Prospective Marriage Visa (subclass 300): 

This visa is for you if you want to come to Australia and marry you prospective spouse (fiancé). This is a temporary visa for a period of nine months within which the visa holder should marry to their partners. You can only apply for this visa while you are outside Australia and you should be outside Australia when the visa is granted.  Once you marry your spouse you can apply for Partner Visa (subclass 820 and 801).

 

Partner Visa (subclass 309-100) & Partner Visa (subclass 820-801):

Australian citizen, permanent residents or eligible new Zealand citizens can sponsor their husband, wife or de facto partner (including same sex partners) to come and live with them in Australia. If you are is Australia you can apply for Partner visa subclass (820-801), if the visa applicant is outside Australia then Partner Visa (subclass 309-100) is the one for you. 

 

Partner Visas are two-stage visas. First stage is two years provisional visa (subclass 820 or 309) depending on whether you are in or outside Australia at the time you lodge your visa application. The second stage is permanent visa (subclass 100 or 801) will granted to the provisional visa holders provided their relationships which their partners have not ceased.

 

 

Child Visa (subclass 101):

'This visa allows a child who is outside Australia to come and live with their parents.

 

To get this visa, the child must be:

• sponsored by their parent or their parent's partner

• single

• younger than 18 years of age, or:

◦ a full-time student between 18 and 25 years of age, or

◦ 18 or older and unable to work due to a disability and dependent on the sponsoring parent.

The child can include their own dependent children in this application.

 

The sponsoring parent:

The child's sponsoring parent must be an Australian citizen, the holder of an Australian permanent resident visa or an eligible New Zealand citizen. The spouse or de facto partner of the child's parent can also sponsor the child.

 

The child's relationship with the sponsor

The child must be:

• the biological child or adopted child of the sponsoring parent

• a step child who has not turned 18 of a step-parent who is no longer the partner of the child's parent but has a legal responsibility to care for the child.

An adopted child must have been adopted before their parent became an Australian citizen or the holder of an Australian permanent resident visa or an eligible New Zealand citizen.

 

Children younger than 18 years of age

A child younger than 18 years of age:

• cannot have a spouse or de facto partner

• cannot be engaged to be married.

 

Children between 18 and 25 years of age

A child between 18 and 25 years of age who does not have a disability that prevents them from working must:

• never have had, and not now have, a spouse or de facto partner

• not be engaged to be married

• not be in full-time work

• be a full-time student.

 

To be a full-time student, the child must:

• be currently enrolled and participating in a full-time course of study leading to a professional, trade or vocational qualification

• have started that course since turning 18 years of age or within six months or a reasonable time after finishing school.

The child must be a full-time student when they apply for this visa. Any gaps of more than six months between the final year of school and tertiary studies must be explained.

 

Children with a disability aged 18 or older:

A child with a disability is eligible for this visa if they:

• are not engaged, married or have a de facto partner

• are not in full-time work

• are dependent on the sponsoring parent.

Disability means that the child has total or partial loss of their bodily or mental functions, and they are unable to work because of it.

To be dependent they must be reliant on the sponsoring parent for financial support because they are not able to work because of their disability.

 

Parental responsibility:

This visa can be granted only if you can show one of the following for a child younger than 18 years of age:

• you have the written consent of each person who can legally decide where the child lives

• the laws of the child’s home country permit the removal of the child

• it is consistent with any Australian child order.

 

Child Visa (subclass 802):

This visa allows a child who is in Australia to stay permanently in Australia 

 

To get this visa, the child must be:

• sponsored by their parent or their parent’s partner

• single  and

• one of the following: 

◦ younger than 18 years of age (and not adopted)

◦ adopted (and under 18 when adopted)

◦ full-time student between 18 and 25 years of age, or

◦ 18 or older and unable to work due to a disability and dependent on the sponsoring parent.

The child can include their own dependent children in this application.

 

The child’s relationship with the parent:

The child must be:

• the biological child or adopted child of a parent (there are special requirements for adopted children); or

• a stepchild who has not turned 18 of a step-parent who is no longer the partner of the child's parent but has a legal responsibility to care for the child.

who is an Australian citizen, the holder of an Australian permanent resident visa or an eligible New Zealand citizen.

