Family Visas

Family Migration Visas

We assist individuals and families to reunite and build their lives together in Australia through carefully prepared, evidence-based visa applications. Our services focus on assessing eligibility, meeting legislative requirements, preparing strong supporting documentation, and managing applications from initial assessment through to final decision.

The main Australian Family Migration visa pathways we assist with include:

1. Partner Visas – Subclasses 820/801 and 309/100
2. Prospective Marriage Visa – Subclass 300
3. Child Visas – Subclasses 101 and 802
4. Dependent Child Visa – Subclass 445
5. Adoption Visa – Subclass 102
6. Orphan Relative Visas – Subclasses 117 and 837
7. Parent Visas – Subclasses 103 and 804
8. Contributory Parent Visas – Subclasses 143, 173, 864 and 884
9. Sponsored Parent (Temporary) Visa – Subclass 870
10. Remaining Relative Visas – Subclasses 115 and 835
11. Carer Visas – Subclasses 116 and 836
12. Aged Dependent Relative Visas – Subclasses 114 and 838

Our Family Visa Services

We provide professional assistance with both straightforward and complex family migration matters, including:

• Initial visa eligibility and pathway assessment
• Sponsor eligibility and sponsorship applications
• Relationship and family evidence
• Preparation and lodgement of visa applications
• De facto and married partner relationship evidence
• Financial, household, social and commitment evidence
• Parent visa eligibility and Balance of Family Test considerations
• Assurance of Support requirements where applicable
• Child dependency and parental responsibility matters
• Health requirements and health waiver matters
• Character concerns and character-related submissions
• Previous visa refusals or cancellations
• Schedule 3 and other complex Partner visa issues
• Responses to Departmental requests for further information
• Natural justice and adverse information responses
• Changes in circumstances after lodgement
• Ongoing case management until a decision

Every family migration pathway has different eligibility, sponsorship, relationship, dependency, health, character and documentation requirements. We assess the applicant’s circumstances carefully to identify the most appropriate visa pathway and help prepare a complete, accurate and decision-ready application.

1. Partner Visas

Partner Visas – Subclasses 820/801 and 309/100

Australian Partner visas allow the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia.

Partner migration generally involves a two-stage pathway:

• Temporary Partner visa → Permanent Partner visa

The appropriate pathway depends primarily on the applicant’s circumstances and the visa subclass being applied for.

The main Partner visa pathways are:

Onshore Partner Visa

Subclass 820 – Partner (Temporary) Visa
Subclass 801 – Partner (Permanent) Visa

Offshore Partner Visa

Subclass 309 – Partner (Provisional) Visa
Subclass 100 – Partner (Migrant) Visa

Although applicants generally apply for the temporary/provisional and permanent stages together, the Department usually assesses permanent residence at a later stage unless circumstances permit earlier permanent-stage consideration.

Who Can Sponsor a Partner?

The sponsor generally needs to be:

• An Australian citizen
• An Australian permanent resident, or
• An eligible New Zealand citizen

The sponsor must also satisfy applicable sponsorship requirements.

Previous sponsorships, previous Partner visa applications and certain adverse information may affect sponsorship eligibility.

Who Can Apply?

An applicant generally needs to be the spouse or de facto partner of an eligible sponsor.

The relationship must satisfy the applicable legal requirements.

The Department will consider whether the relationship is genuine and continuing rather than simply whether the couple has a marriage certificate or lives at the same address.

Married Applicants

For applicants relying on marriage, the marriage must generally be legally recognised for Australian migration purposes.

However, a marriage certificate alone is not sufficient evidence of a genuine Partner visa relationship.

The couple should be able to demonstrate the genuine and continuing nature of their relationship.

De Facto Applicants

Applicants who are not married may potentially qualify based on a de facto relationship.

Generally, the couple needs to demonstrate that they have been in a de facto relationship for at least 12 months immediately before applying, unless an exception applies.

Exceptions may potentially apply in certain circumstances, including where the relationship has been formally registered under an Australian state or territory relationship registration scheme or where other prescribed circumstances apply.

Whether the 12-month requirement is satisfied should be assessed carefully before lodgement.

Four Main Areas of Relationship Evidence (Four Pillars)

Partner visa applications require much more than photographs and a marriage certificate.

The Department generally considers the relationship across four broad areas.

1. Financial Aspects of the Relationship

Evidence may include:

• Joint bank accounts
• Joint savings
• Joint loans
• Joint property ownership
• Joint lease or mortgage
• Shared household expenses
• Utility bills
• Insurance policies
• Money transfers
• Financial support
• Joint purchases
• Evidence of financial responsibilities

The evidence should demonstrate how the couple actually manages their finances together.

2. Nature of the Household

Evidence may include:

• Joint residential arrangements
• Lease documents
• Property records
• Utility accounts
• Mail addressed to both partners
• Household responsibilities
• Domestic arrangements
• Evidence concerning care of children
• Statements explaining how household responsibilities are shared

3. Social Aspects of the Relationship

Evidence may include:

• Photographs together
• Travel records
• Invitations
• Social events
• Evidence of holidays
• Statements from family and friends
• Joint memberships
• Social media evidence where appropriate
• Evidence that family and friends recognise the relationship

4. Nature of the Commitment

This can include evidence demonstrating:

• Length of the relationship
• Knowledge of each other’s personal circumstances
• Emotional support
• Communication while separated
• Future plans
• Long-term commitment
• Wills and beneficiaries
• Superannuation nominations
• Emergency contacts
• Plans concerning children, housing or family life

The Department assesses the totality of the relationship evidence rather than relying on one particular document.

Subclass 820/801 – Onshore Partner Visa

The Subclass 820/801 pathway is generally for eligible applicants applying for a Partner visa while in Australia.

The application covers both:

Subclass 820 – Temporary Partner Visa
and
Subclass 801 – Permanent Partner Visa

The temporary stage is generally considered first.

Subclass 820 – Temporary Stage

If granted, the Subclass 820 visa generally allows the applicant to:

• Remain in Australia
• Work in Australia
• Study in Australia
• Access Medicare subject to eligibility
• Travel to and from Australia while the visa is valid
• Continue towards permanent residence through Subclass 801

Bridging Visa After an Onshore Application

An applicant who lodges a valid onshore Partner visa application may generally be granted a Bridging Visa.

The bridging visa typically becomes relevant when the applicant’s current substantive visa expires.

The conditions and travel rights of the bridging visa should be checked carefully.

A person wishing to travel overseas while holding a Bridging Visa A may need to obtain a Bridging Visa B before departure.

Leaving Australia without the appropriate bridging visa can create significant difficulties.

Subclass 801 – Permanent Partner Visa

The Subclass 801 is the permanent stage of the onshore Partner visa pathway.

The Department will generally consider whether the relationship remains genuine and continuing and whether the applicant continues to satisfy the relevant requirements.

Further evidence may need to be provided demonstrating the continuation of the relationship after the original application.

Subclass 309/100 – Offshore Partner Visa

The offshore Partner visa pathway consists of:

Subclass 309 – Partner (Provisional) Visa
Subclass 100 – Partner (Migrant) Visa

The applicant generally applies through the offshore Partner visa pathway and must satisfy the applicable requirements relating to location at the relevant stages.

Subclass 309 – Provisional Stage

Once granted, the Subclass 309 visa generally allows the applicant to:

• Enter Australia
• Live in Australia while progressing towards permanent Partner migration
• Work in Australia
• Study in Australia
• Access Medicare subject to eligibility
• Travel to and from Australia while the visa remains valid

Subclass 100 – Permanent Stage

The Subclass 100 is the permanent stage of the offshore Partner visa pathway.

When assessing the permanent stage, the Department generally considers whether the relationship remains genuine and continuing and whether the applicant satisfies the other applicable requirements.

When Is the Permanent Stage Considered?

In the usual Partner visa process, permanent-stage assessment generally becomes relevant approximately two years after the original Partner visa application was lodged.

At that stage, applicants may be asked to provide updated evidence showing that the relationship remains genuine and continuing.

This may include updated:

• Joint financial evidence
• Residential evidence
• Photographs
• Travel records
• Statements
• Household evidence
• Evidence relating to children
• Social evidence
• Future plans

Long-Term Relationships

In some circumstances, applicants who have been in a long-term relationship may be considered for the permanent Partner visa without the usual waiting period between temporary and permanent stages.

A long-term relationship can generally involve circumstances where the couple has been in a qualifying relationship for:

• At least 3 years; or
• At least 2 years where there is a dependent child of the relationship

The exact requirements should be assessed based on the circumstances.

Health Requirements

Partner visa applicants and relevant family members must satisfy applicable health requirements.

Health examinations may be required.

In certain circumstances, health issues can raise complex questions concerning whether a health waiver may be available.

These matters should be assessed individually.

Character Requirements

Partner visa applicants must satisfy the applicable character requirements.

Potential issues can include:

• Criminal convictions
• Pending charges
• Police records
• Previous visa cancellations
• Immigration compliance history
• Incorrect information in previous applications
• Identity concerns
• Other adverse information

Police certificates may be required from Australia and relevant overseas countries.

Character concerns should be properly addressed rather than left unexplained.

Sponsor Character and Relevant Offences

Partner visa sponsorship also involves sponsor-related requirements.

Sponsors may need to provide Australian and/or overseas police checks.

Certain relevant offences can affect sponsorship and may result in information being disclosed to the visa applicant.

These issues can be particularly important where there are convictions relating to violence, family violence or other serious offending.

Sponsorship Limitations

Restrictions can apply where a sponsor has previously sponsored another partner or was themselves granted a Partner visa through sponsorship.

Generally, limitations can involve:

• A maximum number of previous partner sponsorships; and
• Minimum periods between sponsorships.

Exceptions can potentially apply in compelling circumstances.

Previous sponsorship history should therefore be checked before lodging the application.

Family Violence Provisions

Australian migration law contains family violence provisions that can protect certain Partner visa applicants where the relationship has ended because of family violence.

Depending on the circumstances, an applicant may potentially continue through the Partner visa process despite the relationship ending.

Evidence requirements are important and can involve:

• Court documents
• Police evidence
• Protection or intervention orders
• Evidence from specified professionals
• Statutory declarations
• Other prescribed evidence

Applicants experiencing family violence should obtain advice about their immigration position and available protections.

What Happens if the Relationship Ends?

Relationship breakdown does not always mean that a Partner visa application must automatically fail.

Certain exceptions may potentially apply where:

• The applicant or a family member experienced family violence
• The sponsoring partner has died
• There is a child of the relationship and relevant parental responsibility/access arrangements exist

The precise requirements are complex and should be assessed individually.

Applicants should notify the Department of relevant changes in circumstances.

Schedule 3 and Applicants Without a Substantive Visa

Onshore Partner visa applications can become significantly more complex where the applicant does not hold a substantive visa at the time of application.

In some cases, Schedule 3 criteria may become relevant.

This can occur where a person:

• Has overstayed a visa
• Holds only a bridging visa
• Previously became unlawful
• Has complicated immigration history

Applicants in this situation should obtain advice before lodging an onshore Partner visa application.

A genuine relationship by itself does not necessarily resolve Schedule 3 issues.

No Further Stay Conditions

Applicants in Australia should check whether their current visa contains a No Further Stay condition, such as Condition 8503, 8534 or 8535.

These conditions can restrict the ability to lodge certain visa applications while in Australia.

In appropriate circumstances, a waiver may potentially be available, but strict requirements apply.

Applicants should not assume that marriage to an Australian citizen or permanent resident automatically removes a No Further Stay condition.

Previous Visa Refusals and Section 48

Applicants with a previous visa refusal or cancellation while in Australia may face additional restrictions.

Whether a Partner visa application can be lodged depends on the person’s circumstances, visa status and applicable legislation.

Previous immigration history should therefore be reviewed before application.

Including Children

Eligible dependent children can generally be included in a Partner visa application, subject to applicable requirements.

Children may need to satisfy:

• Dependency requirements
• Health requirements
• Character requirements where applicable
• Custody and parental responsibility requirements

Where a child is migrating without the other parent, evidence relating to consent or legal authority to relocate the child may be required.

What Happens After Permanent Partner Visa Grant?

Once the Subclass 801 or 100 visa is granted, the applicant becomes an Australian permanent resident.

Permanent residents can generally:

• Live in Australia permanently
• Work in Australia
• Study in Australia
• Access Medicare
• Sponsor eligible relatives for certain visas
• Travel during the applicable travel facility
• Apply for Australian citizenship once eligible

Common Mistakes in Partner Visa Applications

Common problems include:

• Assuming a marriage certificate is enough
• Providing too few relationship documents
• Uploading large quantities of evidence without organising or explaining it
• Weak personal relationship statements
• Inconsistent relationship dates
• Different information provided by applicant and sponsor
• Insufficient financial evidence
• Limited evidence of living together
• Poor evidence of social recognition
• Not explaining periods of separation
• Not explaining why joint finances are limited
• Providing screenshots without context
• Failing to update relationship evidence after lodgement
• Incorrectly claiming the start date of a de facto relationship
• Assuming relationship registration automatically proves the entire relationship
• Failing to disclose previous relationships
• Failing to disclose previous sponsorships
• Failing to disclose criminal or immigration history
• Ignoring a No Further Stay condition
• Lodging an onshore application without considering Schedule 3
• Travelling while on a Bridging Visa A without obtaining appropriate travel permission
• Failing to notify the Department of major changes
• Missing requests for further information
• Assuming the permanent Partner visa will be granted automatically after two years

Typical Partner Visa Process

Step 1: Assess applicant and sponsor eligibility
Step 2: Determine whether the onshore or offshore pathway is appropriate
Step 3: Assess marriage or de facto requirements
Step 4: Review immigration history and current visa conditions
Step 5: Review sponsor eligibility and previous sponsorship history
Step 6: Collect identity, character and relationship documents
Step 7: Prepare detailed applicant and sponsor relationship statements
Step 8: Organise evidence under the financial, household, social and commitment aspects
Step 9: Prepare and lodge the Partner visa and sponsorship applications
Step 10: Complete health and character requirements
Step 11: Respond to Departmental requests where required
Step 12: Temporary/provisional Partner visa assessment
Step 13: Continue collecting relationship evidence
Step 14: Complete permanent-stage assessment when eligible
Step 15: If approved, obtain Australian permanent residency

How Melton Migration Can Assist

At Melton Migration, we can assist with:

• Partner visa eligibility assessments
• Subclass 820/801 applications
• Subclass 309/100 applications
• Married and de facto Partner visa applications
• Relationship evidence strategy
• Applicant and sponsor relationship statements
• Sponsor applications
• Previous sponsorship issues
• Bridging visa matters
• No Further Stay conditions
• Schedule 3 matters
• Section 48 and previous refusal issues
• Health waiver matters
• Character concerns
• Family violence provisions
• Relationship breakdown matters
• Dependent children
• Requests for further information
• Natural justice responses
• Permanent Partner visa stage preparation
• Complex Partner visa matters
• Ongoing case management

A strong Partner visa application is not simply about proving that a marriage or relationship exists. The evidence should demonstrate that the relationship is genuine, continuing and supported by the couple’s financial, household, social and personal circumstances.

For complex cases involving previous refusals, unlawful status, Schedule 3, character concerns, No Further Stay conditions, family violence or relationship breakdown, careful assessment before taking action can be particularly important.

Disclaimer

This information is general information only and does not constitute immigration or legal advice. Partner visa legislation, policy, fees, processing arrangements and evidentiary requirements can change. Eligibility depends on the applicant’s and sponsor’s individual circumstances and the requirements applying at the relevant time. Applicants and sponsors should obtain advice relevant to their circumstances before lodging an application.

2. Prospective Marriage Visa – Subclass 300

The Prospective Marriage visa (subclass 300) is a temporary visa that allows an eligible person to come to Australia to marry their prospective spouse and subsequently apply for an onshore Partner visa.

It is commonly known as the fiancé or fiancée visa.

This visa may be suitable for couples who are engaged and genuinely intend to marry but are not yet married and may not currently satisfy the requirements for a de facto Partner visa.

The Subclass 300 visa is generally granted for a period of 9 to 15 months from the date of visa grant.

During this period, the visa holder must marry their prospective spouse before the visa expires if they intend to proceed through the Partner visa pathway.

