Family Visa

Family visa pathways allow eligible partners, parents, children, and fiancé(e)s of Australian citizens, Australian permanent residents, and eligible New Zealand citizens to live in Australia temporarily or permanently, depending on the visa subclass and their circumstances.

1. Partner Visa (Offshore Subclass 309/100, Onshore Subclass 820/801)

The Partner visa (Subclass 820 and Subclass 801) allows the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia based on their genuine and ongoing relationship.

This visa is generally granted through a two-stage process. First, the applicant is granted the temporary Partner visa (Subclass 820), which allows them to live, work, and study in Australia while the Department of Home Affairs assesses the permanent stage of the visa. After approximately two years from the initial application, the applicant may be eligible for the permanent Partner visa (Subclass 801), which allows them to live in Australia permanently, work and study without restriction, access certain social benefits, and potentially apply for Australian citizenship if eligible.

The key difference between Subclass 820 and Subclass 309 is the location of the applicant when applying. The Subclass 820 visa is an onshore visa, meaning the applicant must be in Australia when applying, while the Subclass 309 visa is the offshore temporary partner visa for applicants applying outside Australia.

Similarly, the Subclass 801 visa is the permanent onshore partner visa following Subclass 820, while the Subclass 100 visa is the permanent visa granted following the Subclass 309 visa for offshore applicants.

Sponsor Requirements

To sponsor a partner for this visa, the sponsor must:

•Be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen

•Be at least 18 years old

•Be approved by the Department of Home Affairs as a sponsor

•Agree to financially support the applicant and assist with accommodation during the sponsorship period

•Meet character requirements, including providing police clearances if required

•Not be subject to sponsorship limitations, such as sponsoring multiple partners within restricted time periods

Visa Applicant Requirements

To be eligible for the Subclass 820 or Subclass 309 partner visa, the applicant must:

•Be the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen

•Demonstrate that the relationship is genuine and continuing and that both partners share a mutual commitment to a shared life

•Usually have been in a de facto relationship for at least 12 months before the application, unless an exemption applies

•Have an approved sponsor, who is usually their partner

•Be in Australia when lodging the Subclass 820 application, and any included family members must also be in Australia at the time of application

•Meet the health and character requirements required by the Department of Home Affairs

Applicants must also provide supporting evidence of the relationship, typically covering:

•Financial aspects of the relationship (for example, joint bank accounts and shared expenses)

•Nature of the household (for example, living arrangements and shared responsibilities)

•Social aspects of the relationship (for example, recognition by friends and family)

•Nature of commitment to each other (for example, long-term plans and mutual support)

After the temporary visa stage (Subclass 820 or Subclass 309), the applicant must continue to be in a genuine and ongoing relationship with the sponsor to be granted the permanent Partner visa (Subclass 801 or Subclass 100).

Permanent Stage – Subclass 801 or Subclass 100

The Permanent Partner visa (Subclass 801 and Subclass 100) is the second stage of Australia’s partner visa program and allows the partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia permanently.

Applicants usually apply for the temporary and permanent partner visas at the same time, and after holding the temporary visa for a period (generally around two years from the initial application), the Department assesses whether the applicant is eligible for the permanent stage.

Once granted, the permanent partner visa allows the holder to live, work and study in Australia indefinitely, enrol in Medicare, sponsor eligible family members, and potentially apply for Australian citizenship if they meet the relevant requirements.

The difference between Subclass 801 and Subclass 100 is the location of the applicant during the first stage of the partner visa process. The Subclass 801 visa is the permanent stage for applicants who applied onshore through the Subclass 820 visa, while the Subclass 100 visa is the permanent stage for applicants who applied offshore through the Subclass 309 visa. Both visas grant the same permanent residency rights once approved.