 

The sponsor:

The child’s sponsor is usually their parent who is an Australian citizen, the holder of an Australian permanent resident visa or an eligible New Zealand citizen. The spouse or de facto partner of the child’s parent can also sponsor the child and they must also be an Australian citizen, the holder of an Australian permanent resident visa or an eligible New Zealand citizen.

 

Children younger than 18 years of age

A child younger than 18 years of age:

• cannot have a spouse or de facto partner

• cannot be engaged to be married.

 

Children between 18 and 25 years of age

A child between 18 and 25 years of age who does not have a disability that prevents them from working must:

• never have had, and not now have, a spouse or de facto partner

• not be engaged to be married

• not be in full-time work

• be a full-time student.

 

To be a full-time student, the child must:

• be currently enrolled and participating in a full-time course of study leading to a professional, trade or vocational qualification

• have started that course since turning 18 years of age or within six months  or a reasonable time after finishing school.

The child must be a full-time student when they apply for this visa. Any gaps of more than six months between the final year of school and tertiary studies must be explained.

 

Children with a disability aged 18 or older

A child with a disability is eligible for this visa if they:

• are not engaged, married or have a de facto partner

• are not in full-time work

• are dependent on the sponsoring parent.

Disability means that the child has total or partial loss of their bodily or mental functions, and they are unable to work because of it.

To be dependent they must be reliant on the sponsoring parent for financial support because they are not able to work because of their disability.

 

Adopted children

For adopted children:

• the child must have been under 18 years of age when the adoption took place

• one of the following requirements has been met:

◦ the child was adopted in accordance with the Adoption Convention and an adoption compliance certificate is in force

◦ the adoptive parent became an Australian citizen or the holder of an Australian permanent resident visa or a New Zealand citizen after the adoption took place

◦ the adoptive parent was an Australian citizen or the holder of an Australian permanent resident visa  or an eligible New Zealand citizen when the adoption took place, and before the adoption, a state or territory authority in Australia approved the parent as a suitable adoptive parent

◦ the adoption was an expatriate adoption.

 

Parental responsibility

This visa can be granted only if you can show one of the following for a child younger than 18 years of age:

• you have the written consent of each person who can legally decide where the child lives

• the laws of the child’s home country permit the removal of the child

• it is consistent with any Australian child order.

 

Adpotion Visa (subclass 102):

This visa allows a child who is adopted outside Australia to come to Australia to live with their adoptive parents.

 

An adoptive parent will usually lodge the application for this visa on behalf of the child.

 

To be able to get the visa, the child must:

• be younger than 18 years of age

• be living outside Australia

• be either already adopted or in the process of being adopted by their sponsor

• meet health and character requirements

• if the child is under 18 years of age at the time of application, but will turn 18 before the application is decided, they will not be eligible for this visa.

 

The child must also be sponsored by an adoptive parent who is:

• an Australian citizen

• the holder of an Australian permanent resident visa, or

• an eligible New Zealand citizen

 

An adoptive parent must have done one of the following:

• adopted (or be in the process of adopting) the child with the involvement of an Australian state or territory adoption authority

• adopted the child under the laws of a country other than Australia and been living outside Australia for the past 12 months before the application is lodged

• adopted the child under the Hague Adoption Convention.

 

If you are living outside Australia, you can adopt the child from the country in which you have been living, or from another country.

 

Dependent Child Visa (Subclass 445):

A Dependent Child visa (subclass 445) is a temporary visa for the child of a parent who holds a temporary Partner visa that does not already include the child.

If this visa is granted, the child also needs to make a permanent Partner visa application before the parent's permanent Partner visa is decided.

 

The child can be in or outside Australia when they apply for this visa.

If the child's siblings are also applying for this visa, they must lodge separate applications.

 

A child applying for this visa must be the dependent child of a parent who holds a temporary Partner visa or a Dependent Child visa. A parent usually lodges the application on behalf of the child.

 

The child must be:

• a biological child, stepchild or adopted child of the parent

• sponsored by the same person sponsoring their parent with limited exceptions

• able to meet health and character requirements

• single (the child cannot be married, engaged to be married, or in a de facto relationship)

• younger than 18, or else be one of the following:

◦ financially dependent on the parent holding the temporary Partner visa

◦ incapacitated for work due to the total or partial loss of bodily or mental functions.

