T here are a number of migration options for fiancés, partners, children, parents and other family members of Australian citizens, Australian permanent residents or eligible New Zealand citizens.
Partner Visa
Partners and fiancés of Australian citizens, Australian permanent residents or eligible New Zealand citizens may enter and/or to remain permanently in Australia. Partner category migration may apply to:
• people intending to get married (fiancés)
• married partners
• de facto partners (including those in a same-sex relationship)
If you are in Australia
Partner Temporary Visa (Subclass 820) and Permanent visa (subclass 801)
For people to stay in Australia with their partner, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. If two years after you apply the relationship is still genuine and continuing, a permanent visa may be granted.
If you are outside Australia
Partner Temporary Visa (Subclass 309) and Permanent Visa (Subclass 100)
For people from overseas to enter and stay in Australia with their partner, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. If two years after you apply the relationship is still genuine and continuing, a permanent visa may be granted.
Prospective Marriage Visa (Subclass 300)
For people from overseas to enter Australia, before marrying their fiancé. Their fiancé must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Once married, holders of this visa can then apply for a Partner visa to remain permanently in Australia.
Parent Visa
Parents may be able to migrate to Australia if they have a child in Australia who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
If you are in Australia
Aged Parent Visas
These visas are for parents whose age is equivalent to a person who is eligible for an Australian Age pension (normally 65 or above). An aged parent making a parent visa application will not immediately be entitled to an Age pension after being granted a permanent visa. All new Australian permanent residents must wait 10 years before being eligible to receive the Age pension (unless there is a reciprocal agreement with another country that pays you a pension) or Disability pension. The parents need to pass Family Balance Test.
Aged Parent (Residence) visa (subclass 804)
The Department of Immigration and Border Protection (the Department) has repealed this visas from 2 June 2014. Potential applicants will no longer be able to apply to the above mentioned visas from 2 June 2014. However, applications made before 2 June 2014 will continue to be assessed.
Contributory Aged Parent (Residence) visa (subclass 864)
A permanent visa for aged parents with children living in Australia. This visa attracts huge amount of costs more than the aged parent visa but is generally processed faster. The Contributory Aged Parent visa (subclass 864) lets older parents live permanently in Australia if their child is an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia. Most applicants need to be sponsored by their child and must meet balance of family test. Your sponsor needs to have lived lawfully in Australia for the two years before the application is lodged. You must be in Australia when you apply and when the visa is decided.
Contributory Aged Parent (Temporary) visa (subclass 884)
The Contributory Aged Parent (Temporary) visa (subclass 884) lets older parents live in Australia for up to two years if they are the parents of an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia. If you hold this visa you can apply for the permanent Contributory Aged Parent (Residence) visa (subclass 864). Most applicants must be sponsored by their child. Your sponsor needs to have lived lawfully in Australia for the two years before the application is lodged.
If you are outside Australia
Parent (Migrant) visa (subclass 103)
The Department of Immigration and Border Protection (the Department) has repealed this visas from 2 June 2014. Potential applicants will no longer be able to apply to the above mentioned visas from 2 June 2014. However, applications made before 2 June 2014 will continue to be assessed.
Contributory Parent (Migrant) visa (subclass 143)
The Contributory Parent visa (subclass 143) lets parents live permanently in Australia if they have a child who is an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia. This visa is for the people who are prepared to pay higher visa application charges for faster processing. They also need to meet the balance of family test. Most applicants need to be sponsored by their child. Your sponsor needs to have lived lawfully in Australia for the two years before the application is lodged. You can lodge an application for this visa in or outside Australia. If you are in Australia, you can apply only if your temporary visa allows you to apply for another visa while you are in Australia.
Contributory Parent (Temporary) visa (subclass 173)
The Contributory Parent (Temporary) visa (subclass 173) lets parents who are outside Australia live in Australia for up to two years if they are the parents of an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia. This visa is temporary and cannot be extended or renewed. After arriving in Australia, you have two years to apply for a Contributory Parent visa (subclass 143). In this way, you can spread the costs of the Contributory Parent migration over a number of years. You must meet the balance of family test.
Child Visa
For dependent children, orphan relatives or adopted children of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
Child Visa (Subclass 101 & 801)
A Child visa (subclass 101 & 802) lets an eligible parent sponsor their child to live in Australia indefinitely. The parent can apply on behalf of a child younger than 18 years of age.
An eligible parent is:
• an Australian citizen
• the holder of an Australian permanent resident visa
• an eligible New Zealand citizen
The child must be in or out of Australia when the application is lodged and when the visa is granted.
Adoption Visa (Subclass 102 & 802)
The Adoption visa (subclass 102 & 802) lets a parent to sponsor their adoptive child to stay in Australia to live with their adoptive parent. The child can already be adopted or be in the process of being adopted. The adoptive parent sponsors the child for this visa and usually applies on their behalf.
An adoptive parent must be:
• an Australian citizen
• the holder of an Australian permanent resident visa
• an eligible New Zealand citizen
The child must be in or outside Australia when the application is lodged and when the visa is granted.
Orphan Relative (Subclass 117 & 837)
An Orphan Relative (subclass 837 & 137) visa is for a child whose parents are dead, permanently incapacitated or of unknown whereabouts. It allows a child in this situation to live permanently with their sponsoring relative in Australia.
The sponsoring relative usually applies on behalf of the child, who must be inside or outside Australia when the application is lodged and the visa is decided. The sponsoring relative must meet the parental responsibility or custody requirements.
Other Family Visa
Aged dependent relatives, remaining relatives and carers of Australian citizens, Australian permanent residents and eligible New Zealand citizens may apply for visas to come to Australia permanently.
