Partner & Family Migration

CMN is committed to helping families be together. We support partners, parents, children and relatives to remain or reunite with their loved ones. We use our extensive experience to prepare and support applications to give them the best chance of success, and we take pride in doing so.

CMN provides legal services to partners and families wanting to live together in Australia. Our team of experienced legal professionals prepare and support clients throughout the entire visa application process. This entails compassionate advice and representation for all partner and family visas. 

We are committed to giving you the best chances of a successful visa application, allowing you to create more memories with loved ones. 

Partner visas unite people in domestic relationships from all over the world. If you wish to build a life with your partner in Australia, you will need to apply for one of the following visa options. In addition, you must prove that you are in a genuine, ongoing relationship for the visa application to be successful.

Partner (Provisional) Visa – Subclass 309

• The 309 partner visa is the first step towards a permanent visa for de facto partners and spouses (people in a genuine domestic relationship). 
• The partner living in Australia must be an Australian citizen, Australian permanent resident, or New Zealand citizen with eligibility. The migrant partner must be outside Australia when the visa application is submitted.
• With the 309 visa, the migrant partner can live, work and study in Australia while their permanent partner visa (subclass 100) is being processed. During this time, they may also travel in and out of Australia.

Partner Visa Temporary – Subclass 820

• The 820 partner visa is a stepping stone before getting the permanent visa for de facto partners and spouses (people in a genuine domestic relationship). 
• The partner living in Australia must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The migrant partner must also be in Australia when the visa application is submitted. If other family members choose to apply alongside the partner, they must be in Australia too.
• An 820 visa holder can live, work and study in Australia while their permanent partner visa (subclass 100) is being processed. They may also travel in and out of the country.

Partner Migrant Visa – Subclass 100

• The subclass visa 100 allows de facto (genuine) domestic partners and spouses of Australian citizens and permanent residents, as well as eligible New Zealand citizens, to live in Australia permanently. 
• Partner (migrant) visa 100 holders typically have a provisional or temporary partner visa beforehand. 
• The relationship between the two partners should typically be ongoing once they both reside in Australia. They can also sponsor eligible family members to move to Australia and apply for citizenship.

Partner Visa (Permanent) – Subclass 801

• The 801 visa allows de facto (genuine) domestic partners and spouses of Australian citizens and permanent residents, as well as eligible New Zealand citizens, to permanently live in Australia.
• The visa subclass 801 is typically for people who hold a temporary partner visa (subclass 820).
• Holders of this visa can live, work and study in Australia and typically must remain married to their partner. They can also eventually sponsor family members to move to Australia and apply for citizenship if eligible.

The prospective marriage visa gives international partners an opportunity to get married in Australia. They can stay in the country for a set amount of time and marry partners who are Australian citizens or permanent residents.

Prospective Marriage Visa – Subclass 300

• This subclass 300 visa allows overseas individuals to visit Australia and marry their partner. The visa has a relatively fast processing time, making it easier to plan a wedding.
• The migrant partner can live, work and study in Australia for up to 15 months once the visa has been granted. In addition, they must be 18 years old, or older, to successfully attain this visa.

Child visas allow children living outside of Australia to move to the country in order to live with their parent. This typically occurs when two parents live in different countries and have made the decision to have their child move to Australia.

Child Visa – Subclass 101

• The 101 visa enables a child outside of Australia to move to the country and live with their parents permanently. Their parents must be citizens or permanent residents of Australia. Alternatively, they must be eligible New Zealand citizens. 
• As a permanent resident, the child can study in Australia, access Medicare and apply to become a citizen if eligible. The child must be under 18 years old or a full-time, financially dependent student if between the ages of 18 and 25. They can also receive this visa if they have a disability that hinders them from working. 

Child Visa – Subclass 802

• The 802 visa enables a child in Australia to stay in the country and live with their parents permanently. Their parents must be citizens or permanent residents of Australia. Alternatively, they must be eligible New Zealand citizens. 
• As a permanent resident, the child can study in Australia, access Medicare and apply to become a citizen if eligible. The child must be under 18 years old or a full-time, financially dependent student if between the ages of 18 and 25. They can also receive this visa if they have a disability that hinders them from working.
• The visa subclass 802 applies to a child that is already in Australia.

Dependent Child Visa – Subclass 445

• The 445 visa enables a child to stay in Australia temporarily while their parent’s permanent partner visa application is being processed.
• The child has the freedom to move or stay in Australia during the visa processing period. They can also work and study in the country.