 

The child’s parent

To be granted this visa, the child’s parent or step-parent must already hold one of the following temporary Partner visas:

• Temporary Partner visa (subclass 309 or subclass 820)

• Dependent Child visa (subclass 445).

 

For a child who is under 18 to be granted this visa, each person who can legally decide where the child can live must give permission for the child to be granted this visa. If another parent or person can make that decision, they must also give their permission.

Information on how to meet this requirement can be found in the Document checklist.

Parental responsibility

 

This visa can be granted only if you can show one of the following for a child younger than 18 years of age:

• you have the written consent of each person who can legally decide where the child lives

• the laws of the child’s home country permit the removal of the child

• it is consistent with any Australian child order.

 

Parent visa (subclass 103):

The Parent visa (subclass 103) lets parents live permanently in Australia if they have a child who is an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia.

 

Most applicants must be sponsored by their child. The sponsor needs to have lived lawfully in Australia for the two years immediately before the application is lodged.

 

You can apply for this visa outside Australia. If you are in Australia, you can apply only if your temporary visa lets you apply for another visa while you are in Australia. You must be outside Australia when the visa is granted.

 

There can be long waiting times of up to 30 years before this visa is approved.  

 

You might be able to get a Parent visa (subclass 103) if you:

• have a child who is:

◦ an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen

◦ lawfully resident in Australia for at least two years (a shorter period can be considered for Australian citizens if there are compelling and compassionate circumstances)

• meet the balance-of-family test

• meet health and character requirements

• have a sponsor.

 

Your sponsor

You must be sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The sponsor needs to have been living lawfully in Australia for at least two years before you apply for this visa. For most applicants, your child or your child's spouse or de facto partner will need to sponsor you.

 

If your child is younger than 18 years of age you can be sponsored by:

• your child's spouse, if the spouse has turned 18 and is a settled Australian citizen, permanent resident or eligible New Zealand citizen

• a relative or guardian of your child, if the relative or guardian has turned 18 and is a settled Australian citizen, permanent resident or eligible New Zealand citizen

• a relative or guardian of your child's spouse, if the spouse has not turned 18 and is a settled Australian citizen, permanent resident or eligible New Zealand citizen

• a community organisation.

Contributory Parent (Temporary) visa (subclass 173):

This visa lets parents live in Australia for up to two years if they are the parents of an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia.

You can apply separately for a permanent Contributory Parent visa (subclass 143) to stay in Australia permanently.

 

The Contributory Parent (Temporary) visa (subclass 173) lets parents who are outside Australia live in Australia for up to two years if they are the parents of an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia.

This visa is temporary and cannot be extended or renewed. After arriving in Australia, you have two years to apply for a Contributory Parent visa (subclass 143). In this way, you can spread the costs of the Contributory Parent migration over a number of years.

Most applicants must be sponsored by their child. Your sponsor needs to have lived lawfully in Australia for the two years before the application is lodged.

 

You can apply for this visa outside Australia. If you are in Australia, you can only apply if your temporary visa allows you to apply for another visa while you are in Australia. You must be outside Australia when the visa is granted.

 

You might be able to get a Contributory Parent (Temporary) visa (subclass 173) if you:

• have a child who is:

◦ an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen

◦ lawfully resident in Australia for at least two years (a shorter period can be considered for Australian citizens if there are compelling and compassionate circumstances)

• have a sponsor

• meet the balance of family test

• meet health and character requirements.

 

Your sponsor

You must be sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The sponsor needs to have been living lawfully in Australia for at least two years before you apply for this visa. For most applicants, your child or your child's spouse or de facto partner will need to sponsor you.

 

If your child is younger than 18 years of age you can be sponsored by:

• your child's spouse, if the spouse has turned 18 and is a settled Australian citizen, permanent resident or eligible New Zealand citizen

• a relative or guardian of your child

• a relative or guardian of your child's spouse, if the spouse has not turned 18 and is a settled Australian citizen, permanent resident or eligible New Zealand citizen

• a community organisation.

 

Contributory Parent visa (subclass 143):

 

The Contributory Parent visa (subclass 143) lets parents live permanently in Australia if they have a child who is an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia.

Most applicants need to be sponsored by their child. Your sponsor needs to have lived lawfully in Australia for the two years before the application is lodged.

