Partner Visa (Provisional and Permanent) – Subclasses 820 and 801

The Partner Visa  – Subclasses 820 and 801  allows the spouse or de facto partner (opposite and same-sex) of an Australian citizen, permanent resident or eligible New Zealand citizen, to live in Australia. As a part of a two stage process, successful applicants are initially granted a Provisional 820 visa, and are reassessed 2 years later for the Permanent 810 visa. Both visas are applied for in the same application. In certain circumstances you may be eligible to apply under the Permanent subclass.

These visas will allow you to remain in Australia on the basis of your married or de facto relationship. There are different requirements depending on if you are married, or in a de facto relationship.

Requirements for the Partner Visa (Provisional and Permanent) – Subclasses 820 and 801

You must be in Australia to apply for this visa. If you are outside of Australia, you may be able to apply for the Partner Visa Subclasses 309 (Provisional) and 100 (Migrant) visas which have similar requirements to the onshore visas described here. Results Migration can assist you in determining which is the appropriate visa for you.

If you are married:

  • Your marriage must be legal under Australian law. If you were married outside Australia, and your marriage is valid in that country, it will usually be considered legal under Australian law.
  • Non-recognised marriages in Australia would include: same-sex marriages (see de facto below), underage or polygamous marriages.

If you are in a de facto relationship:

  • Your de facto relationship must have existed for at least 12 months before applying for this visa.
  • Same-sex couples can apply under this subclass and use the same criteria.

You must show a mutual commitment to a shared life as husband and wife (or as de facto partners) to the exclusion of all others:

  • You and your partner must be living together or, if not, any separation of living arrangements must only be temporary;
  • You must have a genuine and continuing relationship with your partner; and
  • You must comply with certain health and character requirements.

Entitlements of the Partner Visa (Provisional and Permanent) – Subclasses 820 and 801

  • The subclass 820 (provisional) visa will allow you to:
    • Remain in Australian until a decision has been made about your permanent Partner visa;
    • Work in Australia;
    • Study in Australia, but with no access to government funding for tertiary study;
    • Be a part of Australia’s scheme for health-related care and expense, by enrolling in Medicare; and
    • After approximately two (2) years after you lodge your Provisional visa application, you will be assessed for the subclass 801 (Permanent) visa. If this is granted you can:
      • Stay in Australia indefinitely, and travel to and from Australia without restrictions;
      • Work and study in Australia;
      • Apply for Australian citizenship once you become eligible;
      • Sponsor relatives; and
      • Receive some social security payments.

Prospective Marriage Visa (Provisional) – Subclass 300

 

The Prospective Marriage visa will allow you to enter Australia and marry your intended spouse or fiancé(e) within the visa’s nine (9) month validity period.

This is a temporary visa and is the first step in applying for your permanent residence. Your visa application must be lodged offshore and you will need to be outside Australia when your visa is granted.

Requirements for the Prospective Marriage Visa – Subclass 300

Your fiancé(e) or prospective spouse must be at least 18 years of age and either:

  • an Australian citizen;
  • an Australian permanent resident; or
  • an eligible New Zealand citizen.

When applying for this visa you must demonstrate each of the following:

  • You personally know and have met each other physically;
  • Are engaged to marry each other;
  • Will marry one another within the visa‘s nine (9) month validity period;
  • Intend to live in a genuine spousal relation as husband and wife
  • You are of the opposite sex to your intended spouse, therefore same-sex couples are not eligible for this type of visa.
  • You are both be of legal age to marry according to Australian law.

Entitlements of the Prospective Marriage Visa – Subclass 300

  • This visa will allow you to enter Australia before you marry your prospective spouse.
  • You may leave and re-enter Australia as many times as you wish within the nine (9) month validity period.
  • Work in Australia.
  • Study in Australia, but you will not have access to government funding for tertiary study.

Parent Visas

There are three Parent Visas available which allow parents to live in Australia if their child is an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia.

 Option One: Parent Visa – Subclass 103

This visa will allow you to live in Australia with your child permanently and has the lowest application fee of all the Parent Visas. A two year Assurance of Support must be obtained (see below). This visa may be suitable if you are prepared to wait in a queue for your visa to be processed. Waiting times of up to 30 years for approval may apply..

 Option Two: Contributory Parent Visa (Temporary) – Subclass 173

This visa will allow you to live in Australia for up to two years and has a shorter queue for processing. No Assurance of Support is necessary. This visa may be suitable if you are prepared to pay a much higher application fee.  If you are granted this visa, you may be able to apply for the Contributory Parent Visa (Residence) – Subclass 143.

