Family

/Family
Family 2018-09-13T11:51:27+00:00

Parent Visa (Subclass 103)

Applicant

As the visa applicant, you must:

  • have a child who is an eligible Australian citizen, permanent resident or New Zealand citizen (see below)
  • meet the ‘balance of family’ test. This requires that at least half of your children reside in Australia, or that more of your children reside in Australia than in any other single country

Australian Child

Your Australian child must:

  • be an Australian citizen, permanent resident or eligible New Zealand citizen
  • be settled in Australia (generally this means that your child must have resided in Australia for at least two years)
  • be at least 18 years old, and willing to sponsor your application
    Note: You may instead be sponsored by your child’s spouse or de facto partner, provided that this person meets the above requirements. Alternatively, if your child is under 18, you may in some circumstances be sponsored by a relative or guardian of your child, or by a community organisation.
  • undertake to provide you with any necessary financial and accommodation support for the first two years after your arrival in Australia.

Contributory Parent Visa (Subclass 143)

Applicant

As the visa applicant, you must:

  • have a child who is an eligible Australian citizen, permanent resident or New Zealand citizen (see below)
  • meet the ‘balance of family’ test. This requires that at least half of your children reside in Australia, or that more of your children reside in Australia than in any other single country

Note: You are not required to meet this test if you hold an eligible subclass 173 Contributory Parent (Temporary) visa.

  • pay an additional (‘contributory’) charge to the Australian Government immediately prior to the grant of your visa

Australian Child

Your Australian child must:

  • be an Australian citizen, permanent resident or eligible New Zealand citizen
  • be settled in Australia (generally this means that your child must have resided in Australia for at least two years)
  • be at least 18 years old, and willing to sponsor your application
    Note: You may instead be sponsored by your child’s spouse or de facto partner, provided that this person meets the above requirements. Alternatively, if your child is under 18, you may in some circumstances be sponsored by a relative or guardian of your child, or by a community organization.
  • undertake to provide you with any necessary financial and accommodation support for the first two years after your arrival in Australia.

Contributory Parents (Temporary) Visa (Subclass 173)

Applicant

As the visa applicant, you must:

  • have a child who is an eligible Australian citizen, permanent resident or New Zealand citizen (see below)
  • meet the ‘balance of family’ test. This requires that at least half of your children reside in Australia, or that more of your children reside in Australia than in any other single country
  • pay an additional (‘contributory’) charge to the Australian Government immediately prior to the grant of your visa

Australian Child

Your Australian child must:

  • be an Australian citizen, permanent resident or eligible New Zealand citizen
  • be settled in Australia (generally this means that your child must have resided in Australia for at least two years)
  • be at least 18 years old, and willing to sponsor your application
    Note: You may instead be sponsored by your child’s spouse or de facto partner, provided that this person meets the above requirements. Alternatively, if your child is under 18, you may in some circumstances be sponsored by a relative or guardian of your child, or by a community organisation.
  • undertake to provide you with any necessary financial and accommodation support for the first two years after your arrival in Australia.

Aged Parent Visa (Subclass 804)

Applicant

As the visa applicant, you must:

  • have a child who is an eligible Australian citizen, permanent resident or New Zealand citizen (see below)
  • meet the ‘balance of family’ test. This requires that at least half of your children reside in Australia, or that more of your children reside in Australia than in any other single country
  • be old enough to qualify for the Australian age pension, meaning that:
  • if male, you must be at least 65 years old
  • if female, you must be at least 64–65 years old (depending upon your date of birth)

Australian Child

Your Australian child must:

  • be an Australian citizen, permanent resident or eligible New Zealand citizen
  • be settled in Australia (generally this means that your child must have resided in Australia for at least two years)
  • be at least 18 years old, and willing to sponsor your application
    Note: You may instead be sponsored by your child’s spouse or de facto partner, provided that this person meets the above requirements. Alternatively, if your child is under 18, you may in some circumstances be sponsored by a relative or guardian of your child, or by a community organisation.
  • undertake to provide you with any necessary financial and accommodation support for the first two years that you live in Australia.

Contributory Aged Parent Visa (Subclass 864)

Applicant

As the visa applicant, you must:

  • have a child who is an eligible Australian citizen, permanent resident or New Zealand citizen (see below)
  • meet the ‘balance of family’ test. This requires that at least half of your children reside in Australia, or that more of your children reside in Australia than in any other single country

Note: You are not required to meet this test if you hold an eligible subclass 884 Temporary Contributory Aged Parent visa

  • be old enough to qualify for the Australian age pension, meaning that:
  • if male, you must be at least 65 years old
  • if female, you must be at least 64–65 years old (depending upon your date of birth)
  • pay an additional (‘contributory’) charge to the Australian Government immediately prior to the grant of your visa

Australian Child

Your Australian child must:

  • be an Australian citizen, permanent resident or eligible New Zealand citizen
  • be settled in Australia (generally this means that your child must have resided in Australia for at least two years)
  • be at least 18 years old, and willing to sponsor your application
    Note: You may instead be sponsored by your child’s spouse or de facto partner, provided that this person meets the above requirements. Alternatively, if your child is under 18, you may in some circumstances be sponsored by a relative or guardian of your child, or by a community organisation.
  • undertake to provide you with any necessary financial and accommodation support for the first two years that you live in Australia.