 

You can be in or outside of Australia at the time of lodging your application.

If you are in Australia, you can apply only if your temporary visa allows you to apply for another visa while you are in Australia. Applications are generally lodged by post or courier to the Parent Visa Centre. For further information see 'How to apply'.

 

You can be in Australia (but do not have to be) when the visa is granted if you are one of the following:

• the holder of a Contributory Parent (Temporary) visa (subclass 173)

• the holder of a Tourist visa (subclass 676) or Visitor visa(subclass 600) granted through ministerial intervention

• a member of the family unit of a Contributory Parent (Temporary) visa (subclass 173) holder.

In all other cases, you must be outside Australia when the visa is granted.

 

You might be able to get a permanent Contributory Parent (Temporary) visa (subclass 143) if you either:

• hold a temporary Contributory Parent (Temporary) visa (subclass 173)

• have a child who is:

◦ an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen

◦ lawfully resident in Australia for about two years (a shorter period can be considered for Australian citizens if there are compelling and compassionate circumstances)

• meet the balance-of-family test

• have an accepted assurance of support

• meet health and character requirements.

 

Your sponsor

You must be sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The sponsor needs to have been living lawfully in Australia for at least two years before you apply for this visa. For most applicants, your child or your child's spouse or de facto partner will need to sponsor you.

 

If your child is younger than 18 years of age you can be sponsored by:

• your child's spouse, if the spouse has turned 18 and is a settled Australian citizen, permanent resident or eligible New Zealand citizen

• a relative or guardian of your child

• a relative or guardian of your child's spouse, if the spouse has not turned 18 and is a settled Australian citizen, permanent resident or eligible New Zealand citizen

• a community organisation.

 

Aged Parent visa (subclass 804):

This visa lets older parents live in Australia if their child is an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia.

 

There can be long waiting times of up to 30 years before this visa is approved.

 

You must be in Australia when you apply for this visa. You can apply only if your temporary visa lets you apply for another visa while you are in Australia. You must be in Australia when the visa is granted.

 

You might be able to get an Aged Parent visa (subclass 804) if you:

• have a child who is:

◦ an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen

◦ lawfully resident in Australia for at least two years (a shorter period can be considered for Australian citizens if there are compelling and compassionate circumstances).

• meet the age requirements

• meet the balance-of-family test

• meet health and character requirements

• have a sponsor.

 

Age requirements

You must be at the age where you are eligible for an Age Pension in Australia. For detailed information, please see www.dss.gov.au/our-responsibilities/seniors/benefits-payments/age-pension.

 

Your sponsor

You must be sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The sponsor needs to have been living lawfully in Australia for at least two years before you apply for this visa. For most applicants, your child or your child's spouse or de facto partner will need to sponsor you.

 

If your child is younger than 18 years of age you can be sponsored by:

• your child's spouse, if the spouse has turned 18 and is a settled Australian citizen, permanent resident or eligible New Zealand citizen

• a relative or guardian of your child if the relative or guardian has turned 18 and is a settled Australian citizen, permanent resident or eligible New Zealand citizen

• a relative or guardian of your child's spouse, if the spouse has not turned 18 and is a settled Australian citizen, permanent resident or eligible New Zealand citizen

• a community organisation.

 

Contributory Aged Parent (Temporary) visa (subclass 884):

The Contributory Aged Parent (Temporary) visa (subclass 884) lets older parents live in Australia for up to two years if they are the parents of an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia.

This visa is temporary and cannot be extended or renewed. After the visa is approved, you have two years to apply for a Permanent Contributory Aged Parent visa (subclass 864). In this way, you can spread the costs of the Contributory Aged Parent migration over a number of years.

 

You must be in Australia when you apply for this visa. You can apply only if your temporary visa allows you to apply for another visa while you are in Australia. You must be in Australia when the visa is granted .

 

You can apply for a Contributory Aged Parent (Temporary) visa (subclass 884) if you:

• have a child who is:

◦ an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen

◦ lawfully resident in Australia for at least two years (a shorter period can be considered for Australian citizens if there are compelling and compassionate circumstances).

• meet the age requirements

• have a sponsor

• meet the balance-of-family test

• meet health and character requirements.

 

Age requirements

You must be at the age where you are eligible for an Age Pension in Australia. More information is available on Department of Social Services website.

