Family Visas, Partner Visas & Parent Visas

If you are in a relationship with an Australian citizen, Permanent Resident, or eligible New Zealand citizen, you may be able to apply for Partner Visa.
You can be married or have lived together in de-facto relationship.

Visa Conditions

Initially, should you be successful, you would be grated a Temporary Partner Visa for two year. You would have full rights to work, travel out of Australia and receive Medicare services.

After this period, the DICMMA will consider the grant to you a Permanent Partner Visa. The DIBP will then ask for current evidence as to your relationship with your partner.

The 2 year period may be waived should you and your partner be able to provide further information such as:

  • you have been in the relationship with your partner for three years or more at the time of application; or
  • been relationship for two years and there is dependent child of the relationship; or
  • your partner was granted a permanent visa under the humanitarian program or was granted a protection visa and was in the relationship with you before the visa was granted and this relationship was declared to the Department of Immigration at the time.

Should your relationship broke up before the end of the 2 year period, you may still have a chance to get your permanent visa if:

  • your partner has died during this period; or
  • you and your Australian partner have children under 18 years of age; or
  • you or your dependants have been subject to domestic violence during this period

Visa Criteria

Genuine Relationship

You will need to show that you and your partner have a commitment to a shared life together, to the exclusion of all others. You and your partner must live together, or at least not live apart on a permanent basis.

The Department of Immigration considers different aspects of your relationship, including:

  • Cohabitation: you need to show that you and your partner are living in the same address;
  • Financial Interdependence: you need to demonstrate that you and your partner are financially committed together by presenting evidence such as join bank account, sharing expenses etc;
  • Social aspects of the relationship: participating in social activities, traveling together, presenting socially yourselves as partner etc.

Defacto Relationship – 12 Months Cohabitation

In a defacto relationship you usually need you provide evidence as to you and your defacto partner lived together for the last 12 months. The Department of Immigration asks for evidence as to that effects such as lease agreement under both names, letter and/or other documents posted to the same address for you and your partner.

Should exceptional circumstances exist, it may be possible to waive this 12 months requirement.

In case you are married or you have had your relationship registered in an Australian state or territory, you would be similarly exempt from the 12-month cohabitation requirement.

Health & Character

You will need to satisfy full health and police checks requirements.

This visa is for those who intend to marry an Australian citizen or permanent resident.

Visa Conditions and Duration

A fiance visa is for nine months and during which you are expected marry your sponsor. You have rights to work in Australia and marrying your partner is a requirement before you become eligible to apply for a Partner Visa. That needs to be done before the expiry of the nine months.

Visa Criteria

The following criteria must be met:

  • You need to be engaged to an Australian citizen, Australian permanent resident;
  • Intend to get married within Australia;
  • You and your fiance have met and are personally known to each other
  • Both you and your fiance must in general be aged 18 years or over
  • you must be outside Australia both at the time of application and time of decision

Parent Visa allows parents of children who are Australian citizens or permanent residents to be sponsored for permanent residence in Australia.

Duration and Conditions

All parent visas are permanent visas except Contributory Parent (Temporary).


The main criteria:

  1. The parent must be sponsored by a child who is an Australian citizen or permanent residents.
  2. The “balance of family test” must be met. That is, the number of children who are lawfully and permanently resident in Australia must be:
    • Greater than, or equal to, the total number of children who are resident overseas; or
    • Greater than the greatest number of children who are resident in any single overseas country.
  3. Assurance of support is required in all cases.

Contributory Parent Categories

There are two types of contributory parent visa:

  1. Contributory Parent (Permanent):
  2. Contributory Parent (Temporary):

Do I Apply in Australia or Overseas?

Parent visas must generally be applied from outside Australia. However, if an applicant is 65 or over he or she may apply within Australia.
If the application is lodged in Australia, the applicants remain in Australia on a bridging visa for the processing time of the application.

Get in touch with Nikjoo Lawyers

Your Sydney migration visa specialists
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