Family Visa Australia

Family visas allow relatives of Australian citizens, permanent residents, or eligible New Zealand citizens to join them in Australia. Family visas include Partner, Parent, Child, and Other Family Visas. The purpose of a family visa is to allow the family member to live in Australia and keep the family unit whole.  Family members who want…

Josh Rapaport

September 20, 2024

Family visas allow relatives of Australian citizens, permanent residents, or eligible New Zealand citizens to join them in Australia. Family visas include Partner, Parent, Child, and Other Family Visas. The purpose of a family visa is to allow the family member to live in Australia and keep the family unit whole. 

Family members who want to obtain visas must demonstrate a genuine relationship with the Australian family member. This can include evidence of shared financial responsibilities, joint property ownership, regular communication, and long-term commitment to the relationship. 

If you’re hoping to reunite your family in Australia, read on to learn about types of family visas, details on requirements, the visa application process, costs, and processing time.

Partner Visas

In Australia, the Partner Visa process typically involves two steps: a Temporary Partner Visa and a Permanent Partner Visa.

Subclasses 820 and 801 (Temporary and Permanent)

The two of you must be spouses or de facto partners (you live together or do not live apart on a permanent basis). This applies to same-sex and different-sex relationships equally. The two stages of the process include:

  • Temporary Partner Visa (Subclass 820) – This allows the partner of an eligible New Zealand citizen, Australian citizen, or permanent resident to live in Australia temporarily while their permanent visa is being processed. Once you have a temporary visa, you can work and study in Australia and become eligible for the country’s public healthcare system. 
  • Permanent Partner Visa (Subclass 801) – This is the second stage of the Partner Visa process. It is applied for at the same time as the Subclass 820 visa but is only granted once the applicant meets the criteria for staying in Australia permanently. This visa gives the applicant all the rights of an Australian permanent resident. 

Application Process

To get a Partner Visa, you must file a joint application with your sponsor (usually the partner) while you’re both in the country. The easiest way to apply is online, using your ImmiAccount

You will also need to prove that the relationship is genuine and not just for visa purposes. Usually, evidence of a relationship includes photos and joint accounts.

You must also meet all the health and character requirements, which we will discuss in detail in a separate section.

At least two years after you’ve been granted the temporary visa, you become eligible for a Permanent Partner Visa. You will supply some additional documents, prove that you are still in a genuine, continuing relationship (with some exceptions), and, if you meet all the requirements, become a permanent resident. This also gives you a chance to apply for Australian citizenship.

Prospective Marriage Visa (Subclass 300)

Purpose

This type of Family Visa is created for individuals engaged to be married to an Australian citizen, permanent resident, or eligible New Zealand citizen. 

It allows recipients entry and stay in Australia for nine to fifteen months, during which they can work and study.

Requirements

To receive a Prospective Marriage Visa, you must have a genuine intention to marry an Australian permanent resident or eligible New Zealand citizen. However, the two of you must marry within the visa period. When applying for this visa, you must be outside Australia, but you can be in the country while waiting for the decision.

Parent Visas

There are two main types of parent visas: contributory and non-contributory. The two types differ in cost and processing time, with contributory visas being more expensive but faster. 

Contributory Parent Visas (Subclasses 173 and 143)

Working-age parents can get a Contributory Parent Visa, which allows them to get a job in the country. There are two subtypes:

  • Subclass 173 (Temporary) – This visa is valid for two years maximum, and it allows parents of Australian citizens or permanent residents to work and study. However, this visa cannot be extended. If you want to stay longer, you have to apply for a permanent visa (143) during the two years.
  • Subclass 143 (Permanent) – This visa allows parents to settle in Australia permanently. You can either apply for this visa directly or transition from Subclass 173.

Contributory Aged Parent Visas (Subclasses 884 and 864)

A contributory aged parent visa is created for retirement-age parents of Australian citizens or permanent residents. Parents must be of pension age, which is 67 in Australia as of 2024.

  • Subclass 884 (Temporary) – This contributory aged parent visa is valid for up to two years. To apply for it, you must be in Australia already. It is usually cheaper than the permanent one. 
  • Subclass 864 (Permanent) – You can either apply for the permanent visa directly or transition to it from Subclass 884.

Non-Contributory Parent Visas (Subclasses 103 and 804)

A non-contributory parent visa is much more affordable. However, while it allows you to bring family members without high costs, it may take up to 30 years for parents to become permanent residents.