Who Can Apply?

An applicant generally needs to:

• Be 18 years of age or older
• Have an eligible prospective spouse in Australia
• Be sponsored by that prospective spouse
• Have met the prospective spouse face-to-face as adults since turning 18
• Know the prospective spouse personally
• Genuinely intend to marry
• Genuinely intend to live together as spouses
• Be outside Australia when applying
• Meet health requirements
• Meet character requirements
• Satisfy all other applicable visa criteria

Who Can Sponsor?

The prospective spouse generally needs to be:

• An Australian citizen
• An Australian permanent resident, or
• An eligible New Zealand citizen

The sponsor must generally be at least 18 years of age.

The Department must approve the sponsorship.

Previous Partner visa sponsorships, previous sponsored relationships and certain criminal history may affect a person’s ability to sponsor.

You Must Have Met in Person

A particularly important requirement is that the applicant and prospective spouse must generally have met each other face-to-face as adults since turning 18.

An online-only relationship is generally insufficient for this visa.

The couple must also know each other personally at the time of application.

Evidence may include:

• Photographs together
• Passport stamps
• Airline tickets
• Hotel bookings
• Travel itineraries
• Messages discussing meetings
• Evidence from family and friends
• Other records demonstrating that the couple met personally

Genuine Intention to Marry

The couple must genuinely intend to marry within the visa period.

Evidence of the proposed marriage is therefore important.

This may include:

• Notice of Intended Marriage
• Letter from an authorised marriage celebrant
• Wedding venue booking
• Wedding invitations
• Wedding planning correspondence
• Receipts for wedding-related expenses
• Communication between the couple regarding wedding plans
• Statements from family members
• Other evidence demonstrating genuine marriage plans

The proposed marriage must be capable of being recognised as valid under Australian law.

Evidence of the Relationship

Subclass 300 is not granted simply because two people say they are engaged.

The Department will assess whether the relationship is genuine and whether the couple genuinely intend to marry and live together as spouses.

Evidence can include:

Relationship History

The applicant and sponsor should explain:

• How they first met
• When they first met in person
• How the relationship developed
• Important events in the relationship
• When and how they became engaged
• Time spent together
• Periods spent apart
• How they maintain communication
• Their wedding plans
• Their future plans as a married couple

Communication Evidence

For couples living in different countries, communication evidence can be particularly important.

This may include:

• Messages
• Call records
• Video call history
• Emails
• Social media communication
• Cards and letters

Rather than uploading thousands of repetitive screenshots, evidence should generally be organised to demonstrate the continuity and development of the relationship over time.

Financial Evidence

Depending on the relationship, evidence may include:

• Money transfers
• Joint purchases
• Financial support
• Shared travel expenses
• Wedding expenses
• Gifts
• Joint financial arrangements

Couples who have not yet lived together may naturally have less joint financial evidence than married or long-term de facto couples. The available evidence should therefore be considered in the context of the relationship.

Social Evidence

Evidence may include:

• Photographs with family and friends
• Engagement ceremony photographs
• Social events attended together
• Travel together
• Invitations
• Statements from family and friends
• Evidence that the relationship is known to both families

Form 888 – Supporting Witnesses

The Department currently requires relationship evidence including statements from two witnesses aged 18 or overwho know the applicant and prospective spouse and know about their relationship.

Form 888 may be used for these supporting statements.

Strong witness statements should be based on the witness’s genuine personal knowledge of the couple and their relationship.

Previous Relationships

Both applicant and sponsor should accurately disclose relevant previous relationships.

Where applicable, evidence may include:

• Divorce certificates
• Death certificates
• Separation documents
• Court documents
• Other evidence showing the previous relationship has ended

Previous relationship information should be consistent with earlier Australian visa applications and official records.

Health Requirements

The applicant and relevant family members must meet the applicable Australian health requirements.

Health examinations may be required before the visa can be granted.

Character Requirements

Applicants must satisfy Australia’s character requirements.

The Department may require police certificates from countries where the applicant has lived for the relevant periods.

Character matters can include:

• Criminal convictions
• Pending criminal charges
• Previous immigration problems
• Visa cancellations
• False or misleading information
• Other adverse information

Applicants should disclose relevant matters accurately.

Sponsor Character Requirements

The sponsor may also be required to provide police checks.

Certain criminal offences, particularly relevant offences involving violence or family violence, can affect sponsorship and may result in information being disclosed to the applicant.

Previous sponsorship history should also be reviewed.

Including Children and Family Members

Eligible members of the applicant’s family unit can potentially be included in the Subclass 300 application.

This can include eligible dependent children.

Family members included in the application must generally:

• Be outside Australia when applying
• Satisfy the family-unit requirements
• Meet applicable health requirements
• Meet character requirements where applicable

A dependent child may also potentially be added after lodgement but before the visa is decided, subject to the applicable requirements.

Where a child under 18 is migrating and another person has parental responsibility, appropriate consent or court documentation may be required.

What Can You Do After the Visa Is Granted?

A Subclass 300 visa holder can generally:

• Come to Australia
• Live in Australia temporarily
• Work in Australia
• Study in Australia
• Travel to and from Australia multiple times while the visa remains valid
• Marry their prospective spouse
• Apply for an onshore Partner visa after marriage

The visa is temporary and generally permits a stay of 9 to 15 months from the date of grant.

Where Can You Get Married?

The couple does not necessarily have to marry in Australia.

The marriage can take place in Australia or another country, provided the marriage is legally valid and recognised under Australian law.

The important requirement is that the marriage takes place before the Subclass 300 visa expires if the couple intends to progress through the associated Partner visa pathway.

After Marriage – Partner Visa Pathway

After marriage, the next step is generally:

Subclass 300 Prospective Marriage Visa → Marriage → Subclass 820/801 Partner Visa → Permanent Residence

The visa holder should generally apply for the Subclass 820/801 Partner visa after marriage and before the Subclass 300 visa expires.

The Department provides a reduced Partner visa application charge where an eligible Subclass 300 holder marries and applies for the Partner visa before the Subclass 300 expires.

Important – Permanent Residency Is Not Automatic

The Subclass 300 visa is not a permanent residence visa.

Marriage itself also does not automatically provide permanent residency.

After marriage, the applicant must lodge the appropriate Partner visa application and satisfy its requirements.

The Department will then assess the Partner visa separately.

What Happens if You Do Not Marry Before the Visa Expires?

The Subclass 300 is granted specifically on the basis of the couple’s intention to marry.

If the marriage does not occur before the visa expires, the intended Partner visa pathway may be affected.

Applicants should obtain advice promptly if:

• The wedding has been postponed
• The relationship has changed
• The couple cannot marry before visa expiry
• There are family violence concerns
• The sponsor has died
• Other circumstances prevent the marriage from proceeding

Waiting until the visa is about to expire can significantly reduce the available options.

What Happens if the Relationship Ends?

If the relationship ends before marriage, the applicant should obtain advice about their immigration status and available options.

Special provisions may potentially become relevant in particular circumstances, including family violence or death of the prospective spouse.

These cases require individual assessment.

Subclass 300 vs Partner Visa

Subclass 300 – Prospective Marriage

Generally suitable where:

• The couple intends to marry
• They are not yet married
• They have met face-to-face as adults
• They know each other personally
• They genuinely intend to live together as spouses
• The applicant applies from outside Australia

Subclass 309/100 – Offshore Partner Visa

Generally relevant where the applicant is already:

• Legally married to the sponsor; or
• In a qualifying de facto relationship

Subclass 820/801 – Onshore Partner Visa

Generally relevant where an eligible applicant is in Australia and is already:

• Married; or
• In a qualifying de facto relationship

The correct pathway depends on the couple’s circumstances and should be assessed before application.

Common Mistakes in Subclass 300 Applications

Common problems include:

• Assuming an engagement automatically establishes eligibility
• Never having met the prospective spouse face-to-face as adults
• Providing insufficient evidence of the relationship
• Weak evidence of genuine marriage plans
• Providing only an engagement certificate or photographs
• Inconsistent relationship timelines
• Applicant and sponsor giving different dates or relationship histories
• Failing to explain periods of separation
• Poorly prepared relationship statements
• Providing thousands of messages without organising them
• Failing to provide appropriate witness statements
• Failing to disclose previous marriages or relationships
• Failing to disclose previous Partner visa sponsorships
• Insufficient evidence that the couple genuinely intend to live together as spouses
• Problems with parental consent for accompanying children
• Failing to disclose criminal or immigration history
• Assuming the Subclass 300 automatically becomes a Partner visa after marriage
• Failing to marry before visa expiry
• Failing to lodge the subsequent Partner visa before the Subclass 300 expires

Typical Subclass 300 Process

Step 1: Assess applicant and sponsor eligibility
Step 2: Review previous relationships and sponsorship history
Step 3: Confirm the couple has met face-to-face as adults
Step 4: Prepare evidence of the relationship
Step 5: Prepare evidence of genuine intention to marry
Step 6: Prepare applicant and sponsor relationship statements
Step 7: Obtain supporting witness statements
Step 8: Lodge the Subclass 300 visa application while the applicant is outside Australia
Step 9: Lodge the sponsorship application
Step 10: Complete health and character requirements
Step 11: Respond to any Departmental requests
Step 12: If granted, enter Australia in accordance with the visa requirements
Step 13: Marry before the Subclass 300 visa expires
Step 14: Lodge the Subclass 820/801 Partner visa application after marriage and before the Subclass 300 expires
Step 15: Progress through the temporary and permanent Partner visa stages

How Melton Migration Can Assist

At Melton Migration, we can assist with:

• Subclass 300 eligibility assessment
• Sponsor eligibility assessment
• Previous sponsorship assessment
• Relationship evidence strategy
• Evidence of face-to-face meetings
• Marriage intention evidence
• Relationship statements
• Witness statements and Form 888
• Previous relationship issues
• Dependent child applications
• Parental consent issues
• Health and character matters
• Previous visa refusal or immigration issues
• Departmental requests for further information
• Natural justice matters
• Subclass 300 visa preparation and lodgement
• Subsequent Subclass 820/801 Partner visa applications
• Complex relationship matters
• Ongoing case management

A strong Prospective Marriage visa application should demonstrate much more than an intention to hold a wedding. It should establish a genuine relationship, personal knowledge of each other, a genuine intention to marry and a genuine intention to build a married life together.

Disclaimer

This information is general information only and does not constitute immigration or legal advice. Partner and Prospective Marriage visa legislation, policy, visa charges, processing arrangements and evidentiary requirements can change. Eligibility depends on the applicant’s and sponsor’s individual circumstances and the requirements applying at the relevant time. Applicants and sponsors should obtain advice relevant to their circumstances before lodging an application.

3. Child Visas – Subclasses 101 and 802

Australian Child visas allow eligible children of Australian citizens, Australian permanent residents or eligible New Zealand citizens to live permanently in Australia with their parents.

The two principal Child visa pathways are:

• Subclass 101 – Child Visa – generally for a child applying from outside Australia
• Subclass 802 – Child Visa – generally for a child applying while in Australia

Both are permanent residence visas.

Subclass 101 – Child Visa

The Child visa (subclass 101) allows an eligible child outside Australia to move permanently to Australia to live with their parent.

The child must generally be the dependent child of an:

• Australian citizen
• Australian permanent resident, or
• Eligible New Zealand citizen

The child is generally required to be outside Australia when the application is lodged and, subject to limited transitional concessions, outside Australia when the visa is decided.

Subclass 802 – Child Visa

The Child visa (subclass 802) allows an eligible child who is already in Australia to remain permanently in Australia with their parent.

The main distinction between Subclasses 101 and 802 is therefore the child’s location and the applicable visa requirements.

Who Can Sponsor a Child?

The sponsoring parent generally needs to be:

• An Australian citizen
• An Australian permanent resident, or
• An eligible New Zealand citizen

In appropriate circumstances, the parent’s spouse or de facto partner may also be able to sponsor the child, subject to the applicable requirements.

The sponsor must satisfy the relevant sponsorship criteria.

Relationship to the Parent

The applicant generally needs to be a child of the sponsoring parent.

Depending on the circumstances, this can include an eligible:

• Biological child
• Stepchild
• Adopted child in particular circumstances

Adoption cases require careful consideration because a child adopted overseas may need to use the Subclass 102 Adoption visa rather than a Subclass 101 or 802 Child visa.

The appropriate pathway depends on how and when the adoption occurred and the immigration status and circumstances of the adoptive parent.

Age Requirements

Age is a critical issue in Child visa applications.

The child generally needs to be:

• Under 18 years of age; or
• 18 to 24 years of age and a dependent full-time student; or
• 18 years or older and unable to work because of disability

Different dependency requirements apply depending on the child’s age and circumstances.

Children Under 18

For a child under 18, the application will generally need to establish:

• The parent-child relationship
• Sponsorship eligibility
• Parental responsibility arrangements
• Consent to migration where required
• Health requirements
• Best interests of the child

Children Aged 18 to 24

An applicant aged 18 to 24 generally needs to demonstrate that they are a dependent full-time student and satisfy the applicable dependency requirements.

Evidence may include:

• Current enrolment
• Academic records
• Course information
• Evidence of continuous study
• Financial support from the parent
• Living arrangements
• Evidence of dependency

Simply being the son or daughter of an Australian citizen or permanent resident does not automatically establish Child visa eligibility once the applicant is an adult.

Child Unable to Work Because of Disability

A child aged 18 or over may potentially qualify where they are unable to work because of a disability and remain dependent upon their parent.

These applications require careful evidence addressing both the disability and the child’s dependency.

Marriage and Relationship Status

Generally, an applicant for a Child visa must:

• Be single
• Not be married
• Not be engaged to be married, and
• Not have a de facto partner

This requirement is particularly important for adult dependent children.

A change in relationship status while an application is being processed can affect eligibility and should be reported to the Department.

Dependency Requirements

For adult applicants, establishing dependency can be one of the most important aspects of the application.

Evidence may include:

• Financial support from parents
• Bank transfers
• Tuition payments
• Accommodation costs
• Living expenses
• Evidence of full-time study
• Evidence the child continues to rely substantially on the parent
• Medical evidence where disability is relied upon

Dependency should be genuine and properly documented.

Parental Responsibility and Consent

Where the applicant is under 18, the Department will consider who has the legal right to determine where the child lives.

This becomes particularly important where the child’s parents are:

• Divorced
• Separated
• Living in different countries
• Involved in parenting proceedings
• Subject to custody or parenting orders

The Department may require evidence demonstrating that the child is legally permitted to migrate to Australia.

Evidence may include:

• Written consent from the non-migrating parent
• Form 1229
• Court orders
• Parenting orders
• Sole parental responsibility documents
• Death certificate of another parent where relevant
• Other legal documentation establishing the right to relocate the child

A visa application should not be used as a substitute for resolving an underlying parental responsibility dispute.

Best Interests of the Child

For applicants under 18, the Department must consider the best interests of the child.

A visa may not be granted where doing so would be contrary to the child’s best interests.

This can become particularly relevant where there are concerns involving:

• Family violence
• Child protection
• Criminal history
• Parental responsibility
• Welfare of the child
• Safety concerns

Health Requirements

Child visa applicants must satisfy the applicable Australian health requirements.

Health examinations may be required.

Depending on the circumstances, relevant family members who are not migrating may also be required to undergo health examinations.

Where a significant health issue is identified, the availability of any applicable health waiver or other provision should be assessed carefully.

Character Requirements

Applicants who are old enough to be subject to character assessment must satisfy the applicable character requirements.

Police certificates may be required depending on the child’s age and countries of residence.

Character issues can include:

• Criminal convictions
• Pending criminal charges
• Police history
• Previous immigration issues
• False or misleading information
• Other adverse information

Complete and accurate disclosure is important.

Including Siblings

In appropriate circumstances, more than one child may be included in a Child visa application where the relevant requirements are satisfied.

However, each child’s individual eligibility needs to be assessed.

For example, different age, dependency, health or parental responsibility circumstances may apply to different children in the same family.

What Does the Child Visa Provide?

Subclasses 101 and 802 are permanent visas.

