Family and Partner Visas in Australia: Questions Answered

Family and Partner Visas | Adelaide Law Firm | MSM Legal

Living in Australia can be a wonderful experience. But, if you are away from family, it can be an isolating and lonely time. The benefits of an Australian lifestyle can feel less important if you are away from loved ones. 

Are you an Australian citizen or a permanent resident in Australia? Do you want to sponsor a member of your family for an Australian visa? Are you in a relationship with an Australian citizen or permanent resident? Lawyers at MSM Legal can assist you.

  • Do you need help with your Partner visa application?
  • Do you have questions about the different Parent visas?
  • Do you need a Child or Carer visa for someone in your family?

We want to help you reunite your family. Contact our expert team of Registered Migration Agents and immigration lawyers at MSM Legal.

Applying for the right visa is complicated and time-consuming. We understand the difficulties you are facing. MSM Legal has years of experience with Family and Partner visas, allowing our team to expertly guide you.

Let us do the work for you.

We can help with all Family and Partner visas: lawyers at MSM Legal are also Registered Migration Agents. We know that life, and families, can be busy and complicated. Our team offers compassion alongside expert advice and efficient, professional service.

Contact us today on 08 8161 5088, or at mail@msmlegal.com.au

Who qualifies for a Partner visa? 

Partner visas | Subclass 820 | Subclass 801 | Subclass 309 | Subclass 100

Partner visas are for married couples and those in de facto relationships. You must be in a committed, ongoing, and genuine relationship with an Australian citizen or a permanent resident, or eligible New Zealand citizen.

Partner visas include same-sex relationships. Same-sex de facto couples may register their relationship in South Australia. Registration is also available in some other states and territories in Australia.

The Partner visa subclass 820 is a temporary visa. This is the visa that allows you to stay in Australia if you apply for a permanent residency Partner visa subclass 801. These are on-shore visas.

You apply for the permanent Partner visa at the same time as the temporary visa. To apply for a partner visa, contact MSM Legal. We are ready to help you.

The Partner provisional visa subclass 309, and the Partner (Migrant) visa subclass 100 are offshore visas.

What is a Prospective Marriage visa | Subclass 300?

A Prospective Marriage visa is sometimes referred to as a ‘Fiancé visa.’ These visas are for a prospective spouse.

If you are not yet married to your prospective spouse, but you intend to marry, this is the right visa to apply for as there is some allowance for the fact that you may not yet have had the opportunity to combine your lives together. Applicants must be over 18 years of age and must intend to live together on a genuine domestic basis.

You must marry within a certain time limit with a Prospective Marriage visa. You must apply for this visa offshore.

What should I know about Parent visas and the balance of family test? 

For Parent visas, the Department of Home Affairs uses a test to measure an applicant’s family connection to Australia. This test is called the ‘Balance of Family’ test.

It will be applied in if you have applied for one of the following visas:

  • Parent visa | Subclass 103
  • Contributory Parent visa | Subclass 143
  • Aged Parent visa | Subclass 804
  • Contributory Aged Parent visa | Subclass 864
  • Contributory Aged Parent (Temporary) visa | Subclass 884

At least half of the parent’s children (or stepchildren) must be eligible. Alternatively, there must be more eligible children living in Australia than children living in another single country. This test is strictly applied by the Department of Home Affairs.

There are other temporary Parent visas available in Australia. These include the Sponsored Parent (Temporary) visa subclass 870, and the Contributory Parent (Temporary) visa subclass 173.

Is there a special category of Family visas for New Zealand citizens? 

New Zealand Citizen Family Relationship visa | Subclass 461

This visa is a temporary visa for a family member of an eligible New Zealand citizen. It allows the visa holder to stay in Australia for 5 years.

Can I apply for a visa for my child? 

Subclass 101 | Subclass 802 | Subclass 102

If you are a parent your child might be eligible for a Child visa subclass 101. You must either be an Australian citizen, an eligible New Zealand citizen or you must have a permanent visa to live in Australia.

Visa 101 is a permanent visa and allows a dependent child to move to Australia. They will be able to study and have access to Medicare.

If you are a parent, and you have applied for a permanent visa, you can also apply for a visa for your child.  The Dependent Child visa subclass 445 could be issued to allow your child to stay in Australia while the Department of Home Affairs processes your permanent visa application.

If a child adopted by an Australian citizen, an eligible New Zealand citizen or the holder of an Australian permanent visa, the relevant visa is the Adoption visa subclass 102.

Can I apply for a visa for any other family relationships?

At MSM Legal, we know that families come in many shapes and sizes. Perhaps you have an aged dependent relative. You might need to apply on behalf of an orphan or a remaining relative. Or you might need to apply for a carer visa.

Our lawyers have many years of experience with these visas. Contact us to set up a consultation to discuss your individual situation.

  • Aged Dependent Relative visa | Subclass 114 and 838
  • Remaining Relative visa | Subclass 115 and 835
  • Orphan Relative visa | Subclass 837 and 117
  • Carer visa | Subclass 116 and 836

What if my relationship breaks down? 

Not all relationships last forever. If your relationship breaks down, it is important to get legal advice from an experienced immigration lawyer right away.

Separation, divorce, or the death of your spouse can all impact your immigration status.

You might still be eligible for your visa. It is very important to have accurate legal advice. Please reach out to our team at MSM Legal.

We have strong relationships with other experts in the legal profession, including family lawyers, property lawyers, and criminal lawyers. For example, we can connect you with family and property lawyers if you need to organise documents relating to a property settlement.

It is very important to have expert immigration lawyers advise you on the best course of action relating to your visa status if there are changing circumstances in your life. These matters can be urgent and it is important you seek advice quickly.

MSM Legal has a team of excellent lawyers. We are ready to listen with compassion and help you take appropriate action.

Call us now on 08 8161 5088.

Family violence and visas

Family violence is a crime. You do not have to stay in a family violence situation to continue to live in Australia.

If you or a family member are at risk, or facing an emergency situation, please contact the police on 000.

If you need an immediate interpreter for your phone call, call Automated Telephone Interpreting Service (ATIS) on 131 450.

Other services that are available include:

  • 1800 RESPECT: Call toll-free 1800 737 732. Available 24 hours a day. It is a national sexual assault, family and domestic violence counselling line.
  • Lifeline 131 114
  • Relationships Australia 1300 364 277

It is important to seek legal advice. Your family member, or members of your community, should not make threats about your visa status.

How can the immigration lawyers at MSM Legal help me? 

Do you need a family visa lawyer? Adelaide’s MSM Legal has a team of expert immigration lawyers and Registered Migration Agents ready to help you today.

Are you looking for a way to reunite with someone important in your life?

Have the circumstances in your relationship changed?

Our immigration lawyers at MSM Legal want to help you with every step of the process.

Contact us today on 08 8161 5088.