Partner Visa (Subclass 820 and 801)
Partner visas can be applied for onshore or offshore and you will either need to be married or be in a de facto relationship for 12 months. De facto relationship generally require you to live together and include hetrosexual and same-sex couples.
Couples that are not married and who register their relationship with one of the state relationships registers, are exempt from the requirement to live together for 12 months prior to applying.
The temporary Partner visa (subclass 820) allows you to live in Australia if you are the spouse or de facto partner of:
- an Australian citizenan
- Australian permanent resident
- an eligible New Zealand citizen
In some circumstances the visa can be granted where your partner relationship has ended.
The temporary Partner visa (subclass 820) is the first stage towards a permanent Partner visa (subclass 801). You must be in Australia when you apply and also when this visa is decided.
You lodge one application form for your temporary and permanent visas and pay one application charge. Your application is processed in two stages, about two years apart.
Prospective Marriage Visa (Subclass 300)
Couples that wish to bring their fiancé to Australia to get married can apply for the Prospective Marriage Visa.
If you are getting married overseas, you do not apply for a prospective marriage visa, you wait till you have your overseas marriage certificate and lodge an offshore spouse visa.
The Prospective Marriage visa (subclass 300) is for people who want to come to Australia to marry their prospective spouse.
It is a temporary visa for nine months. You must be outside Australia when you lodge your application and when the visa is granted. You can have the wedding in any country: the wedding does not need to be in Australia.
Parent Visa (Subclass 143/173)
Parent Visa enables parents of children who are Australian citizens or permanent residents to be sponsored for permanent residence in Australia.
Duration and Conditions
Apart from the contributory parent (temporary) visa, all parent visas are permanent visas.
The main criteria are as follows:
1. The parent must be sponsored by a child who is an Australian citizen or permanent resident. The sponsor must be “settled” – generally the sponsor would need have been lawfully resident in Australia for at least 2 years.
2. The applicant must pass the “balance of family test”. That is, the number of children who are lawfully and permanently resident in Australia must be:
- Greater than, or equal to, the total number of children who are resident overseas; or
- Greater than the greatest number of children who are resident in any single overseas country.
3. An assurance of support is required in all cases.
Contributory Parent Categories
The Australian government has introduced “contributory” parent visa categories, which require the payment of a high application fee to cover medical expenses
From 2 June 2014, the lower cost “non-contributory” parent visa subclasses were closed to new applications. It is no longer possible to apply for non-contributory parent visas. The non-contributory subclasses were reopened in October 2014, but it is not clear how long they will be open for.
There are two types of contributory parent visa:
1. Contributory Parent (Permanent): This is a permanent visa which is generally processed within 18 months. Total cost for the application is over $40,000 per parent
2. Contributory Parent (Temporary): This is a 2-year temporary visa which is about half the cost of the permanent contributory parent. Applicants would generally look at applying for a permanent contributory parent visa within the 2-year validity of the visa. The total cost of applying is approximately the same as a permanent contributory parent visa, but it is split over two visa applications.
Do I Apply in Australia or Overseas?
In general, parent visas must be applied for outside Australia. However, it is possible to apply for an aged parent visa from within Australia. In order to do so, at least one of the applicants must be aged 65 or over.
If the application is lodged in Australia, the applicants will be able to remain in Australia on bridging visas whilst their applications for parent visas are being processed.
Child Visa (Subclass 101)
About the subclass 101 Child visa
This visa allows a child of an Australian permanent resident who is currently outside Australia to come to Australia to live with their parents.
The Child visa subclass 101 is a permanent visa and allows your child to live permanently in Australia.
A Child visa subclass 101 lets an eligible parent sponsor their child to live in Australia indefinitely.
If a child is younger than 18 years of age a parent may apply on behalf of the child.
To be eligible to sponsor a child for a Child Visa Subclass 101 a parent must be:
• an Australian citizen, or
• an Australian permanent resident, or
• an eligible New Zealand citizen. (An eligible New Zealand citizen a New Zealand citizen who was living in Australia on 26 February 2001 or for at least one year in the two years immediately before 26 February 2001)
The visa application must be lodged outside Australia and the child must be outside Australia when the visa application is decided.
Criteria to be met for the Child visa subclass 101
To be eligible for a subclass 101 Child visa, a child must be:
• sponsored by their parent or their parent’s partner
• younger than 18 years of age, or:
• a full-time student between 18 and 25 years of age, or
• 18 or older and unable to work due to a disability and dependent on the sponsoring parent.
A child younger than 18 years of age must be single and not engaged to be married.
The child can include their own dependent children in this application.
The child must be:
• the biological child or adopted child of the sponsoring parent
• a step child who has not turned 18 of a step-parent who is no longer the partner of the child’s parent but has a legal responsibility to care for the child.
An adopted child must have been adopted before their parent became an Australian citizen or the holder of an Australian permanent resident visa or an eligible New Zealand citizen.