Once granted, the child can generally:

• Live in Australia permanently
• Study in Australia
• Work in Australia, subject to age and other applicable laws
• Enrol in Medicare
• Travel to and from Australia during the applicable travel facility
• Sponsor eligible relatives in the future, subject to eligibility
• Apply for Australian citizenship when eligible

Australian Citizenship for Children

After receiving permanent residency, a child may potentially become eligible for Australian citizenship.

However, citizenship eligibility depends on the child’s individual circumstances.

Parents should also check whether the child may already be an Australian citizen, particularly where:

• The child was born in Australia
• A parent was an Australian citizen when the child was born overseas
• Other citizenship provisions may apply

In some circumstances, a citizenship application may be more appropriate than a Child visa application.

This should be checked before lodging a visa application.

Subclass 101 vs Subclass 802

Subclass 101 – Child Visa

• Permanent visa
• Primarily for children outside Australia
• Allows the child to migrate permanently to Australia
• Parent must satisfy sponsorship requirements
• Dependency requirements apply
• Parental consent requirements may apply

Subclass 802 – Child Visa

• Permanent visa
• For eligible children applying in Australia
• Allows the child to remain permanently in Australia
• Parent must satisfy sponsorship requirements
• Dependency requirements apply
• Parental consent requirements may apply

The correct subclass should be determined according to the child’s location, immigration status and individual circumstances.

Child Visa vs Dependent Child Visa – Subclass 445

The Subclass 445 Dependent Child visa serves a different purpose.

It is a temporary visa primarily designed for an eligible child whose parent holds a temporary Partner visa or whose parent’s permanent Partner visa application is being processed.

By contrast:

Subclass 101/802 → Permanent Child visa

Subclass 445 → Temporary Dependent Child visa connected with a parent’s Partner visa pathway

Selecting the correct subclass is therefore important.

Child Visa vs Adoption Visa

The Subclass 102 Adoption visa is specifically designed for eligible children adopted, or in the process of being adopted, outside Australia.

An adopted child should not automatically be assumed to qualify for a Subclass 101 Child visa.

The timing and circumstances of the adoption, the parent’s residence and citizenship status, and Australia’s intercountry adoption framework may affect the correct pathway.

Common Mistakes in Child Visa Applications

Common problems include:

• Applying under the wrong Child visa subclass
• Failing to check whether the child may already be an Australian citizen
• Assuming every child of an Australian permanent resident automatically qualifies
• Failing to establish dependency for an adult child
• Insufficient evidence of full-time study
• Gaps in study not being properly explained
• Adult child entering a marriage or de facto relationship
• Weak evidence of financial dependency
• Inadequate evidence of the parent-child relationship
• Birth certificate discrepancies
• Different names or dates of birth across documents
• Failing to obtain the other parent’s consent
• Inadequate parental responsibility documentation
• Unresolved parenting or custody disputes
• Using a Child visa where an Adoption visa is the appropriate pathway
• Using a Child visa where a Subclass 445 visa is more appropriate
• Failing to disclose health or character issues
• Providing information inconsistent with previous visa applications
• Failing to notify the Department of changes in circumstances while the application is being processed

Typical Child Visa Process

Step 1: Determine whether the child requires a visa or may already have Australian citizenship
Step 2: Assess the parent-child relationship
Step 3: Determine whether Subclass 101 or 802 is appropriate
Step 4: Assess the child’s age and dependency
Step 5: Assess sponsor eligibility
Step 6: Review parental responsibility and consent requirements
Step 7: Collect identity and relationship documents
Step 8: Prepare dependency evidence where required
Step 9: Prepare and lodge the Child visa application and sponsorship
Step 10: Complete health and character requirements
Step 11: Respond to Departmental requests where necessary
Step 12: Notify the Department of relevant changes in circumstances
Step 13: If approved, the child becomes an Australian permanent resident

How Melton Migration Can Assist

At Melton Migration, we can assist with:

• Child visa eligibility assessments
• Subclass 101 applications
• Subclass 802 applications
• Sponsor eligibility
• Child dependency assessments
• Adult dependent child matters
• Full-time student dependency evidence
• Disability-related dependency matters
• Parent-child relationship evidence
• Parental consent documentation
• Parenting and custody-related immigration issues
• Form 1229 and supporting documentation
• Health and character matters
• Identity discrepancies
• Previous visa issues
• Subclass 445 Dependent Child visa assessment
• Subclass 102 Adoption visa assessment
• Citizenship eligibility considerations
• Responses to Departmental requests
• Complex Child visa matters
• Ongoing case management

Child visa applications can appear straightforward because of the parent-child relationship. However, age, dependency, parental responsibility, consent, location, health, character and citizenship status can significantly affect eligibility.

A careful assessment before lodgement can help determine the correct pathway and ensure that the application is supported by appropriate evidence.

Disclaimer

This information is general information only and does not constitute immigration or legal advice. Australian Child visa legislation, policy, application procedures, visa charges and evidentiary requirements can change. Eligibility depends on the child’s and sponsor’s individual circumstances and the requirements applying at the relevant time. Professional advice should be obtained where appropriate.

4. Dependent Child Visa – Subclass 445

The Dependent Child visa (subclass 445) is a temporary visa that allows an eligible dependent child to join or remain with their parent while the parent’s permanent Partner visa application is being processed.

It is particularly relevant where a parent has already been granted a temporary or provisional Partner visa and a dependent child was not included before that temporary/provisional visa was granted.

The Subclass 445 visa provides a mechanism for the child to subsequently be added to the parent’s permanent Partner visa application.

When Is a Subclass 445 Visa Needed?

A common situation is:

A parent applies for a Partner visa and is subsequently granted:

• Subclass 820 – Partner (Temporary) visa, or
• Subclass 309 – Partner (Provisional) visa

After the temporary/provisional Partner visa has been granted, another dependent child needs to be included in the family’s permanent Partner visa pathway.

The child cannot simply be added retrospectively to the already-granted temporary/provisional Partner visa.

Instead, the child may need to apply for a Subclass 445 Dependent Child visa.

Once the Subclass 445 visa is granted, the child can potentially be added to the parent’s:

• Subclass 801 – Partner (Permanent) visa application, or
• Subclass 100 – Partner (Migrant) visa application

Who May Be Eligible?

The child generally needs to:

• Be the dependent child of an eligible parent
• Have a parent who holds an appropriate temporary/provisional Partner visa or other qualifying visa
• Satisfy the definition of a dependent child
• Be sponsored by the appropriate person
• Meet health requirements
• Meet character requirements where applicable
• Meet parental responsibility requirements if under 18
• Satisfy all other applicable visa criteria

The child’s eligibility should be assessed carefully before application.

Who Can Sponsor the Child?

The child will generally need to be sponsored by the same person who sponsored the child’s parent for the relevant temporary/provisional Partner visa or Dependent Child visa.

In some circumstances, the child’s parent may be eligible to sponsor.

The sponsorship arrangements should therefore be checked before the application is lodged.

What Is a Dependent Child?

The applicant must satisfy the applicable legal definition of a dependent child.

Age and personal circumstances are particularly important.

Depending on the circumstances, an eligible dependent child may include:

• A child under 18; or
• An older child who continues to satisfy the applicable dependency requirements.

For an older child, evidence of dependency can become particularly important.

Evidence may include:

• Financial support
• Education records
• Full-time study
• Living arrangements
• Bank transfers
• Tuition payments
• Accommodation expenses
• Other evidence demonstrating continuing dependency

Simply being the biological child of a Partner visa holder does not necessarily establish dependency for migration purposes.

Parental Responsibility for Children Under 18

Where the applicant is under 18, parental responsibility requirements must be addressed.

This can become important where:

• The child’s parents are separated
• The other parent remains overseas
• There are parenting orders
• There is a custody dispute
• One parent has sole parental responsibility
• The other parent does not consent to the child’s migration

Evidence may include:

• Written consent from the other parent
• Form 1229
• Court orders
• Parenting orders
• Evidence of sole parental responsibility
• Death certificate where the other parent is deceased
• Other legally appropriate evidence

Parental responsibility issues should be resolved carefully before the visa application is lodged.

Health Requirements

The child must satisfy the applicable Australian health requirements.

A medical examination may be required.

Health issues should be considered carefully because the Subclass 445 visa is connected with the child’s subsequent inclusion in a permanent Partner visa application.

Character Requirements

Character requirements may apply depending on the child’s age.

Home Affairs currently states that a dependent child being added to a permanent Partner visa application must satisfy the character requirement if they are 16 years of age or older.

Police certificates may therefore be required depending on the child’s age and residence history.

What Does the Subclass 445 Visa Allow?

The Subclass 445 is a temporary visa.

Its primary purpose is to allow the dependent child to remain in or come to Australia while the parent’s permanent Partner visa pathway is being finalised.

Importantly, the Subclass 445 does not itself provide permanent residency.

The child must subsequently be properly added to the parent’s permanent Partner visa application.

Adding the Child to the Permanent Partner Visa

This is one of the most important steps.

After the child is granted a Subclass 445 visa, the child does not automatically become part of the parent’s permanent Partner visa application.

Further action is required.

Home Affairs requires the appropriate process to be completed to add the Subclass 445 holder to the parent’s permanent Partner visa application.

This currently includes completing:

Form 1002 – Application by a Subclass 445 Dependent Child for a Permanent Partner Visa

The form and supporting documents must then be provided through the appropriate Departmental process.

Where the Parent Holds Subclass 820

Where the parent holds a Subclass 820 Partner (Temporary) visa, the child can potentially be added to the parent’s Subclass 801 permanent Partner visa application after the Subclass 445 visa is granted.

For this pathway, Home Affairs currently requires the Subclass 445 child to be in Australia when being added to the Subclass 801 application.

Where the Parent Holds Subclass 309

Where the parent holds a Subclass 309 Partner (Provisional) visa, the Subclass 445 child can potentially be added to the parent’s Subclass 100 permanent Partner visa application.

Home Affairs currently states that the child can be in or outside Australia when being added to the Subclass 100 application, provided the relevant requirements are met.

Typical 445 to Permanent Residence Pathway

For an onshore Partner visa family:

Parent holds Subclass 820
↓
Child applies for Subclass 445
↓
Subclass 445 granted
↓
Child added to parent’s Subclass 801 application
↓
Permanent Partner visa assessment
↓
Child may obtain permanent residency if all requirements are satisfied

For an offshore Partner visa family:

Parent holds Subclass 309
↓
Child applies for Subclass 445
↓
Subclass 445 granted
↓
Child added to parent’s Subclass 100 application
↓
Permanent Partner visa assessment
↓
Child may obtain permanent residency if all requirements are satisfied

Subclass 445 vs Child Visa 101/802

It is important to distinguish the Subclass 445 from the permanent Child visas.

Subclass 445 – Dependent Child

• Temporary visa
• Connected to a parent’s Partner visa pathway
• Used to bring/add an eligible dependent child into the parent’s permanent Partner visa process
• Does not itself provide permanent residence
• Child subsequently needs to be added to the parent’s permanent Partner visa application

Subclass 101 – Child Visa

• Permanent visa
• Generally for an eligible dependent child outside Australia
• Parent is generally an Australian citizen, permanent resident or eligible New Zealand citizen
• Provides permanent residency upon grant

Subclass 802 – Child Visa

• Permanent visa
• Generally for an eligible dependent child in Australia
• Parent is generally an Australian citizen, permanent resident or eligible New Zealand citizen
• Provides permanent residency upon grant

The correct visa depends significantly on the parent’s immigration status and Partner visa stage.

Common Situations Where Subclass 445 May Be Relevant

Subclass 445 may arise where:

• A child was not included in the original Partner visa application
• A child becomes part of the family circumstances after the parent’s temporary Partner visa is granted
• The parent has a Subclass 820 visa and needs to add an eligible dependent child before the Subclass 801 decision
• The parent has a Subclass 309 visa and needs to add an eligible dependent child before the Subclass 100 decision
• Family circumstances change while the parent’s permanent Partner visa remains under consideration

The timing is extremely important because the child generally needs to be added before the Department makes the decision on the parent’s permanent Partner visa.

Family Violence Provisions

Special circumstances can arise where family violence affects the parent holding or applying for the Partner visa.

Home Affairs provides family violence provisions for certain Partner visa applicants and their dependants.

A dependent child who has applied for a Subclass 445 visa may potentially be affected by these provisions where their Partner visa-holding parent has made an eligible family violence claim.

These matters are complex and should be assessed individually.

Common Mistakes in Subclass 445 Applications

Common problems include:

• Assuming the child can simply be added to an already-granted Subclass 820 or 309 visa
• Applying for a Subclass 101 or 802 when Subclass 445 is the appropriate pathway
• Failing to establish that the applicant remains a dependent child
• Weak dependency evidence for an older child
• Failing to address parental responsibility
• Missing consent from the other parent
• Inadequate custody or parenting documentation
• Using the wrong sponsor
• Failing to meet health requirements
• Failing to provide character documents where required
• Assuming grant of Subclass 445 automatically gives the child permanent residency
• Assuming the child is automatically added to the permanent Partner visa application after the 445 grant
• Failing to complete the required process to add the child to the Subclass 801 or 100 application
• Failing to lodge Form 1002 where required
• Waiting until the parent’s permanent Partner visa is about to be decided
• Failing to notify the Department of changes in family circumstances

Typical Subclass 445 Process

Step 1: Review the parent’s Partner visa status
Step 2: Determine whether Subclass 445 is the correct pathway
Step 3: Assess whether the child satisfies the dependency requirements
Step 4: Identify the appropriate sponsor
Step 5: Assess parental responsibility and consent where the child is under 18
Step 6: Prepare identity, relationship and dependency evidence
Step 7: Prepare and lodge the Subclass 445 application
Step 8: Complete health and character requirements
Step 9: Respond to Departmental requests where necessary
Step 10: Obtain the Subclass 445 visa
Step 11: Complete the required process, including Form 1002 where applicable, to add the child to the parent’s permanent Partner visa application
Step 12: Continue with the Subclass 801 or Subclass 100 permanent Partner visa assessment

How Melton Migration Can Assist

At Melton Migration, we can assist with:

• Subclass 445 eligibility assessments
• Review of the parent’s Partner visa status
• Determining whether Subclass 445, 101 or 802 is appropriate
• Dependent child assessments
• Dependency evidence for older children
• Sponsor eligibility
• Parent-child relationship evidence
• Parental responsibility and consent
• Form 1229 and supporting evidence
• Parenting and custody-related immigration issues
• Health and character requirements
• Subclass 445 application preparation and lodgement
• Form 1002 and permanent Partner visa inclusion
• Subclass 801 and 100 permanent-stage matters
• Family violence-related Partner visa matters
• Responses to Departmental requests
• Complex dependent child matters
• Ongoing case management

The Subclass 445 visa can be an important solution where a dependent child needs to be brought into a parent’s existing Partner visa pathway. However, obtaining the Subclass 445 visa is only part of the process.

The child must also be correctly added to the parent’s permanent Partner visa application before the relevant decision is made.

Disclaimer

This information is general information only and does not constitute immigration or legal advice. Dependent child, Partner visa, dependency, parental responsibility, health and character requirements can change. Eligibility depends on the child’s and parent’s individual circumstances and the requirements applying at the relevant time. Applicants should obtain advice relevant to their circumstances before lodging an application.

5. Adoption Visa – Subclass 102

The Adoption Visa (subclass 102) is a permanent visa that allows an eligible child who has been adopted, or is in the process of being adopted, outside Australia to live permanently in Australia with their adoptive parent.

The Subclass 102 visa is a specialised family migration pathway. An overseas adoption does not automatically mean that the child will qualify for an Australian visa. The adoption arrangements and the child’s visa eligibility must satisfy Australian migration requirements.

What Does the Subclass 102 Visa Provide?

The Subclass 102 is a permanent residence visa.

Once granted, the child can generally:

• Live in Australia permanently
• Work and study in Australia
• Enrol in Medicare
• Travel to and from Australia during the initial 5-year travel facility
• Sponsor eligible relatives in the future, subject to eligibility
• Apply for Australian citizenship when eligible

The child becomes an Australian permanent resident through this visa.

Who Can Apply?

