Family Visas

If you are an Australian citizen, Australian permanent resident or an eligible New Zealand citizen, you may have the option of applying for a visa that allows your family member to stay here. There are a broad range of family visa options, these include partner visas, child and adoption visas, parent visas and relative visas. Below is some information on a range of family visas. We are able to provide advice and assistance on all family visa options.

Parent category visas

If you have a child or children in Australia and would like to stay in Australia, you may eligible to apply for a Parent Visa.

The type of parent visa you apply for may depend on –

  • whether you are onshore or offshore
  • whether you are willing to make a financial contribution towards your stay in Australia;
  • your age

There are a number of parent category visas available –

  • Contributory Parent (Temporary) Visa (173)
  • Parent Visa (subclass 103)
  • Contributory Parent Visa (subclass 143)
  • Aged Parent Visa (subclass 804)
  • Contributory Aged Parent (Temporary) Visa (subclass 884)
  • Contributory Aged Parent Visa (subclass 864)

When determining which visa option is right for you, it is extremely important that you –

  • apply for the correct subclass;
  • consider the length of processing time for each subclass and how this processing will impact you;
  • consider if it is best to apply for your visa while you are onshore or offshore;
  • consider if you meet the ‘balance of family’ test

With so many options to choose from, it can be difficult to determine which visa will be best for you and your family. If you fail to meet the Department of Immigration criteria, your application could be refused – leading to an unnecessarily long and expensive process. Please contact us to discuss your options.

Do you meet any of the following?

  • Do you have a child/children in Australia who are Australian Citizens, Australian permanent residents (who are settled) or eligible New Zealand citizens?
  • Are you willing to make a financial contribution towards your stay in Australia?

Does this visa give me permanent residency?

Whether you obtain permanent residency will depend on the type of visa that you are eligible to apply for. In some instances, you will be able to gain your permanent residency either after grant of the visa or after a specified period of time. Please contact us for more information.

It doesn’t sound like I meet the requirements, what’s next?

Immigration law is extremely complex and rapidly changing. The above information might be confusing or overwhelming if you are not experienced in this area of law. If you are thinking of applying for this visa, or any visa, contact us. In some instances, our clients were not aware of their options and opportunities for immigration to Australia. If you do not qualify for this visa, we may be able to give advice regarding another type of visa you can apply for.

Do not try to attempt a visa application yourself. If you have a visa refused, or lodge a visa only to later withdraw – you may jeopardise your chances of staying in Australia.

Patel Gahagan Lawyers are practiced, knowledgeable and approachable. Contact us for further advice and assistance.

Contact us!

Partner category visas

A Partner Visa may be for you if wish to sponsor your partner to stay in Australia.

Have you met an Australian citizen, Australian permanent resident or New Zealand citizen and want to stay with them in Australia? One of these partner visas may be for you.

With the Department of Immigration charging a hefty application fee for these types of visas, it is extremely important that you –

 apply for your partner visa using the correct subclass
 ensure all relevant documents meet legislative criteria
 demonstrate that your relationship is a ‘genuine’ relationship as defined by the Department of Immigration

If you fail to meet the Department of Immigration criteria, your application could be refused – leading to an unnecessarily long and expensive process.

Which one is for me?

Partner visa (subclasses 820 and 801) – onshore

Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100) – offshore

Prospective Marriage visa (subclass 300) – offshore

New Zealand Citizen Family Relationship (Temporary) visa (subclass 461) – onshore/offshore

Do you meet any of the following?

  • Do you have a partner that is an Australian citizen or permanent resident?
  • Do you have a partner that is a New Zealand citizen?
  • Do you want to stay in Australia to be with your partner?
  • Were you previously in a relationship with an Australian citizen, Australian permanent resident or New Zealand citizen but that relationship has since ended? We can also provide advice on your options in this regard.

It doesn’t sound like I meet the requirements, what’s next?

Immigration law is extremely complex and rapidly changing. The above information might be confusing or overwhelming if you are not experienced in this area of law. If you are thinking of applying for this visa, or any visa, contact us. In some instances, our clients were not aware of their options and opportunities for immigration to Australia. If you do not qualify for this visa, we may be able to give advice regarding another type of visa you can apply for.

Does this visa give me permanent residency?

Whether you obtain permanent residency will depend on the type of visa that you are eligible to apply for. In some instances, you will be able to gain your permanent residency either after grant of the visa or after a specified period of time. Please contact us for more information.

What to do next?

Contact us!

Do not try to attempt a visa application yourself. If you have a visa refused, or lodge a visa only to later withdraw – you may jeopardise your chances of staying in Australia.

Patel Gahagan Lawyers are practised, knowledgeable and approachable. Contact us for further advice and assistance.