Australian Citizenship Planning Session

Partner Visa Stream

The Partner Visa program allows Australian citizens, permanent residents, and eligible New Zealand citizens to sponsor their spouse or de facto partner. It operates through a two‑stage temporary‑to‑permanent process, with both stages lodged together and assessed concurrently.

Applicants first receive a temporary partner visa, which is generally held for two years. After this period, and subject to ongoing eligibility, the Department commences assessment of the permanent partner visa. Both the temporary and permanent applications are submitted at the same time, supported by the sponsor’s eligibility as an Australian citizen, permanent resident, or eligible New Zealand citizen.

An important exception to the two‑year waiting period applies where the applicant has experienced family violence perpetrated by the sponsor. In such cases, the applicant may be granted the permanent visa without completing the usual two‑year provisional stage.

Onshore Partner Visa (Subclass 820 → 801)

• Applicant must be in Australia at time of application and decision for the 820 stage.

• Must be in a married or de‑facto relationship with the sponsor.

• Must meet health and character requirements.

• Bridging Visa A is typically granted, allowing lawful stay and work rights.

Offshore Partner Visa (Subclass 309 → 100)

• Applicant must be outside Australia at time of application and grant of the 309 stage.

• Same relationship requirements as onshore.

• Permanent stage (100) is assessed after a qualifying period, usually two years.

Prospective Marriage Visa (Subclass 300)

• For applicants outside Australia intending to marry their Australian partner.

• Grants entry to Australia for the purpose of marriage within the visa validity period.

• After marriage, the applicant transitions to the onshore 820/801 pathway.

Four Statutory Relationship Assessment Pillars

The Department assesses the genuineness and continuity of the relationship through four mandatory pillars:

1. Financial Aspects

   • Shared financial responsibilities, joint accounts, assets, liabilities, household expenses.

2. Nature of the Household

   • Living arrangements, division of domestic responsibilities, shared daily life.

3. Social Aspects

   • Public recognition of the relationship, joint social activities, family acceptance.

4. Nature of Commitment

   • Long‑term intentions, emotional support, future plans, communication history....

Parent Visa Stream

Parent visas allow eligible parents of Australian citizens or permanent residents to migrate to Australia. The program is divided into Non‑Contributory and Contributory pathways, each with different costs and processing times.

Processing times for Contributory visas are relatively short, but as the name implies, the cost of applications is higher.

Non‑Contributory Parent Visas (Subclass 103 / 804)

• Lowest government charges.

• Extremely long processing queues (often exceeding 20+ years).

• Subclass 804 is for onshore applicants who meet age requirements for the Aged Parent category.

Contributory Parent Visas (Subclass 143 / 173 / 864 / 884)

• Significantly higher government charges (“contribution”).

• Much faster processing compared to non‑contributory options.

• Subclass 143 (permanent) and 173 (temporary) are offshore pathways.

• Subclass 864 (permanent) and 884 (temporary) are onshore aged parent pathways.

Balance of Family Test

Applicants must satisfy the statutory Balance of Family Test, which requires:

• At least half of the applicant’s children to be permanently resident in Australia, or

• More children living in Australia than in any other single country.

This test is mandatory for all permanent parent visa subclasses.

Temporary Sponsored Parent Visa (Subclass 870)

• Allows parents to stay temporarily for 3 or 5 years, renewable up to a maximum of 10 years.

• Does not require the Balance of Family Test.

• Requires an approved Australian sponsor and meeting financial, health, and character criteria.

• Does not lead to permanent residency.

Child Visa Stream

Child visas allow dependent children of Australian citizens, permanent residents, or eligible New Zealand citizens to migrate to Australia.

Child Visa (Subclass 101 / 802)

• Subclass 101: Offshore application.

• Subclass 802: Onshore application.

• Child must be:

  • Under 18, or

  • A full‑time student aged 18–25 who is financially dependent, or

  • Over 18 and unable to work due to disability.

• Applies to natural, adopted, or step‑children.

Orphan Relative Visa (Subclass 117 / 837)

• For children under 18 who have no parents able to care for them due to death, disappearance, or incapacity.

• Subclass 117: Offshore.

• Subclass 837: Onshore.

• Requires sponsorship by an eligible relative in Australia.

Dependent Child Visa (Subclass 445)

• Temporary visa for children of a temporary Partner visa holder (309 or 820).

• Allows the child to be added to the parent’s permanent Partner visa (100 or 801).

• Child must be dependent and meet health and character requirements.

Remaining Relative Visa Stream

Remaining Relative visas are highly restricted and designed for individuals who have no close family members living outside Australia.

Remaining Relative Visa (Subclass 115 / 835)

• Subclass 115: Offshore.

• Subclass 835: Onshore.

• Applicant must have no near relatives outside Australia.

• Must be sponsored by an eligible relative who is settled in Australia.

“Zero Overseas Relative Rule”

To qualify, the applicant must have zero near relatives living outside Australia. Near relatives include:

• Parents

• Siblings (including step‑siblings and adoptive siblings)

• Non‑dependent children

If even one near relative resides outside Australia, the applicant fails the statutory threshold.

Other Requirements

• Sponsor must provide an Assurance of Support (AoS).

• Applicant must meet health and character requirements.

• Processing times are extremely long due to low annual caps.