 Contributory Aged Parent Visa (Residence) – Subclass 884

This visa will allow you to live in Australia with your child permanently and has a shorter queue for processing. It may be suitable if you are prepared to pay a much higher application fee and you can obtain a ten year Assurance of Support.

Requirements for all Aged Parent Visas

You must have a child who can sponsor you who is either:

  • an Australian citizen;
  • an Australian permanent resident; or
  • an eligible New Zealand citizen.

If your child is not over 18 years of age, you may also be sponsored by:

  • your child’s spouse (must be over 18 and an Australian citizen, permanent resident or eligible New Zealand citizen);
  • a close family relative or legal guardian of your child or your child’s spouse; or
  • a community organisation.

You will also need to satisfy the ‘balance of family’ test which requires that:

  •  half your children must be permanent residents in Australia; or
  • you have more children that are permanent residents in Australia than any other overseas country.

For the permanent Parent Visa options you must also have a commitment by a person or organisation prepared to provide you with an Assurance of Support

Assurance of Support is a legal commitment to provide you with financial support so that you do not have to rely on social security payments

You can have up to three (3) people who can provide an assurance of support for you

You must also meet certain health and character requirements.

Entitlements of the Contributory Parent Visa (Temporary) Visa – Subclass 173

This visa allows parents:

  • To remain up to two years with their children who are living in Australia;
  • Travel to and from Australia for two years from the date the visa is granted;
  • To work and study in Australia; and
  • To enroll in Medicare, Australia’s scheme for health-related care and expenses.

Entitlements of the Parent Visa and Contributory Parent (Residence) Visa – Subclasses 103 and 143

These visas allows parents:

  • To remain permanently with their children who are living in Australia;
  • Travel to and from Australia for five (5) years from the date the visa is granted (aged parents will need to apply for a resident return visa or another visa to return to Australia after this period);
  • To work and study in Australia;
  • To enroll in Medicare, Australia’s scheme for health-related care and expenses;
  • To apply for Australian citizenship when you become eligible; and
  • Social security payments after certain waiting periods have passed.

Remaining Relative Visa – Subclass 115

The Remaining Relative visa allows someone outside Australia whose only ‘near relatives’ are living in Australia, to live with their Australian relatives as permanent residents.

A ‘near relative’ is your parent or your partner’s parent (including biological and step-parent), brother, sister, stepbrother or stepsister. A near relative is usually over 18, but in some circumstances may be under 18.

To come to Australia with this visa your last remaining ‘near relative’ must be over 18 years of age, settled in Australia, agree to give you support, accommodation and financial assistance for your first two years of residency in Australia, and must be one of the following:

    • an Australian citizen;
    • an Australian permanent resident; or
    • an eligible New Zealand citizen.
  • You must also have a commitment by a person or organisation prepared to provide you with an Assurance of Support.  An Assurance of Support is a legal commitment to provide you with financial support so that you do not have to rely on social security payments while in Australia.
    • You can have up to three (3) people provide an assurance of support for you.
    • Your assurer must lodge a bond, in the form of money, with the Department. The bond is refunded to the assurer, less any social security payments you have received, two years after  you first enter Australia on this visa.
  • You must comply with the certain health and character requirements.

You will not be eligible to apply for the Remaining Relative visa:

  • if you or your partner have any ‘near relatives’, who are usually living outside Australia, or are only living in Australia on a temporary basis; or
  • if your sponsor (or their partner) has sponsored someone else for a Remaining Relative visa, Preferential Family visa or other Family visas.

Entitlements of the Remaining Relative Visa – Subclass 115

This visa allows you to remain permanently with your relatives who are living in Australia. It will allow you and your eligible family members to:

  • Travel to and from Australia for five (5) years from the date the visa is granted (you will need to apply for a resident return visa or another visa to return to Australia after this period);
  • Work and study in Australia;
  • Enroll in Medicare, Australia’s scheme for health-related care and expenses;
  • Apply for Australian citizenship when it becomes eligible.

You will not be entitled to automatically receive social security payments or the age pension, and will have to wait:

  • Two (2) years from the date the visa was granted for most social security payments; and
  • Ten (10) years from the date the visa was granted for age and disability pension payments.

Onshore applications

If you are already in Australia you may be eligible for the Remaining Relative visa – Subclass 835 which has similar requirements to the 115 visa.