An Australian adoption visa allows adopted children to migrate to Australia to live, work or study indefinitely. This visa allows them to get settled in the country while permanent residency applications are being processed. It is important to note that this visa is also applicable to children in the process of being adopted, but does not form part of the formal adoption process. 

Adoption visa – Subclass 102

• The 102 visa allows children adopted outside Australia (when under the age of 18) to permanently live in the country with their adoptive parent. The child must be outside of Australia when the application is submitted. Furthermore, this visa also applies to children in the process of being adopted.
• The child can live, work, study and travel in Australia while their parent’s visa application is being processed. 

Parent visas allow eligible parents to live in Australia permanently if their child is already settled in in the country. Their child must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. 

Parent Visa – Subclass 103

• The 103 visa allows the parent of a settled Australians to stay in the country as permanent residents. Eligible parents can also apply for citizenship. Furthermore, the parent cannot have already applied for a temporary sponsored parent visa (subclass 870).

Contributory Parent Visa – Subclass 143

• The 143 visa enables the parents of a settled Australian, or eligible New Zealander, to become a permanent resident in Australia. Eligible parents must pass the balance-of-family test, unless they are applying through the retirement pathway. In addition, the parent cannot have already applied for a temporary sponsored parent visa (subclass 870).

Contributory Parent (Temporary) Visa – Subclass 173

• This temporary 173 visa allows the parent of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to temporarily stay in Australia. All applicants must adhere to Australian law, meet the balance-of-family-test, and not already hold a sponsored parent (subclass 870) visa.

Aged Parent Visa – Subclass 804

• The 804 visa allows the aged parent of a settled Australian to move to the country. The parent can stay in Australia as a permanent resident and apply for Australian citizenship if eligible. This visa only applies to parents old enough to receive pension in Australia. In addition, the visa applicant cannot already hold a sponsored parent visa (subclass 870).

Contributory Aged Parent Visa – Subclass 864

• The 864 visa allows the aged parent of a settled Australian to move to the country. The parent can stay in Australia as a permanent resident and apply for Australian citizenship if eligible. This visa only applies to parents old enough to receive pension in Australia. In addition, the visa applicant cannot already hold a sponsored parent visa (subclass 870). 
• The 864 visa is typically processed faster than the 804 aged parent visa, however, it comes at a higher cost.

Contributory Aged Parent (Temporary) Visa – Subclass 884

• The 884 visa allows the aged parent of a settled Australian to move to the country for up to 2 years. This visa only applies to parents old enough to receive pension in Australia. In addition, the visa applicant cannot already hold a sponsored parent visa (subclass 870).
• The 884 is typically a stepping stone while parents wait for their permanent contributory aged parent visa (subclass 864)

There are several scenarios where relatives are in need of support from family and loved ones in Australia. In the event that a dependent or orphaned relative needs to move to Australia to receive adequate care, they can apply for the following visas.

Aged Dependent Relative Visa – Subclass 114

• The 114 visa allows a single older person to permanently move to Australia if they rely on a relative living in the country for financial support. They can also apply for Australian citizenship if eligible.
• Applicants must be outside of Australia when submitting the application and sponsored by a relative or relative’s partner.

Orphan Relative Visa – Subclass 117

• The 117 visa allows a single child to permanently move to Australia if their parents are deceased, missing or cannot care for them. They can also study or work in Australia, and apply for citizenship if eligible.
• Applicants must be under 18 and outside of Australia when submitting the application, and sponsored by a relative or relative’s partner. The sponsor must be a settled permanent resident, Australian citizen or New Zealand citizen. 

Orphan Relative Visa – Subclass 837

• The 837 visa allows a single child to permanently move to Australia if their parents are deceased, missing or cannot care for them. They can choose to study or work in Australia, and eventually apply for citizenship.
• Orphan visa applicants must be under 18 and in Australia when submitting the application. They must be sponsored by a relative or relative’s partner who is a permanent resident, Australian citizen or New Zealand citizen. 

Aged Dependent Relative Visa – Subclass 838

• The 838 visa allows a single older person to permanently live in Australia if they rely on a relative in the country for financial support.
• In order to receive this visa, you must be sponsored by an eligible relative and already be in Australia (not immigration clearance). Eligible sponsors include relatives or your relative’s partners.