FAMILY VISA

A child must apply for the 445 visa if they were not included in their parent’s granted application for a Temporary Partner Visa but wish to apply for the same permanent partner visa as their parent. Once granted this visa, the child must promptly apply for the same permanent partner visa as their parent.

The child must apply for their visa before a decision is made on their parent’s permanent partner visa application. Failure to do so may result in the child becoming unlawful if they are in Australia when the decision on their parent’s visa is made. This could potentially limit their permanent visa options.

This visa allows the child to temporarily move to or stay in Australia until their parent’s permanent partner visa application is decided. They can work, study, and travel to and from Australia through this visa.

To apply for the 445 visa, the child must be:

• Either in or out of Australia at the time of application.
• A dependent child of a parent who holds a Subclass 309 – Partner Provisional Visa, Subclass 310 – Interdependency Visa, Subclass 445 – Dependent Child Visa, Subclass 820 – Partner Visa, or Subclass 826 – Interdependency Visa.
• Sponsored by the same person sponsoring their parent (with limited exceptions).
• Meet the health and character requirements.
• Have consent to travel to Australia.

The 102 visa allows a child to stay in Australia indefinitely with their adoptive parent, work, study, access public healthcare, sponsor relatives, and potentially obtain citizenship.

To be eligible for this visa, the child must be sponsored by their parent or their parent’s partner, be adopted or in the process of being adopted by the sponsor parent, meet the health requirement, and be under 18 at the time of adoption, application submission, and decision.

Through the 117 visa, the child can stay in Australia indefinitely, work, study, access public healthcare, sponsor relatives, and apply for Australian citizenship, if eligible.

The child must be out of Australia at the time of application and decision to apply for this visa. They must be a relative of an Australian citizen, permanent resident, or eligible New Zealand citizen, and be sponsored by such a relative. The child must also be unable to be cared for by their parents due to their parents being missing, deceased, or permanently incapacitated. Additionally, they must be under 18 years old at the time of application, have consent to migrate to Australia, and meet the health and character requirements.

Meanwhile, the 837 visa allows the child to live permanently in Australia, study and access public healthcare, and apply for Australian Citizenship, if eligible. Similar eligibility criteria apply to this 837 except that to apply for this visa, the child must be in Australia but not in immigration clearance at the time of application and decision.

This 804 visa allows the parent to permanently move to or stay in Australia, sponsor eligible family members, and apply for Australian citizenship if eligible.

To apply for this visa, the parent must be onshore, have a child living in Australia, desire to become a permanent resident, meet age requirements – old enough to receive the age pension in Australia – satisfy the Balance of Family Test and meet health and character requirements.

The 870 visa allows the parent to visit Australia for up to 3 or 5 years per visa and apply for further visas to extend their total stay to a maximum of 10 years, but they are not permitted to work in Australia.

To apply for this visa, the parent must be sponsored by an approved parent sponsor, be at least 18 years old, be outside Australia for at least 90 days if the parent holds or has previously held a Sponsored Parent (Temporary) Visa – unless invited to apply in writing by the Department – meet residency and health insurance requirements, and satisfy health, character, and national security criteria.

Additionally, the sponsor of this visa must have a minimum taxable income of $83,454.80.

The Contributory Aged Parent (Temporary) Visa allows the parent to live in Australia for up to 2 years, work and study there without government support, and apply for a Subclass 864 – Permanent Contributory Aged Parent Visa.

To apply, the parent must be in Australia, have a child living here, have the desire to live here temporarily for up to 2 years, meet age requirements, be willing to pay higher visa application charges for faster processing, satisfy the Balance of Family Test, and have a sponsor.

The 864 visa allows the parent to stay in Australia as a permanent resident, work, study, and access public healthcare.

To apply for this visa, the parent must be in Australia, have a child living in Australia, wish to become a permanent Australian resident, meet age requirements, be willing to pay higher visa application charges, satisfy the Balance of Family Test, meet health and character requirements, have an assurance of support, and have a sponsor.

It is best to keep in mind that if the parent currently holds a Subclass 884 – Temporary Contributory Aged Parent Visa and wishes to stay in Australia permanently, they can apply for this 864 visa before their temporary visa expires.

work, study, access public healthcare, and apply for a permanent Subclass 143 – Contributory Parent Visa.

To apply for the 173 visa, the parent must be overseas, have a child living in Australia, desire to live in Australia temporarily for up to 2 years, be willing to pay higher visa application charges for faster processing, have a sponsor, meet the Balance of Family Test, and meet health and character requirements.

This visa allows the parent to stay in Australia indefinitely, work, study, access Australia’s public healthcare system, sponsor family members to come to Australia, travel to and enter Australia for 5 years, and apply for Australian citizenship if eligible.

To apply for this visa, the parent must apply as a retiree, have a sponsor, meet the Balance of Family Test (if not applying as a retiree), meet the health and character requirements, and not have a previous visa cancellation or refusal.

• The 115 visa allows the applicant to stay in Australia indefinitely, work, study, access public healthcare, sponsor relatives, and potentially apply for Australian citizenship.

  To apply, the applicant must have a sponsor and be under 18 years old, single, and without a parent to care for them. They must have a relative who is a settled Australian citizen, eligible New Zealand citizen, or Australian permanent resident. The applicant must be in Australia but not in immigration clearance at the time of application and decision. Additionally, the applicant must meet the health and character requirements.

  As for the 835 visa, similar benefits and eligibility criteria apply except that to apply for this visa, the applicant must not have other near relatives and have an assurance of support.

The Aged Dependent Relative Visa allows the applicant to stay in Australia indefinitely, work, study, access public healthcare, sponsor relatives, and potentially apply for Australian citizenship.

To apply, the applicant must be overseas at the time of application and decision, be of Australian pensionable age, be dependent on their relative in Australia, have no partner, have an assurance of support, and meet the health and character requirements.

Although the 838 visa provides the same benefits, its eligibility requirements slightly differ. To apply for this visa, the applicant must be in Australia but not in immigration clearance at the time of application and decision. They must also have no further stay conditions and no previous visa cancellations/refusals.

The 836 visa allows the applicant to stay in Australia indefinitely, work, study, access public healthcare, sponsor relatives, travel to and from Australia for 5 years, and potentially apply for Australian citizenship.

To apply, the applicant must be in Australia at the time of application and decision, be a carer capable of providing significant care and ongoing support to their Australian relative, have a sponsor, hold or have held a substantive visa, and meet the health and character requirement.

The only difference between the 836 and 116 visa is that the applicant for the latter requires the applicant to be overseas at the time of the application and decision.