Partner And Family Visas

Partner visas allow eligible spouses and de facto partners of Australian citizens, Australian permanent residents and eligible New Zealand citizens to build their lives together in Australia. Eligibility rests on the substance of the relationship, the sponsorship and the applicant’s immigration circumstances—not simply the existence of a marriage certificate or a shared address. Applicants must also meet the applicable health and character requirements, and sponsorship must be approved.

Previous Partner sponsorships, the sponsor’s own Partner visa history and relevant criminal matters may affect sponsorship approval. We review these issues at the outset, including the timing and evidence required under the applicable sponsorship provisions.

Applying In Australia — Subclasses 820 And 801

This pathway generally suits an eligible applicant who is in Australia and can make a valid onshore Partner application. Subclass 820 is temporary and subclass 801 is permanent, with the applications ordinarily lodged together and assessed in stages.

The first question is whether the application can properly be made from Australia. A No Further Stay condition, previous refusal or cancellation, or the absence of a substantive visa can change the assessment. Some applicants face additional Schedule 3 criteria under the Migration Regulations 1994. A genuine relationship does not, by itself, resolve those issues.

We examine your visa history and conditions before recommending a lodgement date. We then assess the relationship and sponsorship evidence together, identify any additional legal requirements and prepare the explanation and submissions appropriate to your circumstances. This helps you make the application decision with a clear understanding of the issues involved.

Applying From Overseas — Subclasses 309 And 100

This pathway generally suits an eligible spouse or de facto partner applying while outside Australia. Subclass 309 provides provisional residence, followed by assessment for the permanent subclass 100.

For couples living apart, the challenge is often explaining how the relationship operates across countries. Employment commitments, travel restrictions, cultural expectations or caring responsibilities can leave the couple with limited joint household records. Unexplained differences between the application, supporting statements and earlier visa declarations can create further questions.

We build a clear chronology of the relationship and connect the evidence to the reasons for time spent apart. We also assess sponsorship history, dependent children and the permanent stage, so the preparation reflects the family’s circumstances throughout the process.

Showing The Substance Of Your Relationship

A file can contain hundreds of photographs and still leave the central questions unanswered: when did the relationship become a shared life, how do you support one another, and what demonstrates a continuing commitment?

The Migration Act 1958 and Migration Regulations 1994 require assessment of the relationship itself. For de facto applicants, the usual twelve-month requirement needs particular care. A recognised registered relationship may remove that duration requirement, but registration does not replace the genuine relationship test. Time spent dating is not necessarily time spent in a de facto relationship.

We assess financial arrangements, the household, social recognition and commitment in the context of how you actually live. Separate finances, periods apart or limited joint records call for a clear explanation supported by the right evidence. Our work gives the decision-maker a coherent account of your relationship, with material gaps addressed directly.

Prospective Marriage Visa — Subclass 300

This visa may suit an eligible couple who intend to marry and establish their married life in Australia. Applicants must generally be at least eighteen, have met their prospective spouse in person as adults and genuinely intend to marry within the visa period. Eligible sponsorship is also required.

The difficulty often lies in the sequence: establishing the relationship, resolving any legal impediment to marriage, planning the wedding within the visa period and preparing the subsequent Partner application. An online relationship alone does not satisfy the personal meeting requirement.

We assess the relationship and marriage arrangements, review any previous marriages and coordinate the visa stages. The aim is to ensure that the wedding plans and immigration requirements support the same practical timetable.

The Permanent Stage And Changes In Circumstances

Temporary or provisional approval is an important milestone, but the permanent assessment still requires attention. The usual two-year point is measured from the original Partner application, rather than the temporary visa grant. Qualifying long-term relationships may be assessed differently.

We review the permanent-stage requirements and current relationship evidence, including any children to be added. If a relationship ends, the sponsor dies or family violence occurs, specific provisions may allow an application to continue. We assess the applicable provisions before advising on the next step, rather than assuming that withdrawal is required.

Parent migration requires a plan that remains workable over time. The choice affects government charges, financial commitments, where a parent can apply and what arrangements may be needed while waiting. Sponsorship, the balance-of-family test, health, character and an Assurance of Support are central to the ordinary permanent Parent pathways.

Parent And Contributory Parent Visas — Subclasses 103 And 143

These permanent visas generally suit eligible parents of a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen. Subclass 143 involves substantially higher government charges than subclass 103. Both are subject to capping and queueing.

The balance-of-family test can be decisive. Relevant children and stepchildren must be assessed under regulation 1.05 of the Migration Regulations 1994; a child’s temporary presence in Australia does not necessarily make that child eligible for the test. Having a child willing to sponsor you is only one part of the assessment.

We map the family composition, assess the sponsor’s position and compare the financial and practical implications of the available routes. We distinguish sponsorship from the separate Assurance of Support requirements and help the family plan for the obligations involved. A higher application charge should be considered against the actual queue, rather than treated as a promise of an early decision.

Aged Parent And Contributory Aged Parent Visas — Subclasses 804 And 864

These permanent pathways generally require the parent to be in Australia and meet the aged-parent threshold, currently sixty-seven. Retirement alone does not establish the age requirement. Subclass 864 has higher contributory charges; both pathways remain subject to capping and queueing.

