Types of Family-Sponsorship Visas:
1. Partner and Prospective Marriage Visas
The Partner visa is intended for applicants who are in a marital or de facto relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, and wish to settle permanently in Australia. This visa category includes:
• Partner Visa Subclass 820/801 (onshore application)
• Partner Visa Subclass 309/100 (offshore application)
The Partner visa provides a pathway to permanent residency through a two-stage application process. Initially, applicants submit a combined application for a temporary and permanent visa. Upon approval of the temporary visa, applicants can live temporarily in Australia while their permanent residency application is processed by the Department of Home Affairs (DHA). After approximately two years, applicants must submit additional evidence confirming the ongoing genuine nature of their marital or de facto relationship, alongside meeting health and character requirements, to obtain permanent residency.
The Australian partner is required to apply separately for sponsorship approval, which can be lodged concurrently with or before the visa application.
Prospective Marriage Visa (Subclass 300)
Applicants who are engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen may consider the Prospective Marriage Visa (Subclass 300). This visa involves a three-stage process leading to permanent residency:
• First Stage: Apply for a temporary Subclass 300 visa, granting entry to Australia to marry their Australian partner within nine months (extendable up to 15 months subject to Ministerial discretion).
• Second Stage: After marriage, transition to a Partner Visa (Subclass 820/801) as detailed above.
Important Updates:
Recent legislative changes require that sponsorship must be approved before submitting the visa application, significantly impacting application timelines. Applicants are strongly encouraged to seek professional immigration advice for efficient planning and compliance.
2. Parent Visas
Parent Visas allow Australian citizens, permanent residents, or eligible New Zealand citizens (aged 18 or older and resident in Australia for at least two years) to sponsor their parents to live temporarily or permanently in Australia.
Eligibility Requirements:
• Balance of Family Test: At least half of the visa applicant’s children must reside permanently in Australia.
• Health and Character Requirements
• Assurance of Support (AOS): Required for permanent visas, providing financial support to ensure the applicant does not rely on social security benefits.
Visa Options:
Permanent Visas:
• Subclass 103 – Parent visa (offshore)
• Subclass 143 – Contributory Parent visa
• Subclass 804 – Aged Parent visa (onshore)
• Subclass 864 – Contributory Aged Parent visa (onshore)
Temporary Visas:
• Subclass 173 – Contributory Parent (temporary, 2 years, offshore)
• Subclass 884 – Contributory Aged Parent (temporary, 2 years, onshore)
• Subclass 870 – Sponsored Parent (long-term temporary, cumulative stay up to 10 years)
Due to substantial processing times (up to 30 years in some cases), Contributory Parent visas (subclasses 173, 143, 884, and 864) offer faster processing but involve higher application fees.
3. Child Visas
Child Visas enable eligible dependent children to reside permanently in Australia or temporarily while their parents’ Partner visa application is processed.
Visa Options:
• Subclass 101 – Child visa (permanent, offshore application)
• Subclass 802 – Child visa (permanent, onshore application)
• Subclass 445 – Dependent Child visa (temporary, onshore or offshore application)
Requirements:
• Generally under 18 years old (exceptions exist for dependent full-time students or children with disabilities)
• Not married, engaged, or in a de facto relationship
• Sponsored by a parent, step-parent, or their eligible partner who must be an Australian citizen, permanent resident, or eligible New Zealand citizen aged 18 or older. Alternatively, onshore applications (Subclass 802) can be supported by a state or territory welfare agency.
Subclass 445 enables dependent children to stay in Australia temporarily while the parent’s Partner visa is pending.
4. Aged Dependent Relative, Remaining Relative, Carer, and Orphan Relative Visas
These visas enable eligible relatives to gain permanent residency in Australia and require applications to be lodged offshore:
Visa Types:
• Subclass 114 – Aged Dependent Relative Visa
• Subclass 115 – Remaining Relative Visa
• Subclass 116 – Carer Visa
• Subclass 117 – Orphan Relative Visa
Specific Criteria:
• Subclass 114: Designed for aged relatives who are financially dependent on their Australian sponsors.
• Subclass 115: Available to individuals whose only remaining close relatives reside in Australia.
• Subclass 116: For individuals who will provide long-term care to an Australian relative with a serious medical condition.
• Subclass 117: Available to orphaned children whose parents have passed away, become permanently incapacitated, or cannot be located.
Each visa requires sponsorship by an Australian citizen, permanent resident, or eligible New Zealand citizen aged 18 years or older.
Given the complexity and frequent changes to immigration regulations, professional immigration advice is highly recommended to ensure compliance and maximize the chances of a successful application.