Sponsor Requirements

To sponsor a partner for the permanent stage of the visa, the sponsor must:

•Be the same person who sponsored the applicant for the temporary partner visa

•Continue to be the spouse or de facto partner of the applicant

•Continue to support the applicant financially and assist with accommodation during the sponsorship period

•Maintain an approved sponsorship with the Department of Home Affairs

Applicant Requirements

To be eligible for the permanent Partner visa (Subclass 801 / 100), the applicant must:

•Hold the temporary partner visa (Subclass 820 or Subclass 309) or have previously applied for it

•Continue to be in a genuine and ongoing relationship with their sponsoring partner

•Demonstrate that the relationship is genuine and continuing

•Meet health and character requirements if required by the Department

•Provide updated relationship evidence when invited by the Department for the permanent stage assessment

The relationship evidence generally includes:

•Financial aspects of the relationship

•Nature of the household

•Social recognition of the relationship

•Mutual commitment to a shared life

In most cases, the permanent stage is assessed around two years after the initial partner visa application, unless exemptions apply (for example, long-term relationships or where the couple has dependent children).

2. Prospective Marriage Visa (Subclass 300)

The Prospective Marriage Visa (Subclass 300) allows the fiancé(e) of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to travel to Australia to marry their prospective spouse.

This is a temporary visa that allows the applicant to live, work, and study in Australia for between 9 and 15 months from the date of visa grant.

During this period, the applicant must marry their sponsor, and after the marriage takes place they can apply for a Partner visa (Subclass 820/801) to remain in Australia permanently.

Sponsor Requirements

To sponsor a person for the Prospective Marriage visa, the sponsor must:

•Be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen

•Be 18 years of age or older

•Be approved as a sponsor by the Department of Home Affairs

•Be the prospective spouse of the visa applicant

•Meet character requirements, including providing police clearances where required

•Not be subject to sponsorship limitations, such as sponsoring multiple partners within restricted timeframes

Applicant Requirements

To be eligible for the Subclass 300 visa, the applicant must:

•Be 18 years of age or older

•Have a sponsor who is their prospective spouse and who is an Australian citizen, permanent resident, or eligible New Zealand citizen

•Be outside Australia when lodging the visa application

•Demonstrate that they genuinely intend to marry their sponsor before the visa expires

•Show that they and their sponsor have met in person as adults and know each other personally

•Meet health and character requirements

•Have no outstanding debts to the Australian Government

After entering Australia on the Subclass 300 visa and marrying the sponsor, the applicant must apply for a Partner visa before the Prospective Marriage visa expires if they intend to remain in Australia permanently.

3. Contributory Parent Visa (Subclass 143) / Aged Contributory Parent Visa (Subclass 864)

Significant high visa application fees may apply.

The Contributory Parent visa (Subclass 143) and the Aged Contributory Parent visa (Subclass 864) allow parents of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to migrate to Australia as permanent residents.

These visas enable parents to live in Australia permanently, work and study, enrol in Medicare, sponsor eligible relatives, and eventually apply for Australian citizenship if eligible.

The key difference between Subclass 143 and Subclass 864 is the location of the applicant and the age requirement at the time of application. The Subclass 143 visa is generally applied for offshore, while the Subclass 864 visa is an onshore visa designed for parents who are old enough to qualify for the Australian Age Pension age and who are already in Australia when applying.

Sponsor Requirements

To sponsor a parent for the Subclass 143 or Subclass 864 visa, the sponsor must:

•Be the applicant’s eligible child, who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen

•Be settled in Australia

•Be 18 years of age or older

•Complete the sponsorship application (Form 40) and be approved by the Department of Home Affairs

•Agree to provide accommodation, financial assistance, and general support to the visa applicant for the first 2 years after arrival in Australia

•Potentially arrange an Assurance of Support, which is a legal commitment to repay the Australian Government if the visa holder receives certain welfare payments

Applicant Requirements

To be eligible for the Subclass 143 or Subclass 864 visa, the applicant must:

•Be the parent of an eligible child who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen

•Be sponsored by an approved sponsor, usually their child

•Meet the Balance of Family Test

•Be able to obtain an Assurance of Support when requested

•Meet health and character requirements

•Have no outstanding debts to the Australian Government or have arranged repayment

The Balance of Family Test means:

•At least half of their children live permanently in Australia, or

•More children live in Australia than in any other single country

Applicants may include eligible family members in the application, and once the visa is granted they can stay in Australia permanently with access to work rights, Medicare, and pathways to citizenship.

4. Parent Visa (Subclass 103 / Subclass 804) – Not Contributory

Lower visa application fees apply.

The Parent visa (Subclass 103) and the Aged Parent visa (Subclass 804) allow parents of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to migrate to Australia as permanent residents.

