Family and Partner Visas

Australia offers a range of visa options that allow family members, including partners, to join or stay with their loved ones in Australia either temporarily or permanently. Understanding the right type of visa and meeting its specific requirements are crucial for a successful application.

Family Visas

Family visas are designed to reunite family members with their relatives in Australia. Some of the options include:

• Child Visa (Subclass 101 or 802): Available for children applying from outside or inside Australia.
• Aged Parent Visa (Subclass 804): Allows older parents to stay permanently in Australia.
• Contributory Parent Visa (Subclass 143): For parents who can contribute a higher visa application charge for faster processing.
• New Zealand Citizen Family Relationship (Temporary) Visa (Subclass 461): For family members of New Zealand citizens living in Australia.
• Sponsored Parent (Temporary) Visa (Subclass 870): Allows parents to stay temporarily in Australia.

Common Requirements for Family Visas:

• Establishing the Family Relationship: Proof of relationship such as parent-child or other kinships.
• Sponsorship: An Australian citizen, permanent resident, or eligible New Zealand citizen relative must sponsor the applicant.
• Assurance of Support: A commitment to financially support the arriving family member, minimizing their financial impact on the Australian community.

For more detailed information on family visas, please refer to the ‘Family and partner visas’ section on the Department of Home Affairs website.

Partner Visas

Partner visas allow the spouses or de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia.

Types of Partner Visas:

• Onshore Partner Visa (Subclass 820/801): For partners who are already in Australia. It allows applicants to stay in Australia while their application is processed.
• Offshore Partner Visa (Subclass 309/100): For partners outside Australia at the time of application.

Two-Stage Process for Partner Visas:

1. Temporary Partner Visa: Initially,a temporary visa (either subclass 820 or 309) is granted after the Department of Home Affairs is satisfied that the criteria are met.
2. Permanent Visa Stage: Two years after the initial application, the applicant may qualify for a permanent visa (either subclass 801 or 100).  Incases where the relationship evidence is strong, this visa could be granted at the same time as the temporary visa.

Partner of a New Zealand Citizen:

• New Zealand Citizen Family Relationship (Temporary) Visa (Subclass 461): For partners of New Zealand citizens who do not qualify as eligible New Zealand citizens but hold or can obtain a Special Category Visa (subclass 444). This visa allows a stay of up to 5 years.

Key Requirements for a Partner Visa:

• Marital Status: Must be legally married or in a de facto relationship.
• Mutual Commitment: Evidence of a genuine and continuing relationship.
• Cohabitation: Living together or, if living apart, only temporarily so.
• Health and Character: Meet health and character requirements for migration.

Family and partner visa requirements and processes can be complex. Our team of immigration law experts at Maison Chen Law Group can guide you through choosing the appropriate pathway based on your specific circumstances and eligibility. If you have questions or need personalised advice, consider booking a consultation with us today.