  • Subclass 103 – This family visa type has requirements similar to the contributory visa, but it doesn’t cost nearly as much. However, it has a long processing time of up to 30 years in some cases. Typically, you cannot be in Australia while you wait for the decision. 
  • Subclass 804 – This type of visa was created for aged parents who must apply while in Australia. The visa also has a long processing time, but you can use a bridging visa to live legally in the country while you wait.

There is another visa type (Subclass 870) that allows a parent of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to visit Australia, as long as they do not plan to settle. 

Child Visas

Australia has several Child Visa types that allow a child of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia. 

The child visa is a permanent visa that allows the child to:

  • Stay in Australia permanently
  • Work and study in the country
  • Enroll in Medicare
  • Sponsor relative
  • Apply for Australian citizenship

Eligibility and Requirements

A child visa can apply to a biological, adopted, or step child of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.

To fit the eligibility criteria for a Child Visa, the child must:

  • Have a sponsor – The sponsor can be a parent or the parent’s partner.
  • Be a dependent child – Dependent children are under 18 years of age, full-time students between 18 and 25, or children over 18 with a mental or physical disability. They cannot work full-time and must depend on their parent for financial support.
  • Be single – The child must have no de facto partner or a spouse. 

Application Process

The process requires the applicants to:

  • Meet health and character requirements – This includes background checks for children over 16 and health examinations.
  • Provide proof of relationship – This refers to a birth certificate, adoption papers, or an official family book.
  • Provide proof of financial dependency – This includes bank statements, receipts, or other documents proving the child is dependent on the sponsor.
  • Provide evidence of study – If they are a full-time student, they must show proof of their enrollment in the program and account for any gap longer than six months.
  • Provide proof of disability – If the child is disabled, they must provide medical documents stating a partial or total loss of capacity.
  • Provide other documents – This includes travel documents, sponsorship documents, and visa application forms.

Health and Character Checks

All family visa applicants must meet health and character requirements, which include the following.

Health Examination

Australian visas require a health examination conducted by approved physicians. The Australian government requires health checks to protect public health from threats like infectious diseases and to reduce the burden on its public health system.

Depending on the applicant’s age, they may need:

  • A physical exam
  • A Tuberculosis screening test
  • Chest X-ray
  • HIV test
  • Blood test
  • Hepatitis B (for people from high-risk countries)

If you plan to work in the Australian healthcare system or come from high-risk areas, you may be required to do additional tests.

Character Assessment

Character assessment is mandatory for all applicants 16 or older. You must supply a police clearance certificate from all countries you have lived in for 12 months or more over the past ten years and fill out Form 80.

Application Process and Documentation

Before applying for a visa, it is vital to ensure your documentation is complete, accurate, and clear. 

General Requirements

The main requirements for application include:

  • Your visa application form – You must complete your application truthfully and accurately, in English, while providing all required documents. You can find some of the application forms on the official Department of Home Affairs website.
  • Personal Identification Documents – This includes passports and birth certificates.
  • Certified translations for non-English documents – If your documents are in a language other than English, you must submit translations from a court-certified translator.

Supporting Documents

Supporting documents may include:

  • Proof of financial support 
  • Relationship proof
  • Proof of disability
  • Evidence of study

Cost and Processing Time

Fees

The fees vary depending on the visa type. For example, a Contributory Parent Visa can cost around AUD 43,000. A Non-Contributory Parent Visa doesn’t have a contributory fee, but the application still costs around AUD 4,500 for a three-year visa or AUD 10,000 for a five-year visa.

Other costs include medical examinations, police checks, and translation.

Processing duration

The Australian government processes only several thousand visas of each type per year, meaning there is a significant wait time.

For contributory visas, the wait time is approximately four to five years, while non-contributory visas may take up to 30 years to process. For child visas, the processing time is usually shorter.

Final Notes

Getting a visa in Australia can be a complex process, but it is essential to properly screen applicants. 

Benefits of Using Migration Agents and Solicitors

Luckily, you do not have to go through the process alone. Registered migration agents can provide assistance with the visa application process and help you choose the right visa type. If you need additional legal advice or have an especially complex case, you can consult a specialized solicitor.

Importance of Accurate Documentation

The visa application process will be smoother if your documentation is accurate, your images are clear, and you have provided all the required documents. This also reduces the likelihood of rejections or delays, ensuring your family members can join you sooner.