Family Class Visas – An Overview

CONTRIBUTORY PARENT (Permanent) – sub class 143.

Similar to the normal parent visa, sub class 103 in respect of balance of family and sponsorship.

What it entitles you to: Permanent residence in Australia.

Terms and Conditions: Sponsorship by the child in Australia who must be a settled resident. A substantial second visa application charge must be paid – currently $29,330 per person which is updated on 1^st July each year. Additionally a ten-year assurance of support is required with a $10,000 bond for the principal applicant and $4,000 for each other adult applicant.

Further Information: A greater number of places are available than for sub class 103 and, as a result, there is no queue

CONTRIBUTORY PARENT (Temporary) – sub class 173.

The second visa application charge is paid in two installments of $17,595 and $11,730 per person and a two-year temporary residence visa is issued pending payment of the second installment. Again a ten-year assurance of support is required for $10,000 for the principal applicant and 4,000 for each other adult applicant.

PARENT (Permanent) – sub class 103.

Who can apply: Parents of children who are citizens or permanent residents of Australia or eligible New Zealand Citizen.

What it entitles you to: Permanent Residence.

Terms and Conditions: The balance of family among the children must be at least 50/50 Australia/Elsewhere and the sponsoring child must be a settled resident of Australia i.e. must have been resident for at least two years. In addition to sponsorship an assurance of support is required, covering the first two years in Australia, involving lodgement of the necessary bond.

Further Information: Due to restricted numbers of places per year, there is still an appreciable queue of people, approved in principle but waiting places in the annual allocations. The queue can be for some years. Please see sub class 143 above.

SPOUSE (Permanent) – sub class 100 / 801.

Who can apply: the partner (married or defacto) of an Australian citizen, permanent resident or eligible New Zealand citizen, wishing to obtain permanent residence themselves.

What it entitles you to: Full permanent residence.

Terms and Conditions: The Partnership must be genuine and stable and the Australian partner must meet the requirements to sponsor the other.

Further Information: Generally granted in Australia two years after first applying for the temporary residence visa 309 (Provisional Partner). Same sex partners are covered by Sub Classes 110 and 310.

PROVISIONAL SPOUSE (Temporary) – sub class 309.

The initial two-year visa for partners of Australian citizens or permanent residents or eligible New Zealand citizen.

Who can apply: Married or De-facto partners who are outside Australia.

What it entitles you to: Two years temporary residence with rights to work.

Terms and Conditions: In addition to a marriage certificate if available, evidence of at least twelve months cohabitation must be provided with the application.

Further Information: Same sex partners are covered by Sub Class 310/110. Partners of Australian citizens or permanent residents wanting to marry in Australia should apply for Sub Class 300, Prospective Marriage visa which provides for nine months temporary residence for the ceremony to take place.

PROSPECTIVE MARRIAGE (Temporary) – sub class 300.

Who can apply: You must be outside Australia when you apply for this visa and when the visa is granted and be engaged to your sponsor who must be an Australian citizen, an Australian permanent resident or eligible New Zealand citizen.

What it entitles you to: Temporary residence with rights to work.

Terms and Conditions: You must marry within nine (9) months of being granted this visa. The marriage may take place either in or outside Australia as long as the marriage takes place after the applicant’s first entry to Australia on their Prospective Marriage visa.

Further Information: Following your marriage and before the Prospective Marriage visa expires, apply for a Spouse visa to allow you to remain in Australia.

REMAINING RELATIVE (Permanent) – sub class 115.

Who can apply: Brothers, sisters or children of Australian citizens or permanent residents or eligible New Zealand Citizen. What it entitles you to: Permanent residence.

Terms and Conditions: You and/or your spouse must not have any near relative (parent, sibling, or minor child not in your daily care and control, or child over 18 who is not dependent on you) other than a near relative who is usually resident in Australia and either an Australian citizen, Australian permanent resident or eligible New Zealand citizen. You must be sponsored by your Australian relative who is settled and a two-year assurance of support is required.

Further Information: Your sponsoring relative may sponsor only one remaining relative.

CHILD (Permanent) – sub class 101.

Who can apply: The natural dependent child or in some cases the adopted or step child of an Australian citizen, permanent resident or eligible New Zealand citizen.

What it entitles you to: Full permanent residence in Australia.

Terms and Conditions: The child must be under 25, but if 18 or older must be a full time student and dependent on parents. Only exception is where child has a disability which stops them from working.

Further Information: The child must not be married, engaged to be married or in a defacto relationship.