Family

There are several types of visas that enable people to reunite with family members who reside in Australia.

Partner

Partner visas are available for people who are in a relationship with an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen in the categories of:

Spouse

Fiancé

Interdependent

Spouse

This visa allows the visa holder to enter or remain in Australia on the basis of their married or de-facto relationship with a partner:

  • on a temporary visa (usually for a waiting period of approximately two years from the date of application)
  • on a permanent visa if, after the waiting period (if applicable), the relationship still exists and the applicant is still eligible for this visa.

Applicants must have been in the relationship for a minimum of 12 months prior to the application being made, and need to be sponsored by their partner.

Fiancé (prospective marriage)

This visa can only be applied for outside of Australia. Applicants must be able to demonstrate that they have met their fiancé in person and have a genuine intention to marry.

Applicants must marry within nine months of being granted a prospective marriage visa. The marriage may take place in or outside of Australia as long as the marriage takes place after the applicant's first entry to Australia on their prospective marriage visa.

The applicant must be sponsored by their partner.

Holders of prospective marriage visas will be eligible to apply for a spouse visa.

Interdependent (same sex couples)

This visa applies to same sex relationships. As for a de facto application, applicants need to be able to prove the legitimacy of their relationship. A two-stage process applies: applicants need to initially apply for a temporary visa before being considered for a permanent visa.

Parent

There are temporary and permanent options for two categories of parent visas:

Contributory parent

Parent

More places are made available for contributory parent visas each year, and they are given a higher processing priority than visas in the parent class. Depending on circumstances, applicants can apply for either an onshore or offshore visa.

The cost of contributory parent visas is higher than for a parent visa, and contributory parent visas have greater obligations in respect to contributing towards their future health and welfare cost.

All parent visa applicants need to be the parent of a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen. 'Settled' means a person must have been resident in Australia for a reasonable period, which under the policy is usually two years.

Applicants for a ‘parent category’ visa must meet the 'balance of family' (BoF) test. This means they must have

  • at least half of their children living lawfully and permanently in Australia, or
  • more children living lawfully and permanently in Australia than in any other single country overseas.

All applicants for parent migration must be sponsored.

Child

This visa is a permanent visa that allows a child who is under 25 years to travel to and remain in Australia with their parent, who is also their sponsor. The parent must be an Australian citizen, permanent resident or an eligible New Zealand citizen.

If a child is 18 years of age or older, he or she must be a full-time student and financially dependent on their sponsoring parent. If 18 years or older, the child must not be married, be in a de facto relationship or engaged to be married. Not only must the child be currently single, but they must never have been married or had a de-facto spouse.

The parent acts as a sponsor for the child and can lodge the visa application on behalf of the child.

Remaining Relative

This visa is available to people whose only near relatives usually reside in Australia and are Australian citizens, Australian permanent residents or eligible New Zealand citizens.

Applicants need to be sponsored by an eligible relative (or a relative's eligible spouse), in Australia, and is available to applicants if:

  • the applicant has a brother, sister, parent (or step-equivalent) who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen usually resident in Australia
  • the applicant and their spouse have no brothers, sisters, non-dependent children, parents (or step-equivalents) other than those in Australia.

An applicant’s spouse and other family members may be included in an application if they meet certain requirements.