Keeping Families Together in Australia: Exploring Visa Pathways for Reuniting with Family Members

Written by Julie Williams | MARN 9903637 | Published 9 October 2024

Australia’s strong emphasis on family unity and migration has made it a leading destination for individuals seeking to reunite with their loved ones. The Australian government provides various visa options for families, allowing spouses, parents and children to reconnect and live together.

1. Partner Visas

One of the most popular visa options for families is the Partner Visa, which allows an Australian citizen, permanent resident, or eligible New Zealand citizen to sponsor their spouse or de facto partner. This visa can be temporary or permanent, depending on the relationship’s longevity and the applicant’s eligibility.

Key Pathways:

  • Subclass 820/801 (Onshore Partner Visa): This is a two-stage process where applicants can initially stay in Australia on a temporary visa (820) and later apply for permanent residency (801).
  • Subclass 309/100 (Offshore Partner Visa): Similar to the onshore visa, this option allows applicants outside of Australia to reunite with their partner, first with a temporary visa (309) and later transition to permanent residency (100).
  • Subclass 300 (Offshore Prospective Marriage Visa)This visa is for individuals who are engaged but currently living in different countries. If you have met in person, this visa allows you to enter Australia, get married, and then apply for a Subclass 820/801 visa to transition to permanent residency.

Partner visas are designed to ensure that genuine relationships are given priority, and while the processing times can be long, they provide a solid pathway to keeping families together in Australia.

2. Parent Visas

For Australian citizens or permanent residents who wish to reunite with their parents, Australia offers both permanent and temporary parent visa options.

Key Pathways:

  • Contributory Parent Visa (Subclass 143/864): This is a permanent visa option, which requires a significant financial contribution but offers faster processing times. This visa allows parents to live in Australia permanently.
  • Non-Contributory Parent Visa (Subclass 804): This is a non-contributory option, but it involves long waiting times (20+ years) due to the demand. It’s a more affordable option for families, though applicants may need to wait many years before moving to Australia; therefore, we don’t recommend the offshore pathway.  The Subclass 804 is an onshore non-contributory pathway and requires the main applicant to be 67 years of age or older at the time of application, enabling the applicant and spouse to remain in Australia on a Bridging Visa A whilst waiting for their Subclass 804 visa to be finalised and granted.
  • Subclass 870 (Sponsored Parent (Temporary) Visa): This temporary visa permits parents to stay in Australia for up to five years. It is a suitable option for parents who want to stay in Australia temporarily without pursuing permanent residency or who do not qualify for a permanent residency visa. Additionally, some applicants awaiting approval of their offshore permanent visa choose to have this visa with their Australian family while their permanent visa is being processed.

3. Child Visas

Australia offers a range of child visa options for parents who are Australian citizens or permanent residents to bring their dependent children to live with them.

Key Pathways:

  • Child Visa (Subclass 101): This offshore visa allows children to live with their parents in Australia permanently. To qualify, the child must be under 18, a full-time student under 25, or over 18 and dependent due to a disability.
  • Child Visa (Subclass 802): This onshore version allows children who are already in Australia to stay permanently, reuniting them with their parents.
  • Adoption Visa: For Australian parents adopting a child overseas, this visa enables the child to enter Australia and live with their adoptive family permanently. The adoption must comply with the adoption laws of both the child’s home country and the state or territory in Australia where the adoptive parents reside.
  • Orphan Relative Visa:  This visa is designed for children who do not have parents who can care for them. This visa allows a relative to sponsor a child to live in Australia, providing permanent residency for children in vulnerable situations.

These visas are designed to support family reunification, ensuring children can be close to their parents and/or family members in Australia.

4. Sponsored Family Visitor Visas

For families looking to reunite for shorter periods or special occasions, a Sponsored Family Visitor Visa allows relatives to visit Australia temporarily. This option is perfect for family members who want to attend events such as weddings, birthdays or simply spend quality time together.

Key Pathway:

  • Sponsored Family Visitor Visa (Subclass 600): This visa is designed for individuals who have a family member in Australia willing to sponsor their visit. This visa is ideal for applicants who want to visit their Australian relatives for a short period, such as attending family events, holidays, or simply spending time with their loved ones. Applicants typically include parents, siblings, or other close relatives of Australian citizens, permanent residents, or eligible New Zealand citizens. The visa allows for stays of up to 12 months, and the Australian sponsor takes responsibility for the applicant, including ensuring they meet visa conditions.

5. Sponsoring a Family Member as a Skilled Migrant

The Subclass 491 is a temporary visa for skilled workers nominated by a state/territory government or sponsored by an eligible family member living in a designated regional area of Australia. This visa is designed to encourage skilled migration to regional areas, helping to fill gaps in the workforce and support local economies.

  • Provisional Residency: The visa allows holders to live and work in regional Australia for up to five years. After three years of living and working in a regional area, visa holders can apply for permanent residency through the Subclass 191 visa.
  • Family Sponsorship: Unlike Subclass 190, the 491 visa allows family sponsorship for applicants who have eligible relatives residing in a designated regional area. Eligible family sponsors can include Australian citizens, permanent residents, or eligible New Zealand citizens who are immediate family members (parents, siblings, aunts, uncles, etc.).
  • Benefits for Families: The visa provides an excellent opportunity for family members to reunite while contributing to the workforce in regional areas. Family members, such as spouses/partners and dependent children, can be included in the application and enjoy the same rights to live, work, and study in regional Australia.

Conclusion

Australia offers an array of visa pathways to help families stay together, ensuring that loved ones can be reunited despite the challenges of migration. While the process can be lengthy and sometimes complex, these visa options provide hope for families seeking to build their lives together in Australia.

At Migration Downunder, we understand the importance of family and are here to guide you through the visa process. Whether you’re seeking to bring a partner, parent, child, or another relative to Australia, our experienced team can help you explore your options and navigate the application process smoothly.

For more information on keeping your family together in Australia, contact us today to discuss your options.

Before any immigration advice can be provided, we must hold an initial consultation which will attract a fee commencing from $385.

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