Australian citizens, permanent residents and eligible New Zealand citizens may sponsor certain family members for visas to live in Australia. The main categories are partner visas, child visas, parent visas and a small number of other family visas for remaining relatives, carers and aged dependent relatives. Each category has its own eligibility criteria, sponsorship requirements and processing arrangements, and some parent and other family visas are subject to annual caps and long queues. Choosing the appropriate visa, and the right time and place to apply, depends on the family’s circumstances.
The legal framework
Family visas are governed by the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth). The number of visas granted each year in capped categories is set through the annual Migration Program and through determinations made under the Migration Act. Relationship definitions, including those for spouses and de facto partners, are in sections 5F and 5CB of the Migration Act.
Partner visas
- Onshore: the Partner visa (subclasses 820 and 801), lodged in Australia, granting a temporary visa followed by a permanent visa after a waiting period, or earlier in certain circumstances.
- Offshore: the Partner visa (subclasses 309 and 100), lodged outside Australia.
- Prospective Marriage visa (subclass 300): for a fiance or fiancee who intends to marry the sponsor in Australia.
Applicants must show that the relationship is genuine and continuing, by reference to its financial and social aspects, the nature of the household and the parties’ commitment to each other. De facto couples generally need to have lived together for twelve months, unless the relationship is registered or an exception applies.
Child visas
Dependent children of Australian citizens and permanent residents may be sponsored under the Child visa (subclasses 101 and 802). Separate visas exist for adopted children and for orphan relatives. Where a child is included in a parent’s application, the child must meet the dependency and custody requirements, and consent from any other parent with parental responsibility is usually required.
Parent visas
Parents must generally satisfy the balance of family test, which requires at least half of their children to be living lawfully and permanently in Australia, or more of their children in Australia than in any other single country. The options include:
- non-contributory Parent and Aged Parent visas (subclasses 103 and 804), which have very long queues;
- Contributory Parent and Contributory Aged Parent visas (subclasses 173, 143, 884 and 864), which require a significantly higher visa application charge and an assurance of support, and are generally processed faster than the non-contributory visas; and
- the Sponsored Parent (Temporary) visa (subclass 870), which allows longer stays without a permanent visa pathway.
Other family visas
The Remaining Relative, Carer and Aged Dependent Relative visas are available in limited circumstances. They are capped and are subject to long processing queues.
Common issues
- Insufficient evidence of a genuine relationship, especially where the parties have lived apart.
- Limits on sponsorship, including where the sponsor has previously sponsored another partner or was sponsored as a partner.
- Character concerns in relation to the sponsor, particularly where children are included.
- Applying onshore while holding a visa with a no-further-stay condition.
- Planning for parents’ health and age, which may affect eligibility.
Documents and evidence
- Identity documents, birth and marriage certificates and evidence of any change of name.
- Evidence of the relationship, such as joint leases, bank accounts, correspondence and photographs.
- Statutory declarations from friends and family.
- Police certificates and health examinations.
- Evidence of the sponsor’s citizenship or residence.
How we can assist
We advise families on the appropriate visa and timing, prepare sponsorship and visa applications, respond to requests from the Department of Home Affairs, and represent applicants in the Administrative Review Tribunal, which replaced the Administrative Appeals Tribunal on 14 October 2024. Two of the firm’s lawyers are Accredited Specialists in Immigration Law (Law Institute of Victoria). We act in English, Mandarin and Cantonese.
Frequently asked questions
Who can sponsor a family member to live in Australia?
Australian citizens, permanent residents and eligible New Zealand citizens may sponsor certain family members. The main categories are partner visas, child visas, parent visas and a small number of other family visas for remaining relatives, carers and aged dependent relatives. Each category has its own eligibility criteria, sponsorship requirements and processing arrangements, and some are capped with long queues.
What is the difference between onshore and offshore partner visas?
The onshore Partner visa (subclasses 820 and 801) is lodged in Australia and grants a temporary visa followed by a permanent visa after a waiting period. The offshore Partner visa (subclasses 309 and 100) is lodged outside Australia. In both cases the applicant must show that the relationship is genuine and continuing. The Prospective Marriage visa (subclass 300) is for a fiance or fiancee.
What is the balance of family test for parent visas?
The balance of family test requires at least half of the parent’s children to be living lawfully and permanently in Australia, or more of their children in Australia than in any other single country. Parents must generally satisfy this test for parent visas, including the non-contributory, contributory and aged parent visas. The Sponsored Parent (Temporary) visa (subclass 870) offers longer stays without a permanent pathway.
Do de facto partners need to have lived together for 12 months?
Generally, yes. De facto couples usually need to have lived together for twelve months before applying for a partner visa, unless the relationship is registered or another exception applies. Evidence of the relationship’s financial and social aspects, the nature of the household and the parties’ commitment, such as joint leases, bank accounts and statutory declarations, is important.
Chua Tan Associates is a Melbourne law firm established in 1990, acting for clients in Australia and overseas in English, Mandarin and Cantonese. To arrange a confidential consultation, please contact our office on +61 3 9602 3988 or at chuatan@tpg.com.au. This article provides general information only and does not constitute legal advice.
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