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Family Visas

There are a range of family visa options available to applicants wishing to remain temporarily or permanently in Australia with their Australian relatives . Use the tabs below to learn more.

Prospective Marriage Visa

(subclass 300)

Prospective Marriage visa allows a visa holder to come to Australia and marry their Australian Citizen/ Permanent Resident partner. The applicant for a Prospective Marriage Visa must:

Be sponsored by an Australian Citizen or Permanent resident partner
Intend to marry Australian partner within the visa period
Be outside Australia when applying (and being granted) the visa.
Be at least 18 years of age
Meet health and character requirements

The visa is granted for a period of between 9 and 15 months. The visa application charge is $7,850.

Australian partner visas. Marriage, de facto, same-sex and fiancée visas.
Love, marriage and relationships. Australian partner visas. Live together with your life partner in Australia.

Partner Visa:

(subclasses 820/801 & 309/100)

Partner Visas allow for partner of Australian Citizens/ Permanent Residents to live and work in Australia permanent. The visa is open to married and de facto couples (including same-sex couples). The applicant for a Partner Visa:

Must be in a genuine and ongoing relationship with an Australian Citizen or Permanent resident, to the exclusion of all others.
Can be outside or inside Australia when applying
Must meet the relationship requirements, which includes:
  • Demonstrating evidence of the 4 aspects of relationship – Financial, Social, Household & Commitment to Relationship
  • Current cohabitation at the same residence (excluding any temporary absences)
  • 12 months cohabitation rule for de facto applicants, except where the relationship has been registered by a relevant authority
Meet the relevant health and character requirements
Be at least 18 years of age

The visa is granted for a period of between 9 and 15 months. The visa application charge is $7,850 ($1,310 for Prospective Marriage visa holders).

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Case Study

Travelling while waiting for a partner visa

Often the main obstacle for partner visa applicants is the extended processing times. This delay can cause issues, mainly if the applicant is in Australia and wishes to travel overseas during processing times. One thing that often catches applicants unaware is that travel permission is not automatically attached to their bridging visa.

A bridging visa B is required in order to travel during processing of a visa which is granted onshore. A partner visa client approached me in a panic. We had already prepared and lodged his visa application, but he had an urgent problem. He had arranged a flight overseas but had forgotten to inform me of his travel plans. When he realised he needed travel permission, he was already on the way to the airport for a flight departing in a few hours.

Over the years, we have kept a list of phone contacts at the Department for such an emergency. We quickly got on the phone and called one of those contacts. We explained the issue and was fortunate to have reached a helpful Case Officer. My client’s bridging visa was granted within the hour, and he was able to leave Australia without issue. On return to Australia a few weeks later, his partner visa was granted too.

The client’s bridging visa was granted within the hour, and he was able to leave Australia without issue. On return to Australia a few weeks later, his partner visa was granted too.

OVERVIEW

Parent Visas

There are a few options available for parents of Australian citizens/ permanent residence, both temporary and permanent visas.

Parent visas Australia. Join your Australian Citizen or permanent resident children and share your life together in Australia.

The Contributory Parent visa

Both temporary (subclass 173) and permanent (subclass 143) stages. The applicant can apply for permanent residence directly, or apply in two stages, i.e. temporary then permanent visas.

The applicant for a Contributory Parent visa must:

  • Be sponsored by an eligible child, namely an Australia citizen, permanent resident or eligible NZ citizen
  • Meet the balance-of-family test*
  • Not currently hold or applied for a Sponsored Parent (temporary) subclass 870 visa.
  • Meet health and character requirements
  • Have repaid (or have made arrangements to repay) any debts to the Commonwealth of Australia

*To meet the balance of family test:

  • at least half of the applicant’s children are eligible (i.e. Australian citizens,permanent residents or NZ citizens usually resident in Australia), or
  • More of the applicant’s eligible children living in Australia than any other single country.

Visa application charges start at $31,980.

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Parent visas Australia. Join your Australian Citizen or permanent resident children and share your life together in Australia.
Parent visas Australia. Join your Australian Citizen or permanent resident children and share your life together in Australia.

Aged Parent visa (subclasses 103 & 804)

An Aged Parent visa has the same requirements as a Contributory Parent visa, but with two notable exceptions:

  • Age requirement. The applicant must be old enough to receive the age pension in Australia, i.e. be between 65 and 67 years old, depending on when the applicant was born.
  • Processing times. The current processing times are published to take at least 30 years for final processing!

For many applicants, this visa will not be a viable option, considering the incredible processing times. However, there may be strategic reasons for making an Aged Parent visa application in Australia, as it allows the applicant the ability to remain in Australia on a bridging visa whilst processing.

Visa application charge $6,490.

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Case Study

Communication and trust.

Even for the most seasoned migration agents, and with the best of preparations, sometimes applications don’t go smoothly.  The clients, a German couple, who we’d assisted successfully with two previous Retirement visas (subclass 410), were now eligible for permanent residence due to a change in Parent Visa rules. The clients could now apply for a Parent visa under the retiree stream. Around the same time, the migration agent’s professional industry body, the Migration Institute of Australia, released information from a meeting held between the Department and the MIA.

During the meeting, the MIA were to understand that processing times for an Aged Parent visa (subclass 804) would now be significantly reduced to between 6 weeks and 3 months – normally published at 30 years! Considering the other option was the more expensive Contributory Parent (subclass 143) visa, once receiving confirmation from the MIA that this was correct, we put the new alternative to the clients, clearly explaining the risks. After reviewing the correspondence with the MIA, the clients were excited by the change and decided to go for the Aged Parent visa (subclass 804).

Here’s where the wheels fell off. On receipt of the application and reviewing our covering submission, the Department indicated that standard processing times would stand, i.e. it would be 30 years processing ahead. Of course, this is not a suitable situation for the clients. We clearly explained the situation to the clients and was able to show the correspondence between the Department and us. The client realised the miscommunication between the Department and the MIA was not in our control. So, they were happy to pivot to the original strategy of a Contributory Parent Visa (subclass 143). We prepared a new application, withdrew the Aged Parent visa application, sought a refund on the application charges. Thankfully, the Department refunded the application charges and granted the Contributory Parent visas for the clients. The clients were ecstatic with the result.

I think a big part of our success was that we kept the clients calm and informed throughout the process. Our openness during the process maintained trust, which was incredibly important when encountering unexpected obstacles.

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