To qualify for a Subclass 102 Adoption visa, the child must generally:

• Have been adopted or be in the process of being adopted by the sponsoring parent
• Be under 18 years of age
• Be outside Australia when the application is made
• Be outside Australia when the visa is decided
• Have an eligible sponsor
• Satisfy the applicable adoption requirements
• Meet health requirements
• Meet character requirements where applicable
• Satisfy the best interests of the child requirement
• Meet all other applicable visa criteria

Importantly, the child must be under 18 when adopted, when the visa application is made and when the Department makes its decision.

Main Adoption Pathways

The Subclass 102 visa can potentially apply to several different types of overseas adoption arrangements.

1. Intercountry Adoption Involving an Australian State or Territory Central Authority

A child may qualify where the adoption has been, or is being, arranged through an intercountry adoption process involving an Australian state or territory central authority.

This is the formal intercountry adoption pathway used for many Australian families adopting overseas.

The relevant adoption authorities are involved in assessing the prospective adoptive parents and managing the adoption process with the overseas country.

Evidence may include:

• Adoption documents
• Adoption compliance certificates
• Approval from the relevant adoption authority
• Evidence that the child can leave the overseas country
• Evidence that the child can travel to Australia for adoption
• Supporting correspondence from the relevant central authority

2. Hague Convention Adoption Between Two Other Countries

A child may potentially qualify where the adoption occurs between two countries other than Australia that are parties to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.

The particular adoption arrangements and legal recognition must satisfy the applicable requirements.

3. Expatriate Adoption

An expatriate adoption occurs where an Australian citizen, Australian permanent resident or eligible New Zealand citizen adopts a child overseas without the involvement of an Australian state or territory central adoption authority.

These cases require particular care.

For an expatriate adoption, at least one adoptive parent generally needs to have been residing outside Australia for more than 12 months immediately before the Subclass 102 visa application is lodged.

The Department must also be satisfied that:

• The adoptive parent did not reside overseas for the purpose of avoiding Australia’s intercountry adoption laws
• The adoption was completed in accordance with the laws of the child’s home country
• The adoptive parent has obtained full and permanent parental rights
• There are no remaining legal ties between the child and the birth parents that are inconsistent with the required adoption arrangements
• All other visa requirements are satisfied

Simply obtaining an overseas adoption order does not guarantee that Australia will recognise the arrangement for Subclass 102 visa purposes.

Important Warning About Private Overseas Adoptions

Australian citizens and permanent residents should be particularly careful before arranging a private adoption overseas.

The Department of Home Affairs does not arrange overseas adoptions.

It also does not provide letters of support, certificates of no objection or other documents endorsing an expatriate adoption.

An adoption that is legally valid in another country may still fail to satisfy the Australian requirements for a Subclass 102 visa.

Prospective adoptive parents should therefore understand both:

• The adoption law of the overseas country; and
• Australian immigration and adoption requirements

before proceeding.

Adoption Applications Involving Pakistan

The Department of Home Affairs currently states that it is unable to accept Subclass 102 Adoption visa applications for children adopted in Pakistan.

Families considering adoption arrangements involving Pakistan should obtain appropriate advice before taking action.

Who Can Sponsor the Child?

The child must have an eligible adoptive or prospective adoptive parent who can sponsor them.

The sponsor will generally need to be an:

• Australian citizen
• Australian permanent resident, or
• Eligible New Zealand citizen

The Department must approve the sponsorship before the Subclass 102 visa can be granted.

Sponsor Character and Child Protection Requirements

Because Subclass 102 involves the migration of a child, Australia applies important child-protection measures to sponsors.

Problems can arise where the sponsor or their spouse or de facto partner has certain criminal charges or convictions involving children.

For example, certain registrable offences can prevent sponsorship approval or make approval possible only in very limited circumstances.

Sponsor character issues should therefore be assessed before the application proceeds.

Age Requirement

The age requirement for Subclass 102 is strict.

The child must generally be under 18 years of age:

• When the adoption occurs
• When the visa application is lodged, and
• When the Department decides the visa application

This means processing time can become particularly important where the child is approaching 18.

Adoption Must Provide Appropriate Parental Rights

In expatriate adoption cases, the adoption generally needs to provide the adoptive parent with full and permanent parental rights.

The Department will consider whether the adoption genuinely and permanently establishes the legal parent-child relationship required under the migration framework.

The legal effect of the overseas adoption is therefore extremely important.

Health Requirements

The child and any dependent child included in the application must satisfy the applicable Australian health requirements.

Other non-migrating family members may also be required to undertake health examinations in some circumstances.

A health waiver may potentially be considered in certain Subclass 102 cases, depending on the applicable criteria and individual circumstances.

Health issues should therefore be assessed carefully rather than assuming that a medical condition automatically prevents visa grant.

Character Requirements

A Subclass 102 applicant who is 16 years of age or older must satisfy the applicable character requirements.

Depending on the child’s circumstances, police certificates or other character documentation may be required.

Other dependent children included in the application may also be required to satisfy character requirements.

Best Interests of the Child

Because the applicant is under 18, the Department must consider the best interests of the child.

The visa may not be granted where the Department is not satisfied that grant would be in the child’s best interests.

Relevant issues can include:

• Child protection concerns
• Sponsor criminal history
• Safety and welfare concerns
• Authenticity of adoption arrangements
• Parental responsibility
• Other circumstances affecting the child’s welfare

Government Debts

If the child or a relevant family member owes money to the Australian Government, the debt generally needs to be repaid or an acceptable formal repayment arrangement put in place.

Can Other Children Be Included?

The child’s eligible dependent children may potentially be included in the Subclass 102 application, subject to the applicable requirements.

However, where siblings are each being adopted and each needs an Adoption visa, separate Subclass 102 applications are generally required for each sibling.

Where Must the Child Be?

The child must generally be outside Australia when the Subclass 102 application is lodged and when the Department makes its decision.

This is an important difference from some other Child visa pathways.

Travel Facility

The Subclass 102 is a permanent visa and generally provides a 5-year travel facility from the date of grant.

After the travel facility expires, the child may need a Resident Return visa to re-enter Australia as a permanent resident unless they have obtained Australian citizenship.

Australian Citizenship and Adoption

Before lodging a Subclass 102 visa application, it is important to consider whether the child may instead be eligible for Australian citizenship by adoption.

A child adopted outside Australia by an Australian citizen may potentially qualify for citizenship where the adoption was completed under:

• The Hague Adoption Convention; or
• An eligible bilateral adoption arrangement

and the relevant citizenship requirements are satisfied.

If Australian citizenship is granted, the child can obtain an Australian passport and may not need a Subclass 102 visa to enter Australia.

Therefore, one of the first questions should sometimes be:

Does the child need an Adoption visa at all, or can the child obtain Australian citizenship by adoption?

Hague Convention Adoptions and Citizenship

Where an intercountry adoption is finalised overseas under the Hague Convention or a recognised bilateral arrangement, citizenship by adoption may potentially be available if the relevant requirements are satisfied.

Where the adoption is instead finalised in Australia, different citizenship arrangements may apply.

This should be checked before deciding which immigration pathway to pursue.

Expatriate Adoption and Citizenship

Expatriate adoptions are different.

A child adopted through an expatriate adoption will generally require an appropriate visa to enter Australia, commonly the Subclass 102 Adoption visa, if all requirements are satisfied.

After becoming an Australian permanent resident, the child may potentially become eligible for Australian citizenship under the applicable citizenship provisions.

Adoption Visa vs Child Visa

It is important to distinguish the Subclass 102 from the ordinary Child visas.

Subclass 102 – Adoption Visa

Generally for a child:

• Adopted or being adopted outside Australia
• Under 18
• Outside Australia
• Whose adoption satisfies the applicable Australian migration requirements

Subclass 101 – Child Visa

Generally for an eligible dependent child outside Australia whose parent is an Australian citizen, permanent resident or eligible New Zealand citizen.

Subclass 802 – Child Visa

Generally for an eligible dependent child in Australia whose parent is an Australian citizen, permanent resident or eligible New Zealand citizen.

The timing of the adoption and the parent’s immigration or citizenship status can affect whether Subclass 102, Subclass 101 or another pathway is appropriate.

Adoption Visa vs Orphan Relative Visa

The Subclass 102 should also not be confused with the Subclass 117 Orphan Relative visa.

Subclass 117 may potentially apply where an eligible child outside Australia needs to live with an Australian relative because the child’s parents:

• Are deceased
• Cannot be found, or
• Are permanently unable to care for the child

An Orphan Relative visa does not require the same adoption arrangement as Subclass 102.

Typical Documents for a Subclass 102 Application

Depending on the circumstances, evidence may include:

• Child’s passport
• Birth certificate
• Identity documents
• Adoption order
• Adoption papers
• Adoption compliance certificate
• Evidence from an Australian state or territory central authority
• Overseas adoption authority documents
• Evidence of parental rights
• Sponsor’s Australian citizenship or permanent residence evidence
• Sponsor identity documents
• Sponsor police checks where required
• Health examination results
• Character documents where applicable
• Evidence concerning the child’s best interests
• Evidence relating to any accompanying dependent children

For expatriate adoptions, additional evidence may be required to establish:

• More than 12 months’ overseas residence by at least one adoptive parent
• The genuine reason for residing overseas
• Compliance with the overseas country’s adoption laws
• Full and permanent parental rights
• The legal effect of the adoption

Common Mistakes in Subclass 102 Applications

Common problems include:

• Assuming any overseas adoption automatically qualifies
• Completing a private overseas adoption without first understanding Australian requirements
• Failing to distinguish an intercountry adoption from an expatriate adoption
• Not satisfying the 12-month overseas residence requirement for an expatriate adoption
• Moving overseas primarily to avoid Australia’s intercountry adoption framework
• Adoption not providing full and permanent parental rights
• Remaining legal ties with birth parents creating eligibility issues
• Adoption not complying with the child’s home-country law
• Child turning 18 before the relevant visa requirements are satisfied
• Using Subclass 102 where the child may already qualify for Australian citizenship by adoption
• Using Subclass 102 where a Child visa may be the correct pathway
• Failing to provide adequate adoption documentation
• Sponsor character or child-protection issues
• Failing to disclose criminal history
• Health issues not being properly addressed
• Assuming Home Affairs can arrange or approve the overseas adoption itself
• Assuming a foreign adoption order guarantees an Australian visa

Typical Subclass 102 Process

Step 1: Determine the nature of the overseas adoption
Step 2: Determine whether Australian citizenship by adoption may be available
Step 3: Assess whether Subclass 102 is the appropriate pathway
Step 4: Confirm the child satisfies the age requirements
Step 5: Assess sponsor eligibility and child-protection requirements
Step 6: Review the legal adoption documentation
Step 7: For expatriate adoption, assess the 12-month overseas residence requirement and parental rights
Step 8: Collect identity, adoption and sponsorship evidence
Step 9: Prepare and lodge the Subclass 102 application while the child is outside Australia
Step 10: Complete health and character requirements
Step 11: Respond to Departmental requests where required
Step 12: Ensure the child remains eligible until decision
Step 13: If granted, the child can migrate to Australia as a permanent resident

How Melton Migration Can Assist

At Melton Migration, we can assist with the immigration aspects of:

• Subclass 102 eligibility assessment
• Adoption visa pathway assessment
• Intercountry adoption visa requirements
• Expatriate adoption visa assessment
• Sponsor eligibility
• 12-month overseas residence assessment
• Review of adoption documentation for migration purposes
• Parent-child relationship evidence
• Child visa versus Adoption visa assessment
• Citizenship-by-adoption pathway assessment
• Sponsor character concerns
• Child protection requirements
• Health and character matters
• Supporting documentation
• Subclass 102 application preparation and lodgement
• Departmental requests for further information
• Complex overseas adoption migration matters
• Ongoing visa case management

It is important to distinguish immigration assistance from arranging an adoption. The Australian Department of Home Affairs does not arrange overseas adoptions, and immigration professionals do not replace the relevant Australian or overseas adoption authorities.

For families considering an overseas adoption, the immigration consequences should ideally be investigated before the adoption is finalised, particularly in expatriate adoption cases.

Disclaimer

This information is general information only and does not constitute immigration, adoption or legal advice. Intercountry adoption involves Australian migration law as well as Australian and overseas adoption laws and procedures. An overseas adoption does not automatically establish eligibility for a Subclass 102 visa. Requirements can change, and eligibility depends on the particular adoption arrangement, the child’s circumstances and the sponsor’s circumstances. Appropriate migration and independent adoption/legal advice should be obtained before proceeding.

6. Orphan Relative Visas – Subclasses 117 and 837

The Orphan Relative visas – Subclass 117 and Subclass 837 are permanent family visas that allow an eligible child to live permanently in Australia with a qualifying relative.

These visas may be available where the child’s parents:

• Are deceased;
• Cannot be found; or
• Are permanently unable to care for the child.

The visa is not limited to children whose parents have died. A child may potentially qualify where the parents are alive but are permanently unable to provide appropriate care, provided all relevant requirements are satisfied.

The two visa pathways are:

• Subclass 117 – Orphan Relative Visa – for an eligible child applying from outside Australia.
• Subclass 837 – Orphan Relative Visa – for an eligible child applying from within Australia.

Both are permanent residence visas.

Subclass 117 – Orphan Relative Visa

The Subclass 117 Orphan Relative visa allows an eligible child outside Australia to migrate permanently to Australia to live with an eligible relative.

The child must generally be:

• Outside Australia when applying;
• Under 18 years of age;
• Single;
• Not married or in a de facto relationship;
• Related to an eligible Australian sponsor; and
• In circumstances where neither parent is able to care for them.

The sponsoring relative must also satisfy the applicable sponsorship requirements.

Subclass 837 – Orphan Relative Visa

The Subclass 837 Orphan Relative visa is the onshore equivalent.

It allows an eligible child who is already in Australia to remain permanently with an eligible relative.

The child must generally be in Australia when applying and satisfy the relevant eligibility requirements.

Who Can Be an Orphan Relative?

For these visas, the term “orphan relative” has a specific migration meaning.

The child must generally be under 18 and unable to receive appropriate care from either parent because each parent is:

• Dead;
• Permanently unable to care for the child; or
• Unable to be found.

Therefore, the visa may potentially apply even where one or both parents are still alive.

However, temporary financial hardship, temporary illness, a parent’s preference that the child live in Australia, or a desire to obtain better educational opportunities would not by themselves establish that the child qualifies as an Orphan Relative.

Who Can Sponsor an Orphan Relative?

The sponsor generally needs to be a settled:

• Australian citizen;
• Australian permanent resident; or
• Eligible New Zealand citizen.

The sponsor must also have the required family relationship with the child.

Eligible relatives can include the child’s:

• Brother or sister;
• Stepbrother or stepsister;
• Grandparent or step-grandparent;
• Aunt or uncle;
• Step-aunt or step-uncle;
• Niece or nephew; or
• Step-niece or step-nephew.

The sponsor must be willing and able to provide appropriate care and support for the child in Australia.

The Sponsor Must Be Settled in Australia

The concept of being settled is important.

It is not always enough simply to hold Australian citizenship or permanent residence.

The sponsor’s residence history and circumstances in Australia may need to demonstrate that they are settled for migration purposes.

This should be assessed before the application is lodged.

Child Must Be Under 18

The child must generally be under 18 years of age.

This is different from ordinary Child visas, where certain dependent children aged 18 or older may potentially qualify.

For an Orphan Relative visa, age is therefore particularly important.

Where the child is approaching 18, the timing of the application can be critical.

The Child Must Be Single

The child must generally:

• Not be married;
• Not be engaged to be married; and
• Not be in a de facto relationship.

A change in the child’s relationship status can affect visa eligibility.

When the Parents Are Deceased

Where both parents are deceased, evidence may include:

• Death certificates;
• Official death records;
• Court documents;
• Government records;
• Hospital records;
• Other reliable evidence confirming the deaths.

Where official documentation is unavailable, the circumstances and available alternative evidence may need to be carefully explained.

When a Parent Cannot Be Found

A child may potentially qualify where a parent cannot be found.

However, simply having no recent contact with a parent may not necessarily establish that the parent cannot be found.

Evidence may need to demonstrate genuine attempts to locate the parent.

Depending on the circumstances, this might include:

• Police reports;
• Missing person records;
• Government searches;
• Court records;
• Evidence of enquiries with relatives;
• Correspondence;
• Evidence from community organisations;
• Other credible evidence demonstrating attempts to locate the parent.