These visas allow successful applicants to live in Australia permanently, work and study, enrol in Medicare, sponsor eligible relatives, and potentially apply for Australian citizenship if eligible.

The key difference between Subclass 103 and Subclass 804 is the location and age of the applicant at the time of application. The Subclass 103 visa is generally applied for offshore, while the Subclass 804 visa is an onshore visa available to parents who meet the Australian Age Pension age requirement and are already in Australia when lodging the application.

Both visas provide permanent residency, although processing times are generally long due to annual migration program limits and queueing arrangements.

Sponsor Requirements

To sponsor a parent for the Subclass 103 or Subclass 804 visa, the sponsor must:

•Be the applicant’s eligible child, who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen

•Be settled in Australia

•Be 18 years of age or older

•Submit and be approved for a sponsorship application (Form 40 Sponsorship for Migration to Australia)

•Agree to provide accommodation, financial assistance, and general support to the applicant for the first 2 years after arrival in Australia

•Potentially arrange an Assurance of Support, which is a legal commitment to repay the Australian Government for certain welfare payments made to the visa holder

Applicant Requirements

•Be the parent of an eligible child who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen

•Be sponsored by an approved sponsor, usually their child

•Meet the Balance of Family Test

•Be able to obtain an Assurance of Support when requested by the Department

•Meet health and character requirements

•Have no outstanding debts to the Australian Government, or have arranged repayment

The Balance of Family Test means:

•At least half of their children live permanently in Australia, or

•More children live in Australia than in any other single country

Successful applicants are granted permanent residency in Australia, allowing them to live in Australia indefinitely with access to work rights, Medicare, and pathways to Australian citizenship if eligible.

5. Contributory Parent (Temporary) Visa (Subclass 173 / Subclass 884)

The Contributory Parent (Temporary) visa (Subclass 173) and the Contributory Aged Parent (Temporary) visa (Subclass 884) allow parents of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to stay temporarily in Australia as part of a two-stage pathway toward permanent residence.

These visas allow parents to live, work and study in Australia temporarily while preparing to apply for the permanent Contributory Parent visa (Subclass 143) or Contributory Aged Parent visa (Subclass 864).

The main difference between Subclass 173 and Subclass 884 is the location and age eligibility of the applicant. The Subclass 173 visa is generally applied for offshore, while the Subclass 884 visa is an onshore visa available to parents who meet the Australian Age Pension age requirement and who are already in Australia when lodging the application.

Both visas are temporary visas valid for up to two years and are designed as the first step in the contributory parent visa pathway.

Sponsor Requirements

To sponsor a parent for the Subclass 173 or Subclass 884 visa, the sponsor must:

•Be the applicant’s eligible child, who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen

•Be settled in Australia

•Be 18 years of age or older

•Submit and be approved for a sponsorship application (Form 40 Sponsorship for Migration to Australia)

•Agree to provide accommodation, financial assistance, and general support to the applicant for the first 2 years after arrival in Australia

•Potentially arrange an Assurance of Support, which is a legal commitment to repay certain welfare payments made by the Australian Government

Applicant Requirements

To be eligible for the Subclass 173 or Subclass 884 visa, the applicant must:

•Be the parent of an eligible child who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen

•Be sponsored by an approved sponsor

•Meet the Balance of Family Test

•Meet health and character requirements

•Have no outstanding debts to the Australian Government, or have arranged repayment

•Not hold or have applied for a Sponsored Parent (Temporary) visa (Subclass 870) at the time of application

The Balance of Family Test means:

•At least half of their children live permanently in Australia, or

•More children live in Australia than in any other single country

Pathway After Subclass 173 or Subclass 884

The Subclass 173 and Subclass 884 visas are temporary visas and cannot be extended. Before the temporary visa expires, the visa holder may apply for the permanent stage of the contributory parent visa program:

•Subclass 173 → Subclass 143 (Contributory Parent visa – Permanent)

•Subclass 884 → Subclass 864 (Contributory Aged Parent visa – Permanent)

Applying through this two-stage pathway allows applicants to spread the visa application charges across two stages, rather than paying the full contributory visa cost upfront.