 

Your sponsor

You must be sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The sponsor needs to have been living lawfully in Australia for at least two years before you apply for this visa. For most applicants, your child or your child's spouse or de facto partner will need to sponsor you.

 

If your child is younger than 18 years of age you can be sponsored by:

• your child's spouse, if the spouse has turned 18 and is a settled Australian citizen, permanent resident or eligible New Zealand citizen

• a relative or guardian of your child

• a relative or guardian of your child's spouse, if the spouse has not turned 18 and is a settled Australian citizen, permanent resident or eligible New Zealand citizen

• a community organisation.

Contributory Aged Parent (Temporary) visa (subclass 884):

The Contributory Aged Parent (Temporary) visa (subclass 884) lets older parents live in Australia for up to two years if they are the parents of an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia.

This visa is temporary and cannot be extended or renewed. After the visa is approved, you have two years to apply for a Permanent Contributory Aged Parent visa (subclass 864). In this way, you can spread the costs of the Contributory Aged Parent migration over a number of years.

 

You must be in Australia when you apply for this visa. You can apply only if your temporary visa allows you to apply for another visa while you are in Australia. You must be in Australia when the visa is granted .

 

You can apply for a Contributory Aged Parent (Temporary) visa (subclass 884) if you:

• have a child who is:

◦ an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen

◦ lawfully resident in Australia for at least two years (a shorter period can be considered for Australian citizens if there are compelling and compassionate circumstances).

• meet the age requirements

• have a sponsor

• meet the balance-of-family test

• meet health and character requirements.

 

Age requirements

You must be at the age where you are eligible for an Age Pension in Australia. More information is available on Department of Social Services website.

 

Your sponsor

You must be sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The sponsor needs to have been living lawfully in Australia for at least two years before you apply for this visa. For most applicants, your child or your child's spouse or de facto partner will need to sponsor you.

 

If your child is younger than 18 years of age you can be sponsored by:

  • your child's spouse, if the spouse has turned 18 and is a settled Australian citizen, permanent resident or eligible New Zealand citize

  • a relative or guardian of your child

  • a relative or guardian of your child's spouse, if the spouse has not turned 18 and is a settled Australian citizen, permanent resident or eligible New Zealand citizen

  • a community organisation.

Contributory Aged Parent visa (subclass 864):

The Contributory Aged Parent visa (subclass 864) lets older parents live permanently in Australia if their child is an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia.

Most applicants need to be sponsored by their child. Your sponsor needs to have lived lawfully in Australia for the two years before the application is lodged.  

 

You must be in Australia at the time you apply for this visa. You can only apply if your temporary visa allows you to apply for another visa while you are in Australia. You must be in Australia when the visa is granted.

 

You might be able to get a Contributory Aged Parent visa (subclass 864) if you either:

• hold a temporary Contributory Aged Parent (Temporary) visa (subclass 884)

• have a child who is:

◦ an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen

◦ lawfully resident in Australia for at least two years (a shorter period can be considered for Australian citizens if there are compelling and compassionate circumstances)

• meet the balance-of-family test

• meet health and character requirements

• have a sponsor.

 

Age requirements

You must be at the age where you are eligible for an Age Pension in Australia. More information is available on Department of Social Services website.

 

Your sponsor

You must be sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The sponsor needs to have been living lawfully in Australia for at least two years before you apply for this visa. For most applicants, your child or your child's spouse or de facto partner will need to sponsor you.

If your child is younger than 18 years of age you can be sponsored by:

• your child's spouse, if the spouse has turned 18 and is a settled Australian citizen, permanent resident or eligible New Zealand citizen

• a relative or guardian of your child

• a relative or guardian of your child's spouse, if the spouse has not turned 18 and is a settled Australian citizen, permanent resident or eligible New Zealand citizen

• a community organisation.

Aged Dependent Relative visa (subclass 114-Offshore ) & ( subclass 838-onshore):

The Aged Dependent Relative visas (subclass 838 &114) are permanent visas that allow some older people who meet age requirements to stay in Australia if they rely on an eligible relative in Australia to provide financial support.

 

You must be outside Australia when you lodge your application for visa subclass 114; and you must be outside Australia when the visa is granted. Visa subclass 838 is for applicants who lodge there visa application while in Australia and they must be in Australia when the visa is granted.

