Family & Partner Visas to AUSTRALIA
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What is the family and partner visa program in Australia?
The family and partner visa program in Australia allows eligible family members of Australian Citizens, Permanent Residents and/or eligible New Zealand Citizens to live in Australia temporarily or permanently.
Our expert migration lawyers are experienced in dealing with all visas under the family visa program, including partner visas, parent visas and child visas.
Currently the family visa program consists of the following visa subclasses:
- Adoption Visa (subclass 102)
- Aged Dependent Relative Visa subclass 114
- Aged Dependent Relative Visa subclass 838
- Aged Parent Visa (subclass 804)
- Carer visa (subclass 836)
- Carer visa (subclass 116)
- Child visa (subclass 101)
- Child visa (subclass 802)
- Contributory Aged Parent (Temporary) visa (subclass 884)
- Contributory Aged Parent visa (subclass 864)
- Contributory Parent (Temporary) visa (subclass 173)
- Contributory Parent visa (subclass 143)
- Dependent Child visa (subclass 445)
- New Zealand Citizen Family Relationship (temporary) visa (subclass 461)
- Orphan Relative (subclass 117)
- Orphan Relative (subclass 837)
- Parent visa (subclass 103)
- Partner (Provisional and Migrant) visa (subclass 309 100)
- Partner visa (subclass 820 801)
- Prospective Marriage visa (subclass 300)
- Remaining Relative visa (subclass 115)
- Remaining Relative visa (subclass 835)
- Sponsored Parent (Temporary) visa (subclass 870)
We can offer you accurate and honest advice to assist you in understanding the family visa program and support you in preparing and lodging any visa application under the program.
How do I apply for a partner visa in Australia?
You can apply for a partner visa to Australia if you are in a married or de facto relationship with an Australian Citizen or Permanent Resident.
You must be able to prove you are in a genuine relationship with your partner by providing evidence to confirm:
1. The financial aspects of your relationship;
2. The nature of your household;
3. The social aspects of your relationship; and
4. The nature of your commitment to one another.
Is a partner visa a permanent visa in Australia?
The partner visa process in Australia is a two-stage process, and at the time of lodging your visa application you are effectively applying for two different visas: a provisional visa and a permanent visa.
The provisional visa is the first stage visa and will be assessed by the Department of Home Affairs (Immigration) first.
In order to obtain the permanent partner visa, you will need to prove that you continue to be in a genuine, committed relationship with your Australian Citizen or Permanent Resident partner. You will be invited to provide updated evidence of your relationship on the 2-year anniversary date of the date you first lodged your visa application and assessed for the permanent second stage visa at this time.
If you have been in a long-term relationship with your partner at the time you apply, you may be eligible for the grant of both the provisional and permanent stage visas at the same time.
What happens if my relationship breaks down while I am holding a provisional partner visa in Australia?
If your relationship breaks down whilst you hold a provisional partner visa in Australia, you may still be eligible for the grant of your permanent partner visa if you can satisfy the Department of Home Affairs (Immigration) that you meet certain requirements prescribed under the Migration Regulations.
If your relationship has broken down due to family violence or otherwise, our expert migration lawyers can assist you in navigating the complex legal criteria required to maintain your legal residence in Australia.
Stone Group Lawyers can also assist you in handling your separation with your partner with support from our large team of family lawyers, which includes two accredited specialists in family law.
How much does a partner visa cost in Australia?
The partner visa application fee is currently AUD $7,850 in Australia for both onshore and offshore applicants.
This fee applies to both the subclass 820 / 801 visa (onshore partner visa) and the subclass 309 / 100 visa (offshore partner visa).
Prospective marriage visa (subclass 300) holders will be required to pay AUD $1,310 for the partner visa process.
Please note that the visa application charges are subject to change at any time and we recommend that you review the Department of Home Affairs website for constant updates.
How long does it take to get a partner visa in Australia?
The processing time for partner visas to Australia differ depending on whether you apply whilst onshore or offshore. The current processing times are:
Onshore:
- 25% of applications: 6 months
- 50% of applications: 11 months
- 75% of applications: 25 months
- 90% of applications: 34 months
Offshore:
- 25% of applications: 4 months
- 50% of applications: 8 months
- 75% of applications: 21 months
- 90% of applications: 29 months
Please note that visa processing times are subject to change at any time and we recommend that you review the Department of Home Affairs website for constant updates.
Which is the best parent visa to Australia?
There are many visa options which will allow the parents of Australian Citizens and/or Permanent Residents to migrate to Australia temporarily or permanently.
The main difference between each parent visa category is the processing times, cost and validity status of each visa.
The most popular parent visa to Australia is the subclass 143 contributory parent visa which is a permanent visa option.
How much is the assurance of support for a parent visa?
An assurance of support is a mandatory requirement which must be met prior to the grant of a parent visa.
The assurance of support can be provided by an organisation or an individual.
To be an individual assurer you must satisfy a number of requirements, including an income test.
The income test is based on a number of factors including the number of assurers, assurees and assurer’s dependent children involved in the arrangement.
Assurers may also be required to pay a ‘bond’ in the amount of:
- $10,000 for primary applicants for contributory parent visas;
- $4,000 for any adult secondary applicants for contributory parent visas;
- $5,000 for primary applicants of non-contributory parent visas;
- $2,000 for any adult secondary applicants for non-contributory parent visas
Please note that assurance of support requirements are subject to change at any time and we recommend that you review the Department of Home Affairs website for constant updates.
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How much does a parent visa to Australia cost?
The cost of a parent visa to Australia will vary depending on the visa option selected by the applicant.
The current visa application charge for parent visas to Australia include:
- Subclass 173 contributory parent visa applications cost AUD $31,980
- Subclass 143 contributory parent visa applications cost AUD $47,825
- Subclass 804 aged parent visa applications cost AUD $6,490
- Subclass 884 contributory aged parent (temporary) visa applications cost AUD $33,355
- Subclass 864 contributory aged parent visa applications cost AUD $47,825
- Subclass 103 parent visa applications cost AUD $6,490
- Subclass 870 sponsored parent visa applications cost AUD $5,090 for a 3 year validity period and AUD $10,180 for a 5 year validity period
Please note that visa application charges are subject to change at any time and we recommend that you review the Department of Home Affairs website for constant updates.
How long does it take to get a parent visa to Australia?
The processing time for parent visas to Australia will vary depending on the type of parent visa application you lodge.
Currently there is no average, published processing time available for contributory parent visas, parent visas or aged parent visas.
The latest processing information available states that the following applications are currently being assessed by the Department of Home Affairs:
- Contributory parent visa applications with a queue date up to June 2016
- Parent visa applications with a queue date up to October 2010
- Aged parent visa applications with a queue date up to December 2012
Please note that visa processing times are subject to change at any time and we recommend that you review the Department of Home Affairs website for constant updates.