Choosing the Right Family Visa for Your Needs

Table Of Contents

What Family Visa Options are There?

The family visa options available cater to various relationships with an Australian citizen, Australian permanent resident or eligible New Zealand citizen. These options include partner visas, prospective marriage visas, parent visas, child visas and other family visas. Each family visa category serves a specific purpose. Each family visa category has distinct eligibility criteria.
A partner visa allows a de facto partner or married partner of an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen to live in Australia. A prospective marriage visa allows a person to come to Australia to marry the person's Australian fiancé. Parent visas allow parents to migrate to Australia to live with the parents' children. Child visas allow dependent children to join the children's parents in Australia. Other family visas cover remaining relatives and carers.

Which Partner Visa Suits Your Relationship?

The partner visa that suits your relationship depends on your marital status and relationship type. Australia offers both onshore and offshore partner visas. A Subclass 820/801 Partner visa is for applicants already in Australia. A Subclass 309/100 Partner visa is for applicants outside Australia.
The prospective marriage visa allows an applicant to enter Australia. The prospective marriage visa requires marriage within nine months of visa grant. After marriage, the visa holder can apply for a partner visa.

What is the Best Parent Visa Choice?

The best parent visa choice depends on the parent's age, the child's residency status and the parent's ability to meet health and character requirements. Parent visas include the Contributory Parent visa (Subclass 143/173) and the Parent visa (Subclass 103). Contributory Parent visas have higher application fees. Contributory Parent visas have a faster processing time.
The Parent visa (Subclass 103) has a much longer waiting period. The Parent visa (Subclass 103) has lower application fees. There is also an Aged Parent visa (Subclass 804) for parents of a certain age. The Aged Parent visa allows parents to apply while in Australia. The Aged Parent visa requires the parent to meet the balance of family test.

Child Visa Categories Explained

Child visa categories explained include dependent child visas, orphan relative visas and adoption visas. A dependent child visa (Subclass 445/101/802) allows a child to live in Australia with their Australian parent. An orphan relative visa (Subclass 117/837) is for children whose parents are deceased, permanently incapacitated or cannot care for the child.
An Adoption visa (Subclass 102) is for children adopted outside Australia. Each child visa category has specific age requirements. Each child visa category has specific relationship requirements. The child visa application process is complex.

Other Family Visa Options

Other family visa options include the Remaining Relative visa and the Carer visa. The Remaining Relative visa (Subclass 115/835) is for applicants who have no near relatives living outside Australia. The Remaining Relative visa requires all other close relatives to be Australian citizens, Australian permanent residents or eligible New Zealand citizens.
The Carer visa (Subclass 116/836) allows a person to migrate to Australia. The person provides substantial care for an Australian relative. The Australian relative has a medical condition requiring care. A Commonwealth Medical Officer certifies the medical condition. The Carer visa applicant demonstrates a genuine commitment to providing care.

Family Visa Eligibility Criteria

Family visa eligibility criteria vary significantly across different visa subclasses. All family visa applicants must meet health requirements. All family visa applicants must meet character requirements. Applicants often need to demonstrate a genuine and continuing relationship with their Australian sponsor.
Sponsors meet specific eligibility criteria. Sponsors are typically over 18 years of age. Sponsors do not have a history of certain criminal offences. The sponsor commits to supporting the applicant.

FAQS

How do I choose between a partner visa and a prospective marriage visa?

You choose between a partner visa and a prospective marriage visa based on your marital status. A partner visa is for married or de facto couples. A prospective marriage visa is for engaged couples planning to marry in Australia.

What is the balance of family test for parent visas?

The balance of family test for parent visas requires at least half of your children to live permanently in Australia. The test confirms parents have substantial family ties to Australia. This test is a key eligibility factor.

Which family visas have sponsorship requirements?

All family visas have sponsorship requirements. The sponsor meets specific eligibility criteria.

How long does a family visa application take to process?

A family visa application processing time varies widely. The processing time depends on the visa subclass, the completeness of the application and current caseloads. Some visas have longer waiting periods than others.

Can I apply for a family visa if my sponsor has a criminal record?

You can apply for a family visa if your sponsor has a criminal record, but the department assesses the sponsor's character. The department considers the nature of the offence and the time elapsed. The sponsor's criminal record may affect the visa outcome.

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