Partner & Family Sponsored MigrationVisa Information for partners and people who can be sponsored by a family member

Partner & Family Sponsored Migration


Partner

There are a number of ways to obtain a visa based on a partner relationship with an Australian citizen, an Australian permanent resident or eligible New Zealand citizen.

It is important to make an application for the correct type of visa. The appropriate visa will depend on a number of factors such as whether you plan to get married in Australia or outside Australia, you are already married, or you are in a de facto (including same-sex) relationship. It will also depend on where you will be when you apply for the visa.

A range of factors can make applying for a Partner visa complex such as prior relationships, inclusion of dependent family members, periods of physical separation from your partner and, overall duration of the relationship. It can also be difficult to know what is the best type of evidence to provide to the decision-maker to demonstrate the genuineness of a relationship. Contact us to discuss your individual circumstances.


A visa to travel to and marry in Australia

Prospective Marriage
(Class TO) Subclass 300 visa




This category of visa (also referred to as a Fiancé visa) is for people outside Australia who intend to get married in Australia within the 9-month validity of the visa to an Australian citizen, Australian permanent resident or eligible New Zealand citizen.


This visa provides a pathway to a Partner visa.




A visa to travel to and live in Australia with my Partner


Partner Provisional (Class UF) Subclass 309 visa
& Partner (Migrant) (Class BC) Subclass 100




This category of visa is for people who are outside Australia and who wish to enter and stay in Australia with their partner who must be an Australian citizen, an Australian permanent resident or eligible New Zealand citizen.


A partner includes people who are married as well as people who are in a de facto (including same-sex) relationship.



There is a 2-stage process and an application must be made for both the provisional and migrant visa at the same time. The provisional visa allows you to travel to and enter Australia and remain there until a decision is made on the migrant visa. The migrant (permanent) visa may be granted 2 years after you apply, if the relationship is still ongoing (subject to some exceptions).



A visa to stay in Australia and live with my Partner


Partner Temporary (Class UK) Subclass 820 visa
& Partner (Residence) (Class BS) Subclass 801




This category of visa is for people who are in Australia and who wish to stay in Australia with their partner who must be an Australian citizen, an Australian permanent resident or eligible New Zealand citizen.



A partner includes people who are married as well as people who are in a de facto (including same-sex) relationship. There is a 2-stage process and an application must be made for both the temporary and permanent visa at the same time. The temporary visa allows you to remain in Australia until a decision is made on the permanent visa. The permanent visa may be granted 2 years after you apply, if the relationship is still ongoing (subject to some exceptions).



Parent

This stream comprises the parent category and the contributory parent category each with different pathways to a visa. A Parent visa may be suitable if you have a child who is an Australian citizen, an Australian permanent resident or eligible New Zealand citizen that is ‘settled’ in Australia and who can sponsor you. To be eligible you will need to satisfy a ‘balance of family test’ which looks at the total number of your children, where they are located and their citizenship or residency status. The ‘test’ is not always straightforward, and you may wish to seek advice, if for example you have lost contact with a child.

It is important to note that there are substantial waiting periods for most of the visas in the Parent stream as the number of visas that can be granted by the Department of Immigration and Citizenship each year are limited. Some visas incur higher fees but have a higher processing priority, in other words, the waiting period for a visa is shorter.

Due to the waiting time, a Parent visa may not be practical or the best solution if you wish to reunite with family in Australia. Contact us to discuss your individual circumstances.

Child

There are a number of visa options to bring a child to Australia. They include:

  • Child
  • Adoption
  • Orphan Relative
  • Dependent Child



It may also be possible to include a child in an application that has been made to the Department and is not yet finalised. Contact us to discuss your individual circumstances.

Other Family

There are a number of other family sponsored visas available for people wishing to reunite with family members in Australia. They include:

  • Carer
  • Remaining Relative
  • Aged Dependent Relative
  • New Zealand Citizen Family Relationship



If you are considering applying for one of these visas or wish to sponsor a family member, contact us to discuss your individual circumstances.

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