Family & Partners Visas Australia

Family & Partners Visas

A family visa for Australia allows you to relocate to the country if you have a close relative who already resides there – such as a current or future spouse, same-sex partner, child, or parent. Depending on your family connections, it is advisable to decide whether to apply for a family visa or a parent visa for Australia.

Spouse visa

The visa is designed for spouses (including those in a de facto relationship) or same-sex partners, one of whom is a citizen or resident of Australia. They serve as sponsors, covering the costs of obtaining the document. The process of obtaining the visa occurs in two stages. Initially, it is necessary to apply for a temporary family visa to Australia for a two-year period and to reside in the country during this time without violating any laws. To obtain the desired document, certain criteria must be met.

Be of legal age
be married (both officially and unofficially) for at least a year before applying.
Prove the sincerity of the relationship and the intention to continue it.
Prove that the partners either live together or do not live together.

In the second stage, the foreign spouse receives a permanent visa. One of the requirements is simply proving the relationship between the applicant and the sponsor. When applying for a family visa to Australia, it is crucial to note that marriages between close relatives are not allowed (at least a second cousin is allowed). If a same-sex marriage has been legally performed in another country, it is not recognized in Australia – you will need to provide documentation as de facto partners or under a different category.

Short-term fiancé & fiancée visa

The family visa in Australia is designed for foreign citizens who are in a relationship with an Australian resident and plan to officially register
their relationship. The visa is valid for 9 months. During this time, it is necessary to get married officially and apply for a spouse visa.

Applicants must meet the following requirements:

be over 18 years old,
have a personal relationship with the Australian sponsor.
be in a romantic relationship with them (and be able to prove its sincerity).

It is crucial that the marriage, carried out in the country, follows its laws. For instance, marriages between close relatives are not recognized as
valid. Polygamy and polyandry are not allowed.

Parent visa

Parents have two options to immigrate to Australia if their children are citizens or permanent residents of Australia and act as sponsors on the visa application.

Option 1: Standard parent visa. Please note that the waiting time for a decision on this type of visa, according to the Department of Immigration
and Border Protection, is more than 20 years. The number of visas issued is very limited.

Option 2: Contributory parent visa. This option is suitable for those who are willing to pay a much higher fee to the Department for processing
the visa application and provide a larger bond. The waiting period is about 2-3 years. The contributory parent visa allows you to divide the
process into two stages – first obtaining a temporary visa, and then a permanent visa for Australia.

Main requirements for applicants:

Must be a parent, step-parent, or adoptive parent of the sponsor.
Must meet one of the following conditions:
At least half of the applicant’s children must reside in Australia.
More of the applicant’s children must reside in Australia than in any other country.
Must provide a deposit.

Child Visa

This type of visa is for children who rely on an Australian citizen or permanent resident sponsoring them. Main requirements for applicants:

Must be a biological or adopted child of the sponsor.
Generally under 18 years old (sometimes under 25 years old).
Must be dependent on the sponsor.

For adopted children of Australian citizens or permanent residents, there is a special visa available. It is for children whose adoption was completed after the sponsor gained residency or citizenship in Australia.

QAZI LAW CHAMBER