Partner (Spouse) and Parent Visas

Are you planning to add your partner, spouse are parents to your visa? There are three pathways through which partners of Australian Citizens or Permanent Residents can obtain a visa for Australia which will be dependent on individual circumstances.
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Partner Visas

Partner visas are available to individuals who have an Australian Citizen, Australian permanent resident or eligible New Zealand Citizen partner (spouse) or are engaged to be married.

There are three pathways through which partners of Australian Citizens or Permanent Residents can obtain a visa for Australia which will be dependent on individual circumstances.

 

Partner (Onshore) Subclass 820 (Temporary) and 801 (Permanent) Visa

This visa is available to individuals in Australia who are married to, or in a de facto relationship with an Australian Citizen or Permanent Resident, or eligible NZ Citizen.

Key criteria:

  • Be sponsored by your eligible partner
  • Have been in a de facto relationship with your partner for 12 months, or be married, or have registered your relationship with a relevant State / Territory authority
  • Be in a genuine and continuing relationship with your partner

Upon lodgement of the subclass 820 visa, applicants are entitled to Medicare. Eligibility for work rights is dependent on the applicants’ specific visa circumstances.

Applicants also lodge the subclass 801 visa application at the same time as the subclass 820 application, however the subclass 820 visa is granted first. The subclass 801 visa can be granted after 2 years from lodgement of your subclass 820/801 application.

If you are in a ‘long term’ relationship you may be granted the permanent visa directly.

 

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Partner (Offshore) Subclass 309 (Temporary) and 100 (Permanent) Visa

This visa is available to individuals outside Australia who are married to, or in a de facto relationship with an Australian Citizen or Permanent Resident, or eligible NZ Citizen.

Key criteria:

  • Be sponsored by your eligible partner
  • Have been in a de facto relationship with your partner for 12 months, or be married, or have registered your relationship with a relevant State / Territory authority
  • Be in a genuine and continuing relationship with your partner

An applicant must be usually resident outside of Australia and be outside of Australia when the Subclass 309 visa is granted. The applicant can enter Australia immediately from the date of the subclass 309 visa grant and access Medicare, work rights and study rights.

Applicants also lodge the subclass 100 at the same time as the subclass 309 application, however the subclass 309 visa is granted first and this enables travel and residence in Australia. The subclass 100 can be granted after 2 years from lodgement of your subclass 309 application.

If you are in a ‘long term’ relationship you may be granted the permanent visa directly.

 

Prospective Marriage Subclass 300 Visa

This visa is a temporary residence visa available to individuals outside Australia who are engaged to be married to an Australian Permanent Resident or Citizen, or an eligible New Zealand Citizen.

Key criteria:

  • Be engaged to your eligible partner
  • Intend to marry in Australia
  • You and your fiancé have met and know each other
  • You and your fiancé are at least 18 years of age

The subclass 309 visa allows the holder to enter Australia and stay in Australia for up to nine months and in this time, you must marry your eligible partner.

Prior to the end of this nine-month period and once married, applicants can apply for an onshore Subclass 820 / 801 visa (refer above for details on this visa).

 

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Parents Visa

Sponsored Parent Temporary Subclass 870 Visa

This visa provides parents of Australian Citizens, Australian Permanent Residents, or eligible NZ Citizens with a visa of up to 3 or 5 years per visa with the ability to apply for further visas up to a maximum of 10 years.

Key criteria:

  • Have an approved parent sponsor
  • Meet health and character criteria
  • Have access to sufficient funds to support yourself in Australia

This visa does not lead to permanent residence as you cannot apply for a permanent parent visa when you have this visa.

Parent Subclass 103 Visa

The subclass 103 parent visa is a permanent visa available to certain parents of Australian Citizens, Australian Permanent Residents or eligible NZ Citizens usually resident in Australia.

Key criteria:

  • Be sponsored by a child who is an Australian Citizen or Australian permanent resident
  • Meet a “balance of family test” which requires the applicant to have either more children permanently resident in Australia than any other single country or an equal or greater number of children permanently resident in Australia than the total number of children overseas
  • Provide an Assurance of Support
  • Meet health and character criteria

(Note: This visa has very long processing times with applications taking in the vicinity of 30 years to be approved.)

Parent Subclass 143 Visa

This visa is identical to the subclass 103 visa (above) however applicants pay a premium application fee (in excess of $45,000) in order to obtain faster processing times. Processing is still expected to take 4 to 5 years.

There is also the option to apply for and obtain a temporary subclass 173 contributory parent visa first, followed by the subclass 143 visa, which essentially enables you to split the significant application fee over the two applications.