Contributory Aged Parents (Temporary) Visa (Subclass 884)

Applicant

As the visa applicant, you must:

  • have a child who is an eligible Australian citizen, permanent resident or New Zealand citizen (see below)
  • meet the ‘balance of family’ test. This requires that at least half of your children reside in Australia, or that more of your children reside in Australia than in any other single country
  • be old enough to qualify for the Australian age pension, meaning that:
  • if male, you must be at least 65 years old
  • if female, you must be at least 64-65 years old (depending upon your date of birth)
  • pay an additional (‘contributory’) charge to the Australian Government immediately prior to the grant of your visa

Australian Child

Your Australian child must:

  • be an Australian citizen, permanent resident or eligible New Zealand citizen
  • be settled in Australia (generally this means that your child must have resided in Australia for at least two years)
  • be at least 18 years old, and willing to sponsor your application
    Note: You may instead be sponsored by your child’s spouse or de facto partner, provided that this person meets the above requirements. Alternatively, if your child is under 18, you may in some circumstances be sponsored by a relative or guardian of your child, or by a community organisation.
  • undertake to provide you with any necessary financial and accommodation support for the first two years that you live in Australia.

Partner Visa (Subclasses 820/801 and 309/100)

Relationship

If your application is based on a marriage:

  • you must be legally married to an Australian citizen, permanent resident or eligible New Zealand citizen

If your application is based on a de facto relationship:

  • you must have been in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen for at least 12 months prior to lodging your application (unless there are compelling or compassionate circumstances) AND
  • you and your partner must both be at least 18 years old, and must not be closely related

In all cases:

  • you and your spouse/partner must be in a mutually exclusive relationship;
  • that relationship must be genuine and continuing
  • you and your spouse/partner must either live together, or live apart on a temporary basis only

Sponsor

Your sponsor must:

  • be an Australian citizen, permanent resident or eligible New Zealand citizen
  • not have previously sponsored more than one other fiancé, partner or spouse for migration to Australia, and not have sponsored a fiancé, spouse or partner for migration to Australia within the last 5 years (unless there are compelling circumstances)
  • not have been sponsored for a Spouse, Partner or Prospective Marriage visa by someone else within the last 5 years (unless there are compelling circumstances)
  • provide police clearance certificates to the Department for each country in which he/she has lived for at least 12 months during the last 10 years AND consent to the Department disclosing any conviction for a ‘relevant offence’ to you and any family members included in your application

Note: A relevant offence includes, but is not limited to: offences involving violence, intimidation, breaching a protection order, people smuggling, human trafficking and dangerous weapons.

The applicant is eligible for permanent residency if the spousal or de facto relationship still exists two years after lodgement of the Partner visa application. The minimum requirements for the grant of this visa are as follows:

PERMANENT PARTNER VISA REQUIREMENTS

You and your spouse or de facto partner must:

  • have remained in a mutually exclusive relationship since lodgement of the initial Partner visa application
  • be in a genuine and continuing relationship
  • either live together, or live apart only on a temporary basis

Prospective Marriage Visa (Subclass 300)

Relationship

You and your fiancé(e) must:

  • be at least 18 years old, and not be closely related
  • be free to marry one another
  • genuinely intend to get married within nine months of the visa grant date (the marriage may take place either in Australia or overseas)
  • have physically met, and be personally known to each other
  • genuinely intend to live together as a married couple

Sponsor

Your sponsor must:

  • be an Australian citizen, permanent resident or eligible New Zealand citizen
  • not have previously sponsored more than one other fiancé, partner or spouse for migration to Australia, and not have sponsored a fiancé, spouse or partner for migration to Australia within the last 5 years (unless there are compelling circumstances)
  • not have been sponsored for a Spouse, Partner or Prospective Marriage visa by someone else within the last 5 years (unless there are compelling circumstances)
  • provide police checks to the department when requested, and
  • consent to the department disclosing any conviction for a “relevant offence” to the applicant(s) you are sponsoring.

Your sponsorship will not be approved if you have a conviction for a relevant offence and a substantial criminal history.  A relevant offence includes, but is not limited to offences involving violence, intimidation, breaching a protection order, people smuggling, human trafficking and weapons.