The quality of the evidence can be particularly important in these cases.

When Parents Are Permanently Unable to Care for the Child

This can be one of the more complex Orphan Relative visa scenarios.

The question is not simply whether the Australian relative could provide the child with a better life.

The application needs to establish that the relevant parent or parents are permanently unable to care for the child.

Depending on the circumstances, evidence might include:

• Medical evidence;
• Court documents;
• Child protection records;
• Evidence of institutionalisation;
• Evidence of long-term incapacity;
• Government or welfare reports;
• Evidence concerning imprisonment or other relevant circumstances;
• Statements from appropriate professionals;
• Other objective evidence demonstrating permanent inability to provide care.

Each case must be considered on its individual facts.

Temporary Hardship Is Not Necessarily Enough

There is an important distinction between a parent who is permanently unable to care for a child and a parent who is experiencing temporary hardship.

For example, circumstances involving:

• Temporary unemployment;
• Financial difficulty;
• Temporary illness;
• Housing difficulties;
• Temporary family problems; or
• A desire for better schooling in Australia

would not necessarily satisfy the Orphan Relative requirements.

The evidence must address the actual legal criterion.

Parental Responsibility and Consent

Where one or both parents are alive, parental responsibility and consent can become important.

The Department may need to be satisfied that the child’s migration to Australia is legally permitted.

Relevant evidence may include:

• Written parental consent;
• Court orders;
• Parenting or custody orders;
• Guardianship documents;
• Evidence of sole parental responsibility;
• Child welfare authority documents;
• Other legally recognised evidence.

These matters can become particularly complex where the child’s parents are separated or where another person has legal guardianship.

Best Interests of the Child

Because the applicant is under 18, the best interests of the child are an important consideration.

Relevant issues can include:

• Safety of the child;
• Proposed living arrangements in Australia;
• Relationship with the sponsor;
• Sponsor’s ability to care for the child;
• Child protection concerns;
• Family circumstances;
• Welfare arrangements;
• Parental responsibility;
• Sponsor’s character history.

A visa may not be granted where the relevant child-protection requirements are not satisfied.

Sponsor Character Requirements

Special sponsorship limitations can apply where the sponsor or certain relevant family members have convictions or charges involving offences against children.

Police checks may therefore be required.

The purpose of these provisions is to protect children migrating to Australia.

Sponsor character issues should be identified and addressed before lodgement wherever possible.

Health Requirements

The child must satisfy Australia’s applicable health requirements.

Health examinations may be required.

The Department may also require health examinations for relevant family members depending on the circumstances.

Where significant health concerns arise, the availability of any applicable health waiver should be assessed according to the relevant legislation.

Character Requirements

Character requirements may apply depending on the child’s age.

Where required, police certificates or other character evidence may need to be provided.

Any criminal, immigration or identity issues should be accurately disclosed.

Identity and Relationship Evidence

The applicant must establish their identity and family relationship with the sponsor.

Evidence may include:

• Birth certificates;
• Passports;
• Family registration documents;
• Marriage certificates linking family relationships;
• Death certificates;
• Government family records;
• Identity documents;
• Other evidence establishing the family relationship.

Where documents contain inconsistent names, dates of birth or family details, the discrepancies should be properly explained.

What Does an Orphan Relative Visa Provide?

Subclasses 117 and 837 are permanent visas.

Once granted, the child can generally:

• Live permanently in Australia;
• Study in Australia;
• Work in Australia subject to age and applicable employment laws;
• Access Medicare;
• Travel to and from Australia during the applicable travel facility;
• Access eligible settlement services;
• Apply for Australian citizenship when eligible.

Australian Citizenship

After becoming an Australian permanent resident, the child may potentially become eligible for Australian citizenship.

However, citizenship is a separate process with its own eligibility requirements.

Before lodging an Orphan Relative visa application, it may also be appropriate to check whether the child already has any entitlement to Australian citizenship through a parent.

Subclass 117 vs Subclass 837

Subclass 117 – Orphan Relative

• Permanent visa
• Primarily for an eligible child outside Australia
• Child must generally be under 18
• Requires sponsorship by an eligible relative in Australia
• Neither parent must be able to care for the child within the relevant legal criteria

Subclass 837 – Orphan Relative

• Permanent visa
• For an eligible child applying in Australia
• Child must generally be under 18
• Requires sponsorship by an eligible relative
• Neither parent must be able to care for the child within the relevant legal criteria

The correct subclass depends significantly on where the child is located and the circumstances at the relevant time.

Orphan Relative Visa vs Child Visa

These pathways should not be confused.

Child Visa – Subclass 101/802

Generally involves a child joining or remaining with their parent who is an Australian citizen, permanent resident or eligible New Zealand citizen.

Orphan Relative Visa – Subclass 117/837

Generally involves a child being sponsored by another qualifying relative because the child’s parents are deceased, cannot be found or are permanently unable to care for the child.

The legal basis of the two visa pathways is therefore different.

Orphan Relative Visa vs Adoption Visa

An Orphan Relative visa also differs from a Subclass 102 Adoption visa.

The Orphan Relative pathway does not require the Australian relative to adopt the child merely to establish eligibility.

Where an overseas adoption has occurred or is proposed, however, the circumstances should be carefully assessed to determine whether:

• Subclass 102 Adoption visa;
• Subclass 117/837 Orphan Relative visa;
• Another Child visa; or
• A citizenship pathway

is the appropriate option.

Common Mistakes in Orphan Relative Visa Applications

Common problems include:

• Assuming the child must have lost both parents through death;
• Assuming financial hardship makes a child an “orphan” for migration purposes;
• Applying because the Australian relative can provide better education or opportunities;
• Failing to establish that neither parent can care for the child;
• Providing insufficient evidence that a parent’s inability to care is permanent;
• Failing to demonstrate genuine attempts to locate a missing parent;
• Weak or inconsistent death evidence;
• Applying under the wrong subclass;
• Child being 18 or older;
• Failing to establish the required relationship with the sponsor;
• Sponsor not satisfying the applicable settled requirement;
• Inadequate parental consent;
• Unresolved custody or guardianship issues;
• Failing to address the child’s best interests;
• Sponsor character concerns;
• Identity discrepancies;
• Inconsistent family information across previous visa applications;
• Failing to disclose relevant health or character matters;
• Confusing an Orphan Relative visa with an Adoption visa or ordinary Child visa.

Typical Orphan Relative Visa Process

Step 1: Assess the child’s age and circumstances
Step 2: Determine whether Subclass 117 or 837 is appropriate
Step 3: Establish the child’s relationship with the proposed sponsor
Step 4: Assess whether the sponsor satisfies the relevant requirements
Step 5: Establish why neither parent can care for the child
Step 6: Obtain death, incapacity, missing-person or other relevant evidence
Step 7: Address parental responsibility and consent
Step 8: Prepare evidence concerning the child’s welfare and best interests
Step 9: Prepare identity and family relationship documentation
Step 10: Prepare and lodge the visa and sponsorship applications
Step 11: Complete health and character requirements
Step 12: Respond to Departmental requests where required
Step 13: If approved, the child becomes an Australian permanent resident

How Melton Migration Can Assist

At Melton Migration, we can assist with:

• Subclass 117 eligibility assessment
• Subclass 837 eligibility assessment
• Sponsor eligibility assessment
• Assessment of the family relationship
• Evidence concerning deceased parents
• Cases involving missing parents
• Assessment of permanent inability to provide parental care
• Parental consent and responsibility issues
• Custody and guardianship documentation
• Best-interests-of-the-child considerations
• Identity and relationship evidence
• Sponsor character concerns
• Health and character matters
• Child visa versus Orphan Relative visa assessment
• Adoption visa versus Orphan Relative visa assessment
• Application and sponsorship preparation
• Responses to Departmental requests
• Complex family circumstances
• Ongoing case management

Orphan Relative applications can be legally and evidentially complex. The critical question is not simply whether the child would have a better life in Australia, but whether the child satisfies the specific requirements relating to age, family relationship, sponsorship and the inability of their parents to provide care.

Strong objective evidence addressing the child’s actual circumstances is therefore particularly important.

Disclaimer

This information is general information only and does not constitute immigration or legal advice. Orphan Relative visa requirements, sponsorship criteria, health and character requirements and application procedures can change. Eligibility depends on the individual circumstances of the child and sponsor and the law applying at the relevant time. Professional advice should be obtained where appropriate.

7. Parent Visas – Subclasses 103 and 804

Australia’s Parent visa program allows eligible parents of settled Australian citizens, Australian permanent residents and eligible New Zealand citizens to obtain permanent residence in Australia.

Two of the traditional non-contributory permanent Parent visa pathways are:

• Subclass 103 – Parent Visa
• Subclass 804 – Aged Parent Visa

Both visas provide Australian permanent residence, but there are important differences regarding the applicant’s age, location and application process.

These visas generally have substantially lower visa application charges than Contributory Parent visas. However, demand significantly exceeds the number of places available each year, resulting in very long processing periods.

Subclass 103 – Parent Visa

The Parent Visa (Subclass 103) is a permanent visa that allows an eligible parent of a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen to migrate permanently to Australia.

Unlike the Subclass 804, there is no requirement that the applicant must have reached Australian Age Pension age.

An applicant generally needs to:

• Have an eligible sponsor
• Have an eligible child who is settled in Australia
• Meet the Balance of Family Test
• Obtain an Assurance of Support when requested
• Meet health requirements
• Meet character requirements
• Have no outstanding Australian Government debt or have appropriate arrangements in place
• Satisfy all other applicable visa criteria

Subclass 804 – Aged Parent Visa

The Aged Parent Visa (Subclass 804) is a permanent Parent visa for an eligible parent who has reached the age required to receive the Australian Age Pension.

Unlike Subclass 103, the Subclass 804 is an onshore visa pathway.

The applicant and family members applying with them generally need to be in Australia, but not in immigration clearance, when applying and when the visa is decided.

The applicant generally needs to:

• Have reached the qualifying age
• Have an eligible sponsor
• Have an eligible child who is settled in Australia
• Meet the Balance of Family Test
• Obtain an Assurance of Support when requested
• Meet health requirements
• Meet character requirements
• Satisfy all other applicable visa criteria

Who Can Sponsor a Parent?

Usually, the sponsor is the applicant’s eligible child.

The sponsoring child generally needs to be a settled:

• Australian citizen
• Australian permanent resident, or
• Eligible New Zealand citizen

Where the child is under 18, other sponsorship arrangements may potentially be available through an eligible relative or community organisation.

The Department must approve the sponsorship.

What Does “Settled” Mean?

Having an Australian citizen or permanent resident child does not necessarily mean the sponsorship requirement is automatically satisfied.

The child generally needs to be settled in Australia.

The Department considers the person’s residence and circumstances in determining whether they are settled.

This requirement should be checked carefully, particularly where the sponsoring child has only recently moved to Australia or obtained permanent residency.

Balance of Family Test

The Balance of Family Test is one of the most important eligibility requirements for both Subclass 103 and Subclass 804.

A parent generally meets the test where:

• At least half of their children and stepchildren are eligible children in Australia; or
• There are more eligible children in Australia than children living in any other single country.

The test examines the location and status of the applicant’s children and stepchildren.

Example 1 – Pass

Parents have three children:

• 2 eligible children in Australia
• 1 child in Bangladesh

They may satisfy the test because at least half of their children are eligible children in Australia.

Example 2 – Pass

Parents have four children:

• 2 eligible children in Australia
• 1 child in India
• 1 child in Canada

Australia has more eligible children than any other single overseas country.

The test may therefore be satisfied.

Example 3 – Fail

Parents have four children:

• 1 eligible child in Australia
• 3 children in Bangladesh

The Balance of Family Test would generally not be satisfied.

No Waiver of the Balance of Family Test

A particularly important point is that the Balance of Family Test cannot be waived.

This remains the case even where there are compelling or compassionate circumstances.

For example, matters such as:

• Advanced age
• Poor health
• Financial hardship
• Strong relationship with the Australian child
• No meaningful relationship with children overseas

do not themselves allow the Department to waive the test.

The family composition should therefore be assessed carefully before a Parent visa application is lodged.

Which Children Are Counted?

The Balance of Family Test can involve:

• Biological children
• Adopted children
• Stepchildren
• Children of the applicant’s partner

Special rules apply in determining which children are counted and whether a child is an “eligible child”.

Family structures involving previous marriages, stepchildren, deceased children, missing children or children whose whereabouts are unknown should be assessed carefully.

Assurance of Support

Applicants for Subclasses 103 and 804 generally need to obtain an Assurance of Support (AoS) before the visa can be granted.

The Department will normally advise the applicant when the Assurance of Support is required.

The purpose of an Assurance of Support is to reduce the risk that the parent will rely on certain Australian Government income support payments after migration.

The assurer undertakes financial responsibility for the applicant during the applicable Assurance of Support period.

Who Can Provide the Assurance of Support?

The person providing the Assurance of Support does not necessarily have to be the visa sponsor.

Depending on the applicable requirements, the assurer may be:

• The sponsoring child
• Another individual
• More than one person jointly
• An eligible organisation

The assurer must satisfy the applicable financial and other requirements.

Assurance of Support Bond

Depending on the visa and circumstances, an Assurance of Support may involve a financial bond.

The requirements should be checked when the Department requests the AoS because the applicable rules and financial thresholds may change.

Age Requirement – Subclass 103

There is no requirement for the primary applicant for a standard Subclass 103 Parent visa to have reached Australian Age Pension age.

This means the Subclass 103 can potentially be relevant to parents who are younger than the age required for the Subclass 804 pathway.

Age Requirement – Subclass 804

For Subclass 804, the applicant must be old enough to receive the Australian Age Pension.

This is a fundamental eligibility requirement.

The qualifying age should be checked according to the requirements applying to the individual applicant.

Where Must You Be for Subclass 103?

Subclass 103 is primarily used as an offshore Parent migration pathway.

Applicants should carefully check the applicable location requirements when lodging and when the visa is decided.

Because Parent visa applications can remain pending for many years, applicants should also ensure the Department is kept informed of changes in:

• Address
• Passport
• Family composition
• Relationship status
• Contact details
• Health circumstances
• Sponsor circumstances

Where Must You Be for Subclass 804?

Subclass 804 applicants and family members applying with them generally need to be in Australia when the application is lodged.

They must also generally be in Australia, but not in immigration clearance, when the Department makes its decision.

This makes the Subclass 804 significantly different from the Subclass 103.

Bridging Visa and Subclass 804

Because Subclass 804 is an onshore application, an applicant who lodges a valid application may generally be granted a bridging visa.

Where the applicant’s existing substantive visa expires before the Parent visa is decided, the bridging visa may allow them to remain lawfully in Australia while the Subclass 804 application is processed.

Given the potentially very long Parent visa processing period, this can be an important consideration.

However, applicants should understand that a bridging visa is not permanent residency.

The conditions and entitlements of the bridging visa should be checked individually.

Travel While Waiting for Subclass 804

Applicants waiting in Australia on a bridging visa need to be particularly careful about international travel.

A Bridging Visa A does not provide a right to leave and re-enter Australia.

A person who needs to travel overseas may need to obtain an appropriate Bridging Visa B before departure.

Applicants should also remember that Subclass 804 generally requires them to be in Australia when the visa decision is made.

Travel should therefore be planned carefully.

No Further Stay Conditions

Not every visitor in Australia can automatically lodge a Subclass 804 application.

Applicants should first check whether their current visa contains a No Further Stay condition, such as:

• Condition 8503
• Condition 8534
• Condition 8535

A No Further Stay condition can prevent the person from making certain further visa applications while in Australia.

A waiver may potentially be available in limited circumstances, but strict requirements apply.

Parents should therefore obtain advice before travelling to Australia with the intention of lodging a Subclass 804 application.

Subclass 870 Restriction

A person generally cannot apply for Subclass 103 or 804 if they have already applied for or hold a Sponsored Parent (Temporary) Visa – Subclass 870, subject to the applicable legislative requirements.

The interaction between different Parent visa pathways should therefore be considered before choosing a strategy.

Health Requirements

Parent visa applicants and relevant family members must satisfy Australia’s applicable health requirements.

