner (Subclass 100) Visa can:
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).
The Prospective Marriage (Subclass 300) Visa allows Australian citizens, permanent residents or eligible New Zealand residents to bring their prospective spouse to Australia before getting married.
This visa has the following requirements:
You must have met (in person) your prospective spouse and intend to marry them within nine months of the visa being granted;
You must intend to live as spouses after you are married;
You must be at least 18 years of age (and must have met in person after 18);
You must be the opposite sex to your prospective spouse (same-sex couples can apply for a Partner Visa);
You must be sponsored by your fiancé;
You must meet health and character requirements.
Successful applicants and holders of a Prospective Marriage (Subclass 300) Visa can:
Travel to and stay in Australia for up to nine months;
Work in Australia;
Study in Australia at their own expense;
Travel outside Australia as many times as they want. There is important information for New Zealand citizens.
The Contributory Parent (Subclass 143) Visa allow the parents of a settled Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia permanently. This visa is more expensive than the general Parent (Subclass 103) Visa but has a much shorter processing time than the expected 30-year processing time for the Subclass 103 Visa.
Most clients will opt to apply for the Temporary Contributory Parent (Subclass 173) Visa prior to applying for the Permanent Contributory Parent (Subclass 143) Visa. This is preferred as this visa process can be quite expensive (approximately $100,000 AUD for a main applicant and spouse) and this method lets you spread the costs of the migration over multiple years. The temporary visa will be valid for two years after which you can apply for the permanent visa.
Requirements for the Temporary Contributory Parent (Subclass 173) Visa are:
You must have a child who is above 18 and is an Australian citizen, a permanent resident or an eligible New Zealand citizen. If you meet certain conditions, you may also be eligible if your child is under 18 or if your child who sponsored you for your Contributory Parent (Temporary)(Subclass 173) Visa has died ;
At least half of your children must live in Australia or more of your children live in Australia than any other country;
You must meet health and character requirements.
Additional requirements (including the above requirements) for the Permanent Contributory Parent (Subclass 143) Visa are:
You must be able to obtain an Assurance of Support (from your sponsor, another person or an organisation) which is a legal document (normally a refundable bond) assuring the Australian Government that you will not require government assistance for two years after you enter Australia on this visa.
If you are successful in obtaining the Temporary Contributory Parent (Subclass 173) Visa, it will allow you and any family members that have also been granted this visa to:
Stay in Australia for up to two years;
Work and study in Australia (without government support);
Enrol in Medicare, Australia's scheme for health-related care and expenses;
Sponsor eligible relatives for permanent residence;
Travel to and from Australia for two years from the date the visa is granted;
Apply for a Permanent Contributory Parent (Subclass 143) Visa.
If you are successful in obtaining the Permanent Contributory Parent (Subclass 143) Visa, it will allow you and any family members that have also been granted this visa to:
Stay in Australia indefinitely;
Work and study in Australia;
Enrol 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;
Apply for Australian citizenship, if eligible.
It is important to note that you will not automatically receive the age pension or social security payments in Australia on your Subclass 143 Visa. You will have to wait:
Two years for most social security payments
Ten years for age and disability pension payments.
The New Zealand Citizen Family Relationship (Subclass 461) Visa allows a non-New Zealand family member of a New Zealand citizen to live and work in Australia temporarily for up to five years.
To be eligible, you must:
Not be a New Zealand citizen;
Be an eligible family member of a New Zealand citizen;
Ensure your New Zealand citizen family member is not an Eligible New Zealand Citizen;
Be an eligible family member of someone living in Australia on a Special Category (Subclass 444) Visa or be travelling to Australia with a family member who will be granted a Special Category (Subclass 444) Visa on arrival;
Have adequate health insurance unless your country has a reciprocal health care agreement with Australia.
You must be related to the New Zealand citizen as one of the following:
Their partner; or
Their child/step-child or their partner’s child/step-child; or
The dependent child of you or your partner's child/step-child.
If you are successful in obtaining the New Zealand Citizen Family Relationship (Subclass 461) Visa, it will allow you to:
Work and study in Australia;
Travel to, enter and remain in Australia for five years from the date the visa is granted.
This visa lets parents of a settled Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia permanently. Wait times can range up to 30 years for this visa as it costs less than the other permanent parent visas.
Aged Parent (Subclass 804) VisaThis visa lets aged parents of a settled Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia permanently. Parents must be old enough to receive the Australian aged pension. Wait times can range up to 30 years for this visa as it costs less than the other permanent parent visas.
Contributory Aged Parent (Subclass 884) VisaThis temporary visa lets aged parents of a settled Australian citizen, permanent resident or eligible New Zealand citizen live in Australia temporarily. Parents must be old enough to receive the Australian aged pension. A Permanent (Subclass 864) Visa can be applied for subsequently if the applicants wish to remain in Australia permanently.
Contributory Aged Parent (Subclass 864) VisaThis permanent visa lets aged parents of a settled Australian citizen, permanent resident or eligible New Zealand citizen live in Australia permanently. Parents must be old enough to receive the Australian aged pension. This is more expensive than the Subclass 804 Visa but is approved in much less time.
Child (Subclass 802) (Onshore) & Child (Subclass 101) (Offshore) VisasThe Subclass 802 Visa allows the children of an Australian citizen, Australian permanent residence or eligible New Zealand citizen to remain in Australia if they are in Australia. The Subclass 101 Visa allows the children of an Australian citizen, Australian permanent residence or eligible New Zealand citizen who are outside Australia to come to Australia to live with their parents. The children may be natural, adopted or step-children.
Dependent Child (Subclass 445) VisaThis temporary visa allows a child to travel to and from or stay in Australia until their parent's permanent Partner visa is finalized.
Remaining Relative (Subclass 835) (Onshore) & Remaining Relative (Subclass 115) (Offshore) VisasThe Subclass 835 Visa allows someone in Australia to whose only near relatives are living in Australia to live in Australia as a permanent resident. The Subclass 115 Visa allows someone outside Australia whose only near relatives are living in Australia to live in Australia as a permanent resident.
Aged Dependent Relative (Subclass 838) (Onshore) & Aged Dependent Relative (Subclass 114) (Offshore) VisasThe Subclass 838 Visa is for aged persons to stay permanently in Australia if they rely on an eligible relative in Australia to provide financial support. The Subclass 114 Visa allows aged persons to migrate to Australia if they rely on an eligible relative in Australia to provide financial support.
Carer (Subclass 836) (Onshore) & Carer (Subclass 116) (Offshore) VisaThe Subclass 836 Visa is for someone in Australia who needs care for a relative in Australia with a long term or permanent medical condition OR needs to assist a relative providing this care to a member of their family unit with a long-term or permanent medical condition. The Subclass 116 Visa is the same, with the exception that the carer is not presently in Australia and needs to move to Australia.