 

You might be able to get this visa if you:

• are sponsored by a relative or their partner who lives in Australia

• do not have a spouse or de facto partner

• meet the dependency requirements

• meet the age requirements

• have someone who will provide an assurance of support

• meet health and character requirements.

 

You should not apply for this visa unless you believe you are likely to be successful, as the visa application charge you pay will not usually be refunded if you withdraw your application or it is refused.

Your sponsor in Australia

 

You must be sponsored by the relative on whom you are financially dependent, and who has provided this support for a reasonable period (usually three years) before you lodge your application. Their partner can also be your sponsor.

 

Your sponsoring relative or their partner must be:

• 18 years of age or older

• usually resident in Australia

• settled in Australia as:

◦ an Australian citizen

◦ an Australian permanent resident

◦ an eligible New Zealand citizen.

 

Dependency

To be considered an aged dependent relative you must not be married or in a de facto relationship.

You must be able to demonstrate that you have been wholly or substantially dependent on your relative in Australia for financial support for your basic needs of food, shelter and clothing, or because you have a disability which prevents you from working.  This support must have been continuing for at least three (3) years before your application is lodged.

 

Age

You must be old enough to be granted an aged pension under the Social Security Act 1991.  See Department of Human Services website for more information.

 

Carer visa (subclass 116 Offshore) & ( subclass 836-onshore)

 

A Carer visa (subclass 116) is a permanent visa for people who want to live in Australia to provide substantial and continuing care or assistance for a relative who either:

• has a long-term medical condition that means they cannot look after themselves in practical aspects of daily life, or

• needs permanent or long-term practical support to help them care for a member of their family in their household with such a medical condition.

The relative must not be able to reasonably obtain the care they need from any other relative or from welfare, hospital, nursing or community services in Australia.

 

If you are outside Australia, your application must be made outside Australia and you must be outside Australia when the visa is granted. If you are in Australia, your application must be made in Australia and you must be in Australia when the visa is granted.

 

You might be eligible for this visa if:

• you need to move to Australia to:

◦ care for a relative in Australia with a long-term medical condition, or

◦ assist a relative in providing this care to a member of their family unit living in their household.

• your relative (or their family member) has their medical condition assessed by Bupa Medical Visa Services as being one which significantly affects them in attending to the practical aspects of daily life and which will need direct care for at least two years

• your relative cannot reasonably get the care they need from any other relative in Australia or from welfare, hospital or nursing community services in Australia

• you are willing and able to provide substantial and continuing assistance

• you should fully understand what kind of care or assistance your relative needs

• you and your family members meet health and character requirements.

 

Your relative in Australia

You can apply for this visa if the relative who needs care or assistance is usually resident in Australia. The relative must be your partner, child, parent, brother, sister, grandparent, grandchild, aunt, uncle, niece, nephew (or step-equivalent).

Both this relative (and the member of their family who needs care, where applicable) must be either:

• an Australian citizen

• an Australian permanent resident, or

• an eligible New Zealand citizen.

If you are applying for this visa so you can assist your relative care for a member of their family, they must both live in the same house.

 

The sponsor

Your sponsor can be either:

• the relative who needs care or assistance (either for themselves or a member of the family unit)

• the spouse or de facto partner of the relative who lives with them.

 

The sponsor must be aged 18 years or older and be:

• an Australian citizen

• an Australian permanent resident

• an eligible New Zealand citizen .

 

The medical condition

The medical condition must meet the following criteria:

• The medical condition is long-term or permanent, and as a result your relative (or their family member) needs assistance with the practical aspects of daily life.

• The need for care or assistance will continue for at least two years.

• The medical condition has been assessed by Bupa Medical Visa Services. See Medical assessment of the person needing care for more information.

 

  • New Zealand Citizen Family Relationship (temporary) visa (subclass 461):

 

The New Zealand Citizen Family Relationship (Temporary) visa (subclass 461) allows someone who is not a New Zealand citizen to live in Australia with a family member who:

• is a New Zealand citizen

• either

◦ holds a Special Category visa (subclass 444) and is living in Australia, or

◦ is eligible to hold a Special Category visa (subclass 444) and is accompanying you to Australia.