Because Parent visa applicants are often older, health requirements can be an important consideration.

Applicants may be required to undergo:

• Medical examinations
• Chest X-rays
• Additional specialist examinations
• Further medical assessment where necessary

Health requirements are assessed under Australian migration law and should be considered carefully where an applicant has significant medical conditions.

Character Requirements

Applicants must satisfy Australia’s character requirements.

This can include:

• Australian police checks
• Overseas police certificates
• Criminal convictions
• Pending charges
• Previous immigration history
• Visa cancellations
• False or misleading information
• Other adverse information

Because Parent visa applications can remain pending for a long period, updated character documentation may be requested before finalisation.

Including Family Members

Eligible members of the applicant’s family unit may potentially be included in the Parent visa application.

This can include an eligible:

• Spouse or de facto partner
• Dependent child

Family members must satisfy applicable health and character requirements.

Dependency requirements become particularly important for adult children.

Long Processing Times and Queueing

One of the most important considerations for Subclasses 103 and 804 is the very long processing period.

These visas are subject to:

• Annual migration program limits
• Capping
• Queueing

Demand for Parent visas is significantly greater than the number of places available each year.

Applications are generally assessed initially for eligibility and, if appropriate, assigned a queue date.

The application then remains in the queue until places become available for final processing.

Applicants should therefore understand that these are long-term migration pathways.

Current Queue Position

As at 31 May 2026, the Department was releasing:

• Parent visa applications with queue dates up to approximately March 2014
• Aged Parent visa applications with queue dates up to approximately February 2014

This demonstrates the substantial backlog affecting the non-contributory Parent visa program.

Current queue information should always be checked directly with the Department because release dates change over time.

Subclass 103 vs Subclass 804

Subclass 103 – Parent Visa

• Permanent visa
• No Age Pension age requirement
• Primarily an offshore Parent migration pathway
• Balance of Family Test applies
• Sponsorship required
• Assurance of Support generally required
• Subject to capping and queueing
• Very long processing period

Subclass 804 – Aged Parent Visa

• Permanent visa
• Applicant must have reached Australian Age Pension age
• Onshore application
• Applicant generally needs to be in Australia at application and decision
• Balance of Family Test applies
• Sponsorship required
• Assurance of Support generally required
• A bridging visa may be available after a valid onshore application
• Subject to capping and queueing
• Very long processing period

Parent Visa vs Contributory Parent Visa

Parents should also consider the Contributory Parent visa program.

These include:

• Subclass 143 – Contributory Parent Visa
• Subclass 173 – Contributory Parent (Temporary) Visa
• Subclass 864 – Contributory Aged Parent Visa
• Subclass 884 – Contributory Aged Parent (Temporary) Visa

Contributory Parent visas generally involve significantly higher visa application charges, but are processed ahead of non-contributory Parent visas and therefore generally provide a faster permanent migration pathway.

The choice between traditional and contributory Parent visas can involve balancing:

• Cost
• Age
• Location
• Processing time
• Health
• Family circumstances
• Long-term migration objectives

Parent Visa vs Sponsored Parent Visa – Subclass 870

The Subclass 870 Sponsored Parent (Temporary) visa is fundamentally different.

Subclass 870

• Temporary visa
• Allows eligible parents to stay in Australia for up to 3 or 5 years at a time
• Maximum cumulative stay generally up to 10 years
• Does not provide permanent residence
• Different sponsorship requirements
• Does not use the same permanent Parent visa queue

Subclasses 103/804

• Permanent residence visas
• Balance of Family Test applies
• Subject to capping and queueing
• Potentially very long processing periods

For some families, the Subclass 870 may provide a temporary family-reunion option while permanent migration pathways are considered.

What Can You Do After the Visa Is Granted?

Both Subclasses 103 and 804 provide Australian permanent residency.

Once granted, the visa holder can generally:

• Live in Australia permanently
• Work in Australia
• Study in Australia
• Enrol in Medicare
• Sponsor eligible family members subject to applicable requirements
• Travel to and from Australia during the initial 5-year travel facility
• Apply for Australian citizenship when eligible

Common Mistakes in Parent Visa Applications

Common problems include:

• Assuming having an Australian citizen child automatically makes the parent eligible
• Failing the Balance of Family Test
• Incorrectly counting children or stepchildren
• Assuming the Balance of Family Test can be waived for compassionate circumstances
• Sponsor not satisfying the settled requirement
• Choosing Subclass 804 without meeting the age requirement
• Attempting to lodge Subclass 804 while holding a visa with a No Further Stay condition
• Assuming an onshore Parent visa automatically gives permanent residency
• Failing to understand the long queue
• Assuming the bridging visa has unrestricted travel rights
• Leaving Australia without obtaining the appropriate bridging visa
• Failing to obtain an Assurance of Support when requested
• Health issues not being considered early enough
• Character matters not being disclosed
• Failing to update the Department after changes in family circumstances
• Failing to notify changes in children’s locations
• Providing inconsistent family information
• Confusing Subclass 804 with Subclass 864
• Confusing permanent Parent visas with the temporary Subclass 870
• Selecting a Parent visa without comparing the contributory alternatives

Typical Parent Visa Process

Step 1: Identify the appropriate Parent visa pathway
Step 2: Assess the sponsor and whether they are settled in Australia
Step 3: Calculate the Balance of Family Test
Step 4: For Subclass 804, confirm the applicant satisfies the age requirement
Step 5: Review the applicant’s current visa and any No Further Stay condition
Step 6: Prepare identity, family and sponsorship documents
Step 7: Prepare and lodge the Parent visa application
Step 8: Initial Departmental assessment
Step 9: If eligible, application enters the Parent visa queue
Step 10: Maintain lawful status where relevant and update the Department regarding changes
Step 11: When the application approaches final processing, complete updated health and character requirements
Step 12: Obtain the Assurance of Support when requested
Step 13: Complete final Departmental assessment
Step 14: If approved, obtain Australian permanent residency

How Melton Migration Can Assist

At Melton Migration, we can assist parents and their families with:

• Parent visa eligibility assessments
• Subclass 103 applications
• Subclass 804 applications
• Balance of Family Test assessments
• Sponsor eligibility and settled-status assessment
• Assurance of Support guidance
• Age eligibility assessment
• Onshore versus offshore Parent visa strategy
• No Further Stay condition assessment
• Bridging visa considerations
• Health and character matters
• Family composition and dependency issues
• Contributory versus non-contributory Parent visa comparisons
• Subclass 870 temporary Parent visa assessment
• Parent visa application preparation and lodgement
• Responses to Departmental requests
• Changes in circumstances during long processing periods
• Complex Parent visa matters
• Ongoing case management

Parent migration requires careful long-term planning. For many families, the key question is not simply “Can my parents apply?”, but rather which Parent visa pathway best suits their age, location, family composition, financial circumstances and desired timeframe.

A proper assessment of the Balance of Family Test, sponsorship, visa conditions and alternative Parent visa pathways before lodgement can help avoid an unsuitable application.

Disclaimer

This information is general information only and does not constitute immigration or legal advice. Parent visa legislation, processing arrangements, queue dates, visa charges, Assurance of Support requirements and other eligibility criteria can change. Eligibility depends on the individual circumstances and requirements applying at the relevant time. Applicants should obtain advice relevant to their circumstances before lodging an application.

8. Contributory Parent Visa Options – Subclasses 143, 173, 864 and 884

Australian Contributory Parent visas allow eligible parents of settled Australian citizens, Australian permanent residents or eligible New Zealand citizens to migrate to or remain in Australia.

The four main Contributory Parent visa subclasses are:

• Subclass 143 – Contributory Parent Visa – Permanent
• Subclass 173 – Contributory Parent (Temporary) Visa – Temporary
• Subclass 864 – Contributory Aged Parent Visa – Permanent
• Subclass 884 – Contributory Aged Parent (Temporary) Visa – Temporary

These visas generally involve significantly higher government charges than the non-contributory Parent visas, but they are allocated more places and are generally processed sooner than Subclasses 103 and 804.

However, Contributory Parent visas are still subject to capping and queueing and can involve lengthy processing periods.

The Four Contributory Parent Visa Options

1. Subclass 143 – Contributory Parent Visa

The Subclass 143 Contributory Parent visa is a permanent visa.

It allows an eligible parent to migrate permanently to Australia where they have an eligible settled child in Australia and satisfy the other visa requirements.

The applicant generally needs to:

• Have an eligible sponsor
• Have an eligible child who is settled in Australia
• Meet the Balance of Family Test
• Meet health requirements
• Meet character requirements
• Obtain an Assurance of Support when required
• Pay the applicable visa application charges
• Satisfy all other applicable criteria

If granted, the applicant becomes an Australian permanent resident.

2. Subclass 173 – Contributory Parent (Temporary) Visa

The Subclass 173 is a temporary Contributory Parent visa.

It generally allows the visa holder to live in Australia for up to 2 years.

A major purpose of the Subclass 173 pathway is to allow eligible parents to spread the substantial Contributory Parent visa costs across the temporary and permanent stages.

The usual pathway is:

Subclass 173 Temporary Visa → Subclass 143 Permanent Visa

The Subclass 173 holder must apply for the Subclass 143 permanent visa before the temporary visa expires if they intend to continue through this pathway and satisfy the applicable lodgement requirements.

What Can You Do on a Subclass 173?

A Subclass 173 holder can generally:

• Live in Australia for up to 2 years
• Work in Australia
• Study in Australia
• Travel to and from Australia while the visa remains valid
• Apply for the permanent Subclass 143 visa

The Subclass 173 does not itself provide permanent residency.

3. Subclass 864 – Contributory Aged Parent Visa

The Subclass 864 Contributory Aged Parent visa is a permanent visa for eligible parents who satisfy the applicable age requirement.

It is generally an onshore pathway.

The primary applicant must be old enough to receive the Australian Age Pension.

The applicant generally needs to:

• Meet the age requirement
• Have an eligible sponsor
• Have an eligible child who is settled in Australia
• Meet the Balance of Family Test
• Meet health requirements
• Meet character requirements
• Obtain an Assurance of Support
• Pay the applicable visa application charges
• Satisfy all other applicable criteria

Once granted, the applicant becomes an Australian permanent resident.

4. Subclass 884 – Contributory Aged Parent (Temporary) Visa

The Subclass 884 is the temporary version of the Contributory Aged Parent visa.

It allows an eligible aged parent to remain temporarily in Australia for up to 2 years.

The usual pathway is:

Subclass 884 Temporary Visa → Subclass 864 Permanent Visa

The Subclass 884 holder should generally apply for the permanent Subclass 864 before the temporary visa expires if they intend to continue through the permanent pathway.

Direct Permanent vs Two-Step Pathway

Parents may potentially have a choice between applying directly for a permanent Contributory Parent visa or using a two-stage temporary-to-permanent pathway.

Direct Permanent Pathway

Subclass 143 → Permanent Residence

or

Subclass 864 → Permanent Residence

Two-Step Pathway

Subclass 173 → Subclass 143 → Permanent Residence

or

Subclass 884 → Subclass 864 → Permanent Residence

The temporary pathway can allow families to spread the substantial visa application charges over different stages.

However, applicants should consider the total cost, timing and eligibility requirements before deciding which pathway is appropriate.

Who Can Sponsor a Parent?

The sponsor is usually the applicant’s eligible child.

The sponsoring child generally needs to be a settled:

• Australian citizen
• Australian permanent resident, or
• Eligible New Zealand citizen

The Department must approve the sponsorship.

Special sponsorship arrangements may potentially apply where the child is under 18.

What Does “Settled” Mean?

Simply having an Australian citizen or permanent resident child does not necessarily establish Parent visa eligibility.

The sponsoring child generally needs to be settled in Australia.

The Department considers the person’s residence history and circumstances in determining whether they satisfy this requirement.

Sponsor eligibility should therefore be checked before the Parent visa application is prepared.

Balance of Family Test

All four Contributory Parent visa subclasses generally require applicants to satisfy the Balance of Family Test.

A parent generally satisfies the test where:

• At least half of their children and stepchildren are eligible children in Australia; or
• There are more eligible children in Australia than children living in any other single country.

Example 1 – Pass

Parents have three children:

• 2 eligible children in Australia
• 1 child in India

The parents may satisfy the Balance of Family Test because at least half of their children are eligible children in Australia.

Example 2 – Pass

Parents have four children:

• 2 eligible children in Australia
• 1 child in Bangladesh
• 1 child in Canada

Australia has more eligible children than any other single overseas country.

The test may therefore be satisfied.

Example 3 – Fail

Parents have four children:

• 1 eligible child in Australia
• 3 children in India

The parents would generally fail the Balance of Family Test.

The Balance of Family Test Cannot Be Waived

This is particularly important.

The Department does not waive the Balance of Family Test, even in compelling or exceptional circumstances.

Therefore, circumstances such as:

• Advanced age
• Medical conditions
• Financial hardship
• Strong emotional ties with the Australian child
• Lack of contact with other children
• Desire to live near grandchildren

do not themselves overcome a failure to satisfy the test.

Family composition should therefore be carefully assessed before an application is lodged.

Which Children Are Counted?

The Balance of Family Test can include the applicant’s and their partner’s:

• Biological children
• Adopted children
• Stepchildren

Special rules determine whether particular children are counted and whether they qualify as eligible children.

Complex family structures involving previous marriages, stepchildren, deceased children or children living in different countries should be carefully assessed.

Age Requirement – Subclasses 143 and 173

There is no requirement for the primary applicant for Subclass 143 or 173 to have reached Australian Age Pension age.

These visas can therefore be relevant to parents who are younger than the age required for the aged Parent visa pathways.

Age Requirement – Subclasses 864 and 884

The primary applicant for a Contributory Aged Parent visa must satisfy the applicable age requirement.

The applicant generally needs to be old enough to receive the Australian Age Pension.

This requirement applies because Subclasses 864 and 884 are specifically designed for aged parents.

Onshore and Offshore Considerations

The appropriate Contributory Parent visa depends significantly on where the applicant is located and whether they satisfy the age requirement.

Broadly:

Subclass 143

Permanent Contributory Parent pathway that can be used by eligible parents who do not necessarily satisfy the aged-parent requirement.

Subclass 173

Temporary Contributory Parent pathway, usually progressing to Subclass 143.

Subclass 864

Permanent onshore aged-parent pathway.

Subclass 884

Temporary onshore aged-parent pathway, usually progressing to Subclass 864.

Location requirements should always be checked before lodgement.

Bridging Visas for Onshore Aged Parent Applications

Applicants who validly lodge an onshore Subclass 864 or 884 application may generally receive an appropriate bridging visa.

Where the applicant’s existing substantive visa expires, the bridging visa may allow the person to remain lawfully in Australia while the Parent visa application is processed.

However:

• A bridging visa is not permanent residency
• Work rights depend on the particular bridging visa and its conditions
• Travel rights are restricted
• Applicants should check the conditions applying to their individual visa

Travelling on a Bridging Visa

A person holding a Bridging Visa A should not assume that they can leave and return to Australia.

A Bridging Visa A generally ceases when the holder leaves Australia.

Where overseas travel is necessary, an eligible person may need to obtain a Bridging Visa B before departure.

Travel should be carefully planned, particularly where the Parent visa requires the applicant to be in Australia at the time of decision.

No Further Stay Conditions

A parent who is in Australia should not assume they can automatically lodge a Subclass 864 or 884 application.

Their current visa may contain a No Further Stay condition, such as:

• Condition 8503
• Condition 8534
• Condition 8535

These conditions can restrict the person’s ability to apply for another substantive visa while in Australia.

A waiver may be available in limited circumstances, but strict requirements apply.

The applicant’s current visa conditions should therefore be checked before planning an onshore Parent visa application.

Assurance of Support

Permanent Contributory Parent visa applicants generally need an Assurance of Support (AoS) before the visa can be granted.

The Assurance of Support is designed to reduce the risk that the parent will rely on certain Australian Government income support payments after becoming a permanent resident.

The Department generally advises applicants when the Assurance of Support is required.

Who Can Be the Assurer?

The assurer does not necessarily need to be the visa sponsor.