The attraction of applying onshore can obscure important questions about application validity, existing visa conditions, healthcare, travel and the terms of any bridging visa. A visitor’s presence in Australia does not automatically make an onshore Parent application available or suitable.

We check the parent’s age, visa conditions and immigration history before recommending an application. We then examine the practical arrangements needed during a lengthy wait, including travel and healthcare considerations, so the family understands the position the proposed application would create.

Staged Contributory Parent Visas — Subclasses 173 And 884

These two-year temporary visas form the first stage of a contributory pathway: subclass 173 can lead to a separate subclass 143 application, and subclass 884 to a separate subclass 864 application. The aged-parent and onshore requirements apply to subclass 884.

The staged route spreads the contribution across applications, but costs more overall than the corresponding direct permanent route. It also creates a second application with its own requirements and timing; permanent residence does not follow automatically.

We compare the direct and staged options against the family’s finances and circumstances, explain the total commitments and coordinate the evidence and milestones for both stages.

Sponsored Parent Temporary Visa — Subclass 870

Subclass 870 may suit a family seeking an extended period together without applying for permanent residence through this visa. It allows eligible parents to stay for up to three or five years at a time, subject to the cumulative ten-year limit. An approved Parent Sponsor is required first; the balance-of-family test does not apply.

The sponsor’s income and obligations, the parent’s health insurance and the proposed sequence of applications need careful assessment. Subclass 870 does not provide work rights or a pathway to permanent residence. Applying for or holding it can also affect when a later Parent application can be made.

We assess the sponsorship and visa requirements together, check qualifying income and the implications for any permanent-parent plan, and prepare the applications in the appropriate order. The advice considers what the family wants now and what it may need later.

Child Visas — Subclasses 101 And 802

These permanent pathways generally allow an eligible dependent child of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia. Subclass 101 is ordinarily applied for from outside Australia; subclass 802 requires the child to be in Australia.

For an adult child, eligibility can depend on specific study, financial dependency or disability circumstances. The child-visa rules differ from the family-member rules used for many other visas. Education, employment and relationship history therefore need closer examination than a simple age check.

For a child under eighteen, proof of parentage and permission to migrate are separate matters. Parenting orders, parental consent and the rights of another parent may need to be addressed even where the sponsoring parent has provided the child’s day-to-day care.

We assess the appropriate pathway and the relevant legal checkpoints, reconcile study and financial records, and review parental responsibility documents. If the child will turn eighteen or twenty-five during processing, we examine the applicable provisions and continuing requirements rather than assume that age alone determines the outcome.

Dependent Child Visa — Subclass 445

Subclass 445 can allow an eligible dependent child to join a parent who holds an applicable temporary or provisional Partner visa, commonly subclass 820 or 309. The child must then be considered for inclusion in the parent’s permanent Partner application.

The main challenge is coordinating the child’s dependency, sponsorship and application timing with the parent’s file. A subclass 445 grant does not itself complete the permanent residence process. We assess the correct sequence, check earlier family declarations and consent documents, and coordinate the child’s application with the permanent stage.

Adoption And Orphan Relative Pathways

The Adoption visa, subclass 102, concerns qualifying overseas adoption arrangements. An overseas adoption order alone does not establish that the Australian visa requirements are met. We assess the applicable adoption route and the records required from the relevant authorities.

Orphan Relative visas, subclasses 117 and 837, may assist an eligible child under eighteen whose parents are deceased, permanently unable to care for them or cannot be found, with an eligible relative sponsor. We examine the parental circumstances, family relationship and proposed care arrangements, and identify the evidence required to establish the specific pathway.

Carer, Remaining Relative and Aged Dependent Relative visas have narrow eligibility rules and are subject to capping and queueing. Their suitability depends on the precise family circumstances and the evidence available to establish them.

Carer Visas — Subclasses 116 And 836

These pathways may suit an eligible relative who will provide substantial, continuing care where the required assistance cannot reasonably be provided by other eligible relatives or Australian services. A prescribed medical assessment is central.

The family’s preference for a particular carer must be supported by evidence of the care required and the alternatives available. We help plan the assessment and organise the medical, family and care-arrangement evidence around those distinct requirements.

Remaining Relative Visas — Subclasses 115 And 835

These pathways require the applicant and, where relevant, their partner to satisfy the strict remaining-relative definition. The locations and migration status of near relatives are critical.

A relative overseas, or in Australia without the required status, can change eligibility; estrangement does not automatically remove that person from the legal assessment. We map the complete family network and test the statutory requirements before the family commits to an application.

Aged Dependent Relative Visas — Subclasses 114 And 838

These visas may suit a qualifying older relative who has no spouse or de facto partner and has an established history of dependency on an eligible Australian relative for basic support.

Occasional gifts or recent financial assistance may not demonstrate the dependency required. We examine the source, purpose and duration of support, together with age, relationship status and sponsorship requirements, and prepare evidence that addresses the actual dependency history.