Love, relationships, and visas

It’s the month of love and if you love living in Australia, you would most likely want to bring your loved ones here, too.  In this article, I am giving an overview on the different kinds of love/relationships and the visa options for each kind.

 

Love for your special someone

If you are an Australian Citizen/PR currently on a long-distance relationship and you are looking for ways for your boyfriend/girlfriend, de facto partner, or spouse to come and live with you here in Australia, these are the visa options for you:

  • Prospective Marriage Visa (subclass 300). This is, if you have not lived together for a least 12 months or, you do not have evidences to show for this and you intend to get married within nine months from the visa grant date.  The application for this visa should be lodged outside Australia.
  • Partner Visa (subclass 309/100 or 820/801).  This is, if you are married to each other or have lived for at least 12 months together and have evidences to show for this.  The application for the 309/100 visa should be lodged outside Australia while the application for the 820/801 visa should be lodged in Australia.
    If you have not lived for at least 12 months together and you don’t have plans of getting married, you can still apply for these visas if you have a relationship registration issued by an Australian state.  Check the Deaths, Births, and Marriages website of your state to see if relationship registration is available and the eligibility requirements.

If you are on a student visa (subclass 500), graduate visa (subclass 485) or TSS (subclass 482) or Internship visa (407), you have the option to bring your de-facto partner (you have lived  together with this person for at least 12 months) or spouse as a dependent subsequent   entrant on the same visa subclass you are holding.

If you are on a temporary visa and you plan to apply for a PR visa, in most cases you can include your de-facto partner or spouse in your application.  For example, you are a Cook/Nurse on a 485 visa and you are eligible for a 190 visa, you can combine your application with your spouse or de-facto partner.

 

Love for your child/ren

There are different options to bring your child/ren here with you and there’s appropriate visa for different scenarios.  If you are on a student visa (subclass 500), graduate visa (subclass 485) or TSS (subclass 482) or Internship visa (407), you have the option to bring your child/ren as a dependent subsequent entrant on the same visa subclass you are holding.  Just like your spouse or de-facto partner, you can also combine your PR visa application (if you plan to apply for this visa) with your child/ren.

If you are an Australian Citizen/PR, your child/ren may be eligible for a Child visa (subclasses 101 and 802).  If you are a holder of a temporary Partner visa (309 or 820 visa), your child may be eligible for the Dependent Child Visa (subclass 445).

 

Love for parents

Your parents can come and visit you here on a Visitor visa (subclass 600) whether you are on permanent or a temporary visa (student visa, work visa, etc.).  If you would want your parent/s to stay here with you permanently, there are Parent visas that you can choose from:

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

To be eligible for a parent  visa, certain criteria should be met including sponsorship, balance of family test, and assurance of support requirements.  These visas are capped which means only a limited number can be granted for each Migration Program year.  This affects the processing lead time for these visas.  To see the allotted number of visas for this Migration Program year, check out the link below:

https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels

Note that you cannot include your parents as dependent on your current visa or the next visa you plan to apply for.

Love for others

Siblings, cousins, nephews, aunts, uncles, other relatives, and friends come under this category.  Their visa options would depend on their objectives and their ability to satisfy the requirements of the visa that’s appropriate for them.

This is just an overview of the visa options for the people you love, or you have relationships with.  Should you need a legal advice based on your specific situation, it is suggested that you get advice from a Registered Migration Agent or an Immigration Lawyer.  Make sure they are registered at the Migration Agents Registration Authority (www.mara.gov.au).