You can be in or outside Australia when you apply for this visa.

 

You might be able to get this visa if:

• you are not a New Zealand citizen

• you are an eligible family member of a New Zealand citizen

• your New Zealand citizen family member is living in Australia on a Special Category visa (subclass 444) or will be travelling with you to Australia and will be granted a Special Category visa (subclass 444) on arrival.

You must be related to the New Zealand citizen as either:

• their partner

• their (or their partner's) dependent child

• the dependent child of their (or their partner's) dependent child

• their (or their partner's) relative who:

◦ does not have a partner

◦ usually lives in the New Zealand citizen’s household

◦ is dependent on the New Zealand citizen.

 

  • Orphan Relative visa (subclass 117-Offshore) & visa (subclass 837-Onshore):

Remaining Relative visa (subclass 115-Offshore) & visa (subclass 835-Onshore):

 

An Orphan Relative visa (subclass 117) is for a child whose parents are dead, permanently incapacitated or of unknown whereabouts. It allows a child in this situation to travel to and stay permanently with their sponsoring relative in Australia.

The sponsoring relative usually applies on behalf of the child. The child must be outside Australia when the application is lodged and when the application is decided.

 

To apply for this visa, a child must:

• lodge their application outside Australia for visa subclass 117 or outside Australia for visa subclass 837 

• be younger than 18 years old

• be sponsored by their relative who is:

◦ the brother, sister, grandparent, aunt, uncle or step-equivalent of the child

◦ older than 18 years of age

◦ an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen

• not be married or in a de facto relationship

• be in the situation where their parents are unable to care for them

• meet health and character requirements.

 

The child’s parents

A child can apply for this visa if their parents are not able to care for them. This could be because the parents:

• are dead

• are incapable of caring for the child

• cannot be found.

A child cannot apply for this visa if their parents could care for them but do not want to.

If the parents cannot be found, the application will need to show how long they have been missing and what has been done to try to find them.

 

Parental responsibility

This visa can be granted only if you can show one of the following for a child younger than 18 years of age:

• you have the written consent of each person who can legally decide where the child lives

• the laws of the child’s home country permit the removal of the child

• it is consistent with any Australian child order.

The documents checklist lists you the documents you must provide with your application to support this claim.

 

Best interests of the child

This visa will not usually be granted if it is against the best interests of a child younger than 18 years of age.

 

 

The Remaining Relative visa (subclass 115) and visa (subclass 835) are  permanent visas for people who want to live in Australia to be with their only near relatives.

if you are outside Australia, your application must be made outside Australia and you must be outside Australia when the visa is granted.

If you are in Australia, you must make your application in Australia; and you must be in Australia when the visa is granted.

 

You might be eligible for this visa if:

• your (and your partner's) only near relatives live in Australia

• an eligible near relative or their partner will sponsor you and all family members included as applicants in your application

• you have someone who will provide an assurance of support

• you and your family members meet health and character requirements.

 

You should not apply for this visa unless you believe you are likely to be successful, because the visa application charge will not usually be refunded if your application is refused or withdrawn.

 

Who is your near relative

Your near relative is your parent or your partner's parent (including biological and step-parent), brother, sister, stepbrother or stepsister; child (including stepchild) who has turned 18 and is not a dependent child; or child (including stepchild) who has not yet turned 18 years of age and is not in your or your partner's daily care and control.

We do not consider how much contact you have with near relatives when we make a decision about whether you are a remaining relative.

 

Who is your sponsor

Your sponsor must be your parent, brother, sister, stepbrother or stepsister or one of their partners. They must agree to give you support, accommodation and financial assistance for your first two years of residency in Australia. This agreement includes any family members included as applicants in your application.

 

Your sponsor must be 18 years of age or older and one of the following:

• an Australian citizen

• an Australian permanent resident

• an eligible New Zealand citizen.

Your sponsor must be settled in Australia.

 

When you might not be eligible for this visa

Do not apply for this visa if:

• you or your partner have any near relatives, who are usually living outside Australia, or are only living in Australia on a temporary visa, Bridging visa or unlawfully.

• your sponsor (or their partner) was the holder of, or sponsored someone else for, a Remaining Relative visa (subclass 835 or subclass 115), Preferential Family visa (subclass 104) or Family visa (subclass 806).

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

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