Once the permanent visa (Subclass 143 or 864) is granted, the parent becomes an Australian permanent resident, with the ability to live in Australia permanently, access Medicare, work and study without restriction, sponsor eligible relatives, and potentially apply for Australian citizenship if eligible.

6. Sponsored Parent (Temporary) Visa – Subclass 870

Why Apply for This Visa Instead of Other Parent Visas

The Sponsored Parent (Temporary) visa (Subclass 870) is designed for parents who wish to stay in Australia for an extended period but do not intend to migrate permanently or do not wish to wait for the long processing times associated with permanent parent visas.

Compared with permanent Parent visas such as Subclass 103, 143, 804, or 864, the Subclass 870 visa usually has shorter processing times and significantly lower application costs. This visa is also suitable for those who cannot meet the Balance of Family Test.

This visa allows parents to stay in Australia for up to 3 or 5 years at a time, and they may apply for additional visas to remain in Australia for a maximum cumulative period of up to 10 years.

However, it is important to note that this visa does not lead to permanent residency, and visa holders cannot work while in Australia.

The Subclass 870 visa is often suitable for families who want parents to spend extended time with their children in Australia without pursuing permanent migration, or while waiting for a permanent parent visa application to be processed.

Sponsor Requirements

To sponsor a parent for the Subclass 870 visa, the sponsor must:

•Be the child of the visa applicant (or the child’s partner)

•Be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen

•Usually have been resident in Australia for at least 4 years

•Be 18 years of age or older

•Be approved as a Parent Sponsor before the visa application is lodged

•Meet the minimum income requirement, which must be at least AUD 83,454.80 for the most recent taxable income year

•Agree to provide financial support and accommodation for the parent while they stay in Australia

•Agree to repay any outstanding public health debts incurred by the parent during their stay

Applicant Requirements

To be eligible for the Subclass 870 visa, the applicant must:

•Be the biological parent, adoptive parent, step-parent, or parent-in-law of the approved sponsor

•Be 18 years of age or older

•Have an approved Parent Sponsor before lodging the visa application

•Meet health and character requirements

•Have adequate health insurance for the duration of their stay in Australia

•Have sufficient financial resources to support themselves during the visit

•Have a genuine intention to stay in Australia temporarily

•Have no outstanding debts to the Australian Government, or have arranged repayment

•Comply with all previous visa conditions if they have previously visited Australia

There is no permanent pathway for this temporary parent visa Subclass 870.

7. Child Visa (Subclass 101 / Subclass 802)

Difference Between Subclass 101 and Subclass 802

The Subclass 101 Child visa and the Subclass 802 Child visa are both permanent visas that allow a dependent child to live permanently in Australia with their parent who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.

The key difference between these two visas is the location of the child at the time of application. The Subclass 101 visa is for children who are outside Australia when the visa application is lodged, while the Subclass 802 visa is for children who are already in Australia when they apply.

Apart from the location requirement, the eligibility criteria, sponsorship requirements, and visa benefits are generally similar, and both visas grant the child permanent residence in Australia.

Sponsor Requirements

To sponsor a child for the Subclass 101 or Subclass 802 visa, the sponsor must:

•Be the child’s parent, or the parent’s current spouse or de facto partner

•Be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen

•Be 18 years of age or older

•Lodge a child sponsorship application, which must be approved before the visa can be granted

•Agree to provide accommodation and financial support for the child for the first two years after the child arrives in Australia

•Meet character requirements, including checks relating to registrable offences involving children

Applicant Requirements

To be eligible for the Subclass 101 or Subclass 802 visa, the applicant must:

•Be the dependent child of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen

•Be sponsored by an eligible parent or the parent’s spouse or de facto partner

•Be single, meaning the applicant must not be married, engaged to be married, or in a de facto relationship

•Meet one of the following age and dependency requirements:

•Under 18 years of age, or

•Between 18 and 25 years old and a full-time student who is financially dependent on the parent, or

•Over 18 years old and unable to work due to a disability

•Meet the health requirement

•Meet the character requirement (particularly if aged 16 or older)

•Have no outstanding debts to the Australian Government, or have arrangements in place to repay the debt

•If under 18 years old, provide written consent from all persons who have legal responsibility for the child to migrate to Australia