Depending on the applicable requirements, an Assurance of Support may potentially be provided by:

• The sponsoring child
• Another eligible individual
• More than one person jointly
• An eligible organisation

The assurer must satisfy the applicable financial requirements.

A financial bond may also be required.

Government Charges

Contributory Parent visas involve substantial visa application charges.

The charges are generally paid in instalments, with a significant second instalment payable before visa grant.

Temporary-to-permanent pathways can allow some families to spread these costs over different stages.

Government charges can change, so applicants should check the current Departmental pricing before proceeding.

Applicants should also budget for potential additional expenses such as:

• Health examinations
• Police certificates
• Document translations
• Biometrics where applicable
• Assurance of Support bond
• Professional fees

Health Requirements

Applicants and relevant family members must satisfy Australia’s applicable health requirements.

Because many Parent visa applicants are older, health requirements can be particularly important.

Applicants may be required to undertake:

• Medical examinations
• Chest X-rays
• Specialist reports
• Further medical testing

A health issue does not necessarily mean that a visa will automatically be refused. The precise health criteria and availability of any relevant waiver need to be assessed according to the particular visa and circumstances.

Character Requirements

Applicants must satisfy Australia’s character requirements.

Evidence may include:

• Australian police checks
• Overseas police certificates
• Court records
• Evidence relating to previous convictions
• Immigration history

Applicants should disclose relevant matters accurately.

Because Contributory Parent applications can remain pending for years, updated police clearances may be requested during final processing.

Including a Spouse or Partner

An eligible spouse or de facto partner can potentially be included as a secondary applicant.

This can be particularly important where only one parent satisfies the age requirement for an aged Parent visa.

The primary applicant must satisfy the relevant primary criteria, while the partner may potentially be included as a secondary applicant subject to the applicable requirements.

Both applicants must satisfy relevant health and character criteria.

Including Dependent Children

Eligible dependent family members may potentially be included where they satisfy the applicable definition of a member of the family unit.

Dependency requirements should be carefully assessed, particularly for adult children.

Capping and Queueing

Contributory Parent visas are capped and queued.

There is a maximum number of Parent visas that can be granted during each migration program year.

Where demand exceeds available places, applications remain in the queue until a place becomes available.

The Department initially assesses applications against core criteria and assigns eligible applications a queue date.

Applications are then generally released for final processing according to queue order and available migration program places.

How Long Do Contributory Parent Visas Take?

Contributory Parent visas should not be described as “fast Parent visas”.

Although they are generally processed considerably sooner than Subclasses 103 and 804, there is still a substantial backlog.

As at 2026, the Department’s published estimate for new Contributory Parent visa applications is approximately 15 years.

Processing estimates can change significantly depending on:

• Annual migration program allocations
• Number of applications
• Withdrawals and refusals
• Government policy
• Processing priorities
• Individual circumstances

Applicants should therefore consider current queue information before committing to this pathway.

Temporary-to-Permanent Applications

Applicants moving from:

Subclass 173 → Subclass 143

or

Subclass 884 → Subclass 864

are processed differently from new first-stage Contributory Parent applications.

This is an important advantage of the structured two-stage pathway once the temporary visa has already been granted.

However, the permanent application must be lodged within the applicable timeframe.

Contributory Parent vs Standard Parent Visa

Subclass 103 / 804

• Lower government charges
• Permanent residence
• Balance of Family Test
• Sponsorship required
• Assurance of Support generally required
• Capped and queued
• Extremely long processing periods

Subclass 143 / 864

• Significantly higher government charges
• Permanent residence
• Balance of Family Test
• Sponsorship required
• Assurance of Support generally required
• Capped and queued
• Generally processed sooner than Subclasses 103/804

The decision can involve a significant trade-off between cost and processing time.

Contributory Parent vs Sponsored Parent Visa – Subclass 870

Families should also distinguish Contributory Parent visas from the Subclass 870 Sponsored Parent (Temporary) visa.

Subclass 870

• Temporary visa
• Allows eligible parents to stay for 3 or 5 years at a time
• Maximum cumulative stay generally up to 10 years
• Does not provide permanent residency
• Different sponsorship requirements
• No Balance of Family Test

Contributory Parent Visas

• Provide or lead towards permanent residence
• Balance of Family Test applies
• Higher government charges
• Capping and queueing applies
• Permanent visas require Assurance of Support

For some families, the Subclass 870 may provide a temporary family-reunion solution while longer-term Parent migration options are considered.

What Happens After Permanent Visa Grant?

A holder of a Subclass 143 or Subclass 864 becomes an Australian permanent resident.

They can generally:

• Live permanently in Australia
• Work in Australia
• Study in Australia
• Enrol in Medicare
• Travel to and from Australia during the applicable travel facility
• Sponsor eligible relatives subject to applicable requirements
• Apply for Australian citizenship when eligible

Eligibility for Australian Government benefits is subject to separate legislation and applicable waiting periods.

Common Mistakes in Contributory Parent Visa Applications

Common problems include:

• Assuming Contributory Parent visas are processed quickly
• Failing the Balance of Family Test
• Incorrectly counting children and stepchildren
• Assuming the Balance of Family Test can be waived
• Sponsor not satisfying the settled requirement
• Selecting the wrong Parent visa subclass
• Applying for Subclass 864/884 without satisfying the age requirement
• Ignoring No Further Stay conditions
• Assuming an onshore application automatically gives unrestricted work or travel rights
• Travelling without an appropriate Bridging Visa B
• Underestimating the total government charges
• Failing to budget for the second visa application charge
• Failing to budget for the Assurance of Support bond
• Health issues not being assessed before substantial costs are incurred
• Character issues not being disclosed
• Missing the deadline to move from Subclass 173 to 143
• Missing the deadline to move from Subclass 884 to 864
• Confusing the temporary Contributory Parent visa with permanent residency
• Assuming Subclass 870 is a permanent Parent visa
• Failing to update the Department after changes in family composition or contact details

Typical Contributory Parent Visa Process

Step 1: Assess the appropriate Parent visa pathway
Step 2: Calculate the Balance of Family Test
Step 3: Assess sponsor eligibility and settled status
Step 4: For Subclasses 864/884, confirm the age requirement
Step 5: Review the applicant’s location and current visa conditions
Step 6: Compare direct permanent and temporary-to-permanent pathways
Step 7: Consider total government charges and Assurance of Support requirements
Step 8: Prepare family, identity and sponsorship evidence
Step 9: Lodge the appropriate visa application
Step 10: Complete the initial Departmental assessment and queue process
Step 11: Maintain updated contact and family information during processing
Step 12: Complete health and character requirements when required
Step 13: Arrange the Assurance of Support for the permanent visa when requested
Step 14: Pay the applicable second instalment when requested
Step 15: Complete final visa assessment
Step 16: If approved for Subclass 143 or 864, obtain Australian permanent residency

How Melton Migration Can Assist

At Melton Migration, we can assist with:

• Contributory Parent visa eligibility assessments
• Subclass 143 applications
• Subclass 173 applications
• Subclass 864 applications
• Subclass 884 applications
• Balance of Family Test assessments
• Sponsor eligibility
• Settled-status assessment
• Aged Parent eligibility
• Direct permanent versus two-stage pathway comparisons
• 173 to 143 applications
• 884 to 864 applications
• Assurance of Support guidance
• Onshore and offshore Parent visa strategy
• No Further Stay conditions
• Bridging visa considerations
• Health and character matters
• Family composition issues
• Parent visa application preparation and lodgement
• Departmental requests for further information
• Complex Parent visa matters
• Ongoing case management

Choosing a Contributory Parent visa requires careful long-term planning. Families should consider not only whether the parent is technically eligible, but also the Balance of Family Test, age, location, processing time, government charges, health requirements, Assurance of Support and alternative Parent visa pathways.

For many families, the most important decision is whether to pursue a direct permanent pathway (143/864) or a two-stage temporary-to-permanent pathway (173→143 or 884→864).

Disclaimer

This information is general information only and does not constitute immigration or legal advice. Parent visa legislation, government charges, queue dates, processing estimates, Assurance of Support requirements and visa procedures can change. Eligibility depends on the applicant’s and sponsor’s individual circumstances and the requirements applying at the relevant time. Applicants should obtain advice relevant to their circumstances before lodging an application.

9. Sponsored Parent (Temporary) Visa – Subclass 870

The Sponsored Parent (Temporary) Visa – Subclass 870 allows eligible parents of Australian citizens, Australian permanent residents and eligible New Zealand citizens to spend an extended period with their family in Australia.

Unlike permanent Parent visas, the Subclass 870 is a temporary visa. It does not provide permanent residency and does not itself provide a pathway to permanent residence.

It can, however, provide an important family-reunion option for parents who want to spend longer periods with their children and grandchildren in Australia.

The visa can allow an eligible parent to stay in Australia for:

• Up to 3 years, or
• Up to 5 years

A parent may potentially obtain further Subclass 870 visas, subject to the applicable requirements, with a maximum cumulative stay of 10 years under this visa program.

Major Advantage – No Balance of Family Test

One of the most important features of the Subclass 870 is that the Balance of Family Test does not apply.

This distinguishes it from permanent Parent visas such as:

• Subclass 103 – Parent Visa
• Subclass 143 – Contributory Parent Visa
• Subclass 804 – Aged Parent Visa
• Subclass 864 – Contributory Aged Parent Visa

This can make the Subclass 870 particularly relevant to parents who have an eligible sponsoring child in Australia but cannot satisfy the Balance of Family Test required for permanent Parent migration.

For example, a parent may have:

• 1 child in Australia
• 2 children in another country

The parent may fail the Balance of Family Test for a permanent Parent visa but could potentially still qualify for a Subclass 870 visa if all Subclass 870 requirements are satisfied.

Who Can Apply?

The applicant must be the parent of an approved Parent Sponsor.

The parent can generally be the sponsor’s:

• Biological parent
• Legal parent
• Adoptive parent
• Step-parent
• Parent-in-law

The applicant must also satisfy the relevant:

• Sponsorship requirements
• Health requirements
• Character requirements
• Financial requirements
• Health insurance requirements
• Genuine temporary stay requirements
• Previous visa compliance requirements
• Other applicable visa criteria

Who Can Sponsor a Parent?

The sponsoring child must generally be an:

• Australian citizen
• Australian permanent resident, or
• Eligible New Zealand citizen

However, citizenship or permanent residence alone does not automatically establish sponsorship eligibility.

The sponsor must satisfy the specific requirements to become an approved Parent Sponsor.

Sponsorship Must Be Approved First

The Subclass 870 has a distinctive two-stage process.

Unlike many other family visas, the sponsorship application must be lodged and approved before the parent can lodge the Subclass 870 visa application.

The process is therefore:

Step 1 – Child applies to become an approved Parent Sponsor

↓

Step 2 – Home Affairs assesses the sponsorship

↓

Step 3 – Sponsorship is approved

↓

Step 4 – Parent lodges the Subclass 870 visa application

The parent cannot lodge the Subclass 870 visa application before the sponsorship has been approved.

Time Limit After Sponsorship Approval

Once the sponsorship has been approved, the parent generally needs to lodge the Subclass 870 visa application within 6 months of the sponsorship approval.

The timing should therefore be carefully managed.

If the visa application is not lodged within the applicable period, the sponsorship may no longer be available for the intended application.

Sponsor Income Requirement

The Parent Sponsor must satisfy an income test.

This is an important difference from some other family visa sponsorship arrangements.

The income threshold is prescribed and can change.

Depending on the circumstances, the sponsor may be able to combine their income with the income of their spouse or de facto partner and/or another eligible child of the parent, subject to the applicable rules.

However, the sponsor must personally contribute the required proportion of the taxable income used to satisfy the test.

Current income thresholds should always be checked before the sponsorship application is lodged.

Sponsor’s Obligations

An approved Parent Sponsor accepts important obligations.

These can include obligations to:

• Provide financial support and accommodation to the sponsored parent where required
• Keep prescribed records
• Provide records to the Department when requested
• Notify the Department of certain events or changes
• Pay certain outstanding public health debts incurred by the sponsored parent where required
• Comply with all applicable sponsorship obligations

Sponsorship should therefore not be viewed merely as signing an invitation letter.

It creates formal responsibilities for the sponsoring child.

How Many Parents Can Be Sponsored?

An approved Parent Sponsor can generally sponsor up to 2 parents at a time.

This can potentially include:

• The sponsor’s own parents
• The sponsor’s spouse or de facto partner’s parents
• One parent from each side of the family

subject to the applicable requirements.

However, the sponsorship limit should be checked carefully where previous or current sponsored parents are involved.

3-Year or 5-Year Visa

Applicants can apply for either a:

Up to 3-Year Subclass 870 Visa

This allows the parent to stay temporarily in Australia for up to three years.

Up to 5-Year Subclass 870 Visa

This allows the parent to stay temporarily in Australia for up to five years.

The government visa application charge differs depending on whether the parent applies for the 3-year or 5-year option.

Maximum Stay – 10 Years

A parent can potentially hold more than one Subclass 870 visa.

However, the total cumulative period permitted under the Subclass 870 program is generally 10 years.

This means the visa cannot be repeatedly renewed indefinitely.

Once the maximum cumulative period has been reached, the parent cannot simply continue obtaining further Subclass 870 visas.

Is Subclass 870 a Permanent Visa?

No.

The Subclass 870 is a temporary visa only.

It does not:

• Provide Australian permanent residency
• Automatically convert into permanent residency
• Guarantee eligibility for a permanent Parent visa
• Remove the Balance of Family Test for another Parent visa
• Provide a direct pathway to Australian citizenship

Parents seeking permanent migration need to separately consider whether they qualify for an appropriate permanent Parent visa.

Can a Subclass 870 Holder Work?

The Subclass 870 is designed for temporary family reunion, not employment.

The visa generally carries Condition 8103 – No Work.

This means the parent must not undertake work in Australia while holding the visa.

Parents intending to work in Australia should therefore not assume that the Subclass 870 provides employment rights.

Health Insurance

Subclass 870 applicants are generally required to maintain adequate health insurance for their period of stay in Australia.

This is particularly important because parents may have significant medical needs during an extended stay.

Applicants should ensure their insurance satisfies the applicable requirements and remains valid as required.

Health Requirements

Applicants must satisfy Australia’s applicable health requirements.

Depending on the circumstances, this may involve:

• Medical examination
• Chest X-ray
• Additional medical testing
• Specialist reports
• Further assessment by the Department’s medical authorities

Health requirements can be particularly important for older applicants.

Medical circumstances should therefore be considered before committing to the visa process.

Character Requirements

Applicants must satisfy Australia’s character requirements.

The Department may request:

• Police certificates
• Criminal history information
• Court documents
• Military service information where relevant
• Other character documentation

Applicants should disclose relevant criminal and immigration history accurately.

Previous visa cancellations, overstays or compliance issues may also be relevant.

Genuine Intention to Stay Temporarily

The Subclass 870 remains a temporary visa, despite potentially allowing a lengthy stay.

The Department can consider whether the applicant genuinely intends to stay temporarily and comply with the visa conditions.

Relevant considerations can include:

• Previous Australian immigration history
• Previous compliance with visa conditions
• Family circumstances
• Financial circumstances
• Purpose of stay
• Intention to comply with the Subclass 870 conditions

Applicants should provide accurate and consistent information regarding their intended stay.

Previous Australian Government Debts

Relevant debts to the Australian Government can affect the application.

Where the applicant or relevant family members owe money to the Australian Government, the debt may need to be repaid or an acceptable repayment arrangement established.

Assurance of Support

Unlike certain permanent Parent visa pathways, the Subclass 870 does not operate through the traditional Assurance of Support framework applicable to permanent Parent migration.

Instead, the Subclass 870 has its own sponsorship, income, health insurance and financial responsibility arrangements.

This distinction is important when comparing Parent visa options.

Annual Cap

The Subclass 870 program has an annual limit.

Up to 15,000 Sponsored Parent (Temporary) visas may be granted in each program year, running from 1 July to 30 June.

If the annual cap is reached, further grants may not be available during that program year.

Subclass 870 Is Not Part of the Parent Visa Queue

Another significant distinction is that the Subclass 870 is not subject to the same capping-and-queueing arrangements that apply to permanent Parent visas.

Permanent Parent visa subclasses can involve extremely long processing periods because of annual migration program limits and substantial application backlogs.

The Subclass 870 was introduced partly to provide families with another option for extended temporary reunion.

Can You Apply for a Permanent Parent Visa While Holding Subclass 870?

A parent cannot simply use the Subclass 870 as an unrestricted bridge into permanent Parent migration.

Home Affairs states that a person cannot apply for a permanent Parent visa while holding a Subclass 870 visa.

The interaction between Subclass 870 and permanent Parent visa applications should therefore be carefully considered before choosing this pathway.

Similarly, certain permanent Parent visa applications cannot be made where the person has already applied for or holds a Subclass 870 visa.

This can have significant strategic consequences.

Subclass 870 vs Visitor Visa

The Subclass 870 can be particularly attractive for parents wanting to spend longer periods with family.

Visitor Visa – Subclass 600

Generally suitable for:

• Shorter family visits
• Tourism
• Temporary stays
• Parents who do not need to remain in Australia for several years continuously

Sponsored Parent Visa – Subclass 870

Generally suitable for:

• Extended family reunion
• Parents wanting to stay for up to 3 or 5 years
• Parents who may not satisfy the Balance of Family Test
• Families willing to meet the sponsorship and financial requirements

However, the Subclass 870 involves substantially different costs and obligations.

Subclass 870 vs Permanent Parent Visas

Subclass 870

• Temporary visa
• Stay for up to 3 or 5 years
• Maximum cumulative stay generally 10 years
• No Balance of Family Test
• Approved Parent Sponsor required
• Sponsor income requirement
• Health insurance required
• No work
• Does not provide permanent residence
• Not subject to the permanent Parent visa queue

Subclass 103 – Parent Visa

• Permanent visa
• Balance of Family Test applies
• Sponsorship required
• Assurance of Support generally required
• Much lower visa charges than Contributory Parent visas
• Very long queue

Subclass 143 – Contributory Parent Visa

• Permanent visa
• Balance of Family Test applies
• Sponsorship required
• Assurance of Support required
• Substantial government charges
• Capped and queued

Subclass 804/864 – Aged Parent Pathways

• Permanent visas
• Age requirement applies
• Onshore pathways
• Balance of Family Test applies
• Different bridging visa and processing considerations

The appropriate option depends on the family’s objectives, eligibility, finances and desired length of stay.

Can Parents Apply From Australia?

The location requirements for a Subclass 870 application need to be checked carefully.

In some circumstances, a parent may be permitted to apply while in Australia, but the applicable requirements and any permission to apply onshore must be satisfied.

Applicants should not assume that being in Australia on a Visitor visa automatically permits an onshore Subclass 870 application.

Current visa conditions, including any No Further Stay condition, should also be checked.

Can Parents Leave and Re-enter Australia?

The Subclass 870 permits travel in accordance with the visa’s travel conditions while it remains valid.

Parents should nevertheless check their visa grant notice and conditions before travelling.

Common Mistakes in Subclass 870 Applications

Common problems include:

• Assuming Subclass 870 provides permanent residency
• Assuming it leads automatically to a permanent Parent visa
• Lodging the visa application before sponsorship approval
• Missing the 6-month period after sponsorship approval
• Sponsor failing the income requirement
• Providing incorrect taxable income evidence
• Failing to understand the sponsor’s obligations
• Assuming the Balance of Family Test applies
• Conversely, assuming Subclass 870 removes the Balance of Family Test for a future permanent Parent visa
• Assuming the parent can work in Australia
• Failing to maintain adequate health insurance
• Underestimating healthcare costs
• Failing to disclose previous visa refusals or cancellations
• Failing to disclose criminal history
• Assuming the visa can be renewed indefinitely
• Failing to consider the 10-year cumulative maximum
• Applying for Subclass 870 without considering its interaction with a permanent Parent visa application
• Ignoring No Further Stay conditions
• Assuming a Visitor visa can always be converted to Subclass 870 onshore
• Providing inconsistent parent-child relationship documents
• Failing to notify the Department of relevant changes

Typical Subclass 870 Process

Step 1: Assess whether Subclass 870 is appropriate compared with other Parent visa options
Step 2: Confirm the parent-child relationship
Step 3: Assess the child’s eligibility to become a Parent Sponsor
Step 4: Assess the sponsor’s income requirement
Step 5: Prepare and lodge the Parent Sponsorship application
Step 6: Obtain sponsorship approval
Step 7: Prepare the parent’s Subclass 870 visa application
Step 8: Lodge the visa application within the required timeframe
Step 9: Complete health and character requirements
Step 10: Arrange and maintain adequate health insurance
Step 11: Respond to any Departmental requests
Step 12: If granted, comply with all visa conditions, including the no-work condition
Step 13: Before visa expiry, assess future visa and departure options

How Melton Migration Can Assist

At Melton Migration, we can assist with:

• Subclass 870 eligibility assessments
• Parent Sponsor eligibility assessments
• Sponsor income requirement assessments
• Parent-child relationship evidence
• Sponsorship application preparation
• Subclass 870 visa application preparation and lodgement
• 3-year versus 5-year visa considerations
• Previous Subclass 870 visa and 10-year cumulative stay assessment
• Health and character requirements
• Health insurance requirements
• Previous visa refusals and immigration history
• No Further Stay conditions
• Onshore application considerations
• Permanent Parent visa versus Subclass 870 comparisons
• Subclass 103, 143, 804 and 864 pathway assessments
• Responses to Departmental requests
• Complex Parent visa matters
• Ongoing case management

Is Subclass 870 the Right Parent Visa?

The Subclass 870 can be particularly useful where the family’s priority is extended temporary reunion rather than immediate permanent migration.

It may also provide an option for parents who do not satisfy the Balance of Family Test required for permanent Parent visas.

However, families should consider:

• The temporary nature of the visa
• The 3-year or 5-year stay period
• The maximum 10-year cumulative stay
• Sponsor income requirements
• Government visa charges
• Health insurance and healthcare costs
• No-work condition
• Sponsor obligations
• Interaction with permanent Parent visa pathways

before deciding whether this is the most appropriate option.

Disclaimer

This information is general information only and does not constitute immigration or legal advice. Subclass 870 sponsorship and visa requirements, income thresholds, government charges, visa conditions, annual caps and application procedures can change. Eligibility depends on the individual circumstances of the parent and sponsor and the requirements applying at the relevant time. Applicants and sponsors should obtain advice relevant to their circumstances before lodging an application.

10.Remaining Relative Visas – Subclasses 115 and 835

The Remaining Relative visa is a permanent family visa designed for people whose only close family members are living permanently in Australia.

There are two main subclasses:

• Subclass 115 – Remaining Relative Visa – generally for applicants outside Australia
• Subclass 835 – Remaining Relative Visa – for applicants in Australia

Both visas provide Australian permanent residence if granted.

However, the eligibility requirements are strict. In particular, the applicant and their partner generally must not have a relevant near relative living outside Australia, or a near relative in Australia who is only a temporary visa holder or is unlawfully present.

Subclass 115 – Remaining Relative Visa

The Subclass 115 is the offshore Remaining Relative visa.

It allows an eligible person to migrate permanently to Australia to join their only close family members.

The applicant must generally:

• Be outside Australia when applying
• Be outside Australia when the visa is decided
• Be a remaining relative of an eligible person in Australia
• Have an eligible sponsor
• Have no disqualifying near relatives
• Obtain an Assurance of Support when requested
• Meet health requirements
• Meet character requirements
• Meet all other applicable visa criteria

If granted, the applicant becomes an Australian permanent resident.

Subclass 835 – Remaining Relative Visa

The Subclass 835 is the onshore Remaining Relative visa.

It allows an eligible person already in Australia to remain permanently with their only close family members.

The applicant generally needs to:

• Be in Australia when applying
• Be in Australia when the visa is decided
• Have an eligible sponsor
• Satisfy the Remaining Relative requirements
• Have no disqualifying near relatives
• Obtain an Assurance of Support
• Meet health and character requirements
• Satisfy all other applicable criteria

If granted, the applicant becomes an Australian permanent resident.

Who Is a Remaining Relative?

The Remaining Relative visa is not simply available because an applicant has a brother, sister, parent or another family member living in Australia.

The critical issue is the location and immigration status of the applicant’s near relatives.

Generally, the visa will not be granted where the applicant or their partner has a near relative who:

• Usually lives outside Australia; or
• Lives in Australia only on a temporary visa and is not an eligible New Zealand citizen; or
• Is unlawfully present in Australia.

This makes the Remaining Relative visa one of the more restrictive Australian family migration pathways.

What Is a Near Relative?

For Remaining Relative visa purposes, relevant near relatives can include specified close family relationships.

The assessment can involve the applicant’s and their partner’s:

• Parents
• Brothers and sisters
• Adult children
• Certain step-relatives and other relationships covered by the migration legislation

The precise legal definition should be applied to the applicant’s individual family structure.

This is particularly important where there are:

• Half-siblings
• Stepchildren
• Step-parents
• Adopted family members
• Previous marriages
• Estranged relatives
• Missing relatives
• Relatives with uncertain immigration status

Your Partner’s Family Can Matter Too

One of the most commonly misunderstood aspects of the Remaining Relative visa is that the assessment is not necessarily limited to the primary applicant’s family.

The near relatives of the applicant’s spouse or de facto partner can also affect eligibility.

For example, an applicant may have:

• Their only sibling permanently living in Australia; and
• No parents or other siblings overseas.

At first glance, the applicant may appear eligible.

However, if their spouse has a near relative who usually lives overseas, the couple may fail the Remaining Relative requirement.

For this reason, the family structure of both the applicant and their partner should be reviewed before an application is lodged.

Example – Potentially Eligible

An applicant has:

• One brother
• No other relevant near relatives

The brother is an Australian citizen permanently living in Australia.

The applicant has no spouse or de facto partner.

Subject to all other requirements, the applicant may potentially satisfy the Remaining Relative requirement.

Example – Potential Problem

An applicant has:

• One sister who is an Australian permanent resident living in Australia
• One brother permanently living in India

The applicant would generally not satisfy the Remaining Relative requirement because they have a near relative who usually lives outside Australia.

Example – Relative in Australia on Temporary Visa

An applicant’s only two siblings are in Australia:

• One is an Australian citizen
• One holds a temporary visa

The sibling holding the temporary visa can create an eligibility problem.

Simply having all relatives physically present in Australia does not necessarily satisfy the requirement.

Their immigration status is also relevant.

Estranged Relatives

Applicants sometimes believe that an estranged relative should not be counted because they:

• Have not spoken for many years
• Have a poor relationship
• Do not know the relative’s current address
• Receive no support from the relative
• Have no intention of re-establishing contact

Estrangement does not necessarily mean that the person ceases to be a near relative for migration purposes.

The legal family relationship remains important.

The circumstances should therefore be carefully assessed rather than assuming an estranged relative can simply be excluded.

Who Can Sponsor a Remaining Relative?

The applicant must have an eligible sponsor.

Home Affairs states that the applicant must generally be sponsored by an eligible:

• Parent or step-parent
• Brother or sister
• Stepbrother or stepsister
• Eligible partner of the applicant’s relative

The Department must approve the sponsorship.

The sponsor must satisfy the applicable immigration status, residence and other requirements.

Sponsor’s Australian Status

The sponsoring relative will generally need to be an eligible:

• Australian citizen
• Australian permanent resident, or
• Eligible New Zealand citizen

The sponsor’s circumstances should be assessed before the application is lodged.

Assurance of Support

Remaining Relative visa applicants must be able to obtain an Assurance of Support (AoS).

The Department generally requests the Assurance of Support at the appropriate stage of processing.

The Assurance of Support is intended to ensure that the applicant and migrating family members do not have to rely on certain Australian Government income-support payments after permanent migration.

What Is an Assurance of Support?

An assurer undertakes financial responsibility for the visa applicant for the applicable period.

Depending on the requirements, the assurer may need to:

• Meet an income test
• Provide financial information
• Accept financial responsibility for the applicant
• Provide a financial bond where required
• Repay certain recoverable government payments if necessary

The Department will advise when the Assurance of Support is required.

Sponsor and Assurer Are Not Necessarily the Same Person

The person sponsoring the visa and the person providing the Assurance of Support do not necessarily have to be the same person.

The proposed assurer must independently satisfy the applicable Assurance of Support requirements.

This should be considered as part of the family’s financial planning.

Health Requirements

Applicants and relevant family members must satisfy Australia’s applicable health requirements.

The Department may require:

• Medical examinations
• Chest X-rays
• Further medical tests
• Specialist reports

Relevant non-migrating family members may also be required to undergo health examinations in some circumstances.

Health issues should be considered carefully, particularly given the potentially very long processing period.

Character Requirements

Applicants and relevant family members must satisfy Australia’s character requirements.

This can involve:

• Australian police checks
• Overseas police certificates
• Criminal convictions
• Pending charges
• Immigration history
• Previous visa cancellations
• False or misleading information
• Other adverse information

Updated police certificates may be requested during processing because these applications can remain pending for a substantial period.

Australian Values Statement

Applicants aged 18 years or older are generally required to confirm that they have read, or had explained to them, the relevant information about Australian society and values and sign the required Australian Values Statement.

Best Interests of Children

Where an applicant included in the application is under 18, the Department must be satisfied that granting the visa would not be contrary to the child’s best interests.

Child protection, parental responsibility and welfare issues may therefore need to be considered.

Including Family Members

Eligible members of the applicant’s family unit may potentially be included in the application.

This can include an eligible:

• Spouse or de facto partner
• Dependent child

However, including a partner is particularly important in a Remaining Relative application because the partner’s own near relatives can affect whether the primary applicant satisfies the Remaining Relative criteria.

Family members included in the application must satisfy applicable health and character requirements.

Subclass 115 – Location Requirements

The Subclass 115 is the offshore pathway.

The applicant must generally be:

• Outside Australia when applying, and
• Outside Australia when the Department decides the application

This should be considered when planning travel during processing.

Subclass 835 – Location Requirements

The Subclass 835 is the onshore pathway.

The applicant must generally be:

• In Australia when applying, and
• In Australia when the Department decides the application

Applicants should therefore ensure that their immigration status and travel arrangements remain consistent with the requirements.

Bridging Visa – Subclass 835

A person who validly lodges a Subclass 835 application while in Australia may generally be granted an appropriate bridging visa.

If their existing substantive visa expires while the Remaining Relative application remains pending, the bridging visa may allow them to remain lawfully in Australia.

However, a bridging visa:

• Is not permanent residency
• May contain conditions
• Does not necessarily provide unrestricted work rights
• Does not automatically provide unrestricted international travel

The individual bridging visa grant and conditions should always be checked.

Travelling While Waiting

Applicants holding a Bridging Visa A should be particularly careful before leaving Australia.

A Bridging Visa A does not provide the same travel facility as a substantive visa.

Where overseas travel is necessary, an applicant may need to obtain an appropriate Bridging Visa B before departure.

This is especially important for Subclass 835 applicants because they generally need to be in Australia when the visa is decided.

No Further Stay Conditions

An applicant in Australia should not assume they can automatically lodge a Subclass 835 application.

Their existing visa may contain a No Further Stay condition, such as:

• Condition 8503
• Condition 8534
• Condition 8535

These conditions can restrict the ability to lodge another substantive visa while in Australia.

A waiver may potentially be available in limited circumstances, but the legal requirements are strict.

The applicant’s current visa conditions should therefore be reviewed before planning an onshore Remaining Relative application.

Previous Visa Refusal or Cancellation

Previous Australian visa refusals or cancellations can affect an applicant’s ability to make a valid onshore visa application.

This can be particularly important for Subclass 835 applicants.

The applicant’s complete immigration history should therefore be reviewed before lodgement.

Capping and Queueing

Remaining Relative visas are subject to capping and queueing.

The Australian Government limits the number of Other Family visas that can be granted each year.

Where demand exceeds the number of available places, eligible applications are placed into a queue.

This means that satisfying the visa criteria does not mean the visa will be granted quickly.

Very Long Processing Periods

Remaining Relative visas can involve extremely long processing periods.

Home Affairs does not provide a guaranteed processing timeframe because these visas are subject to annual capping and queueing arrangements.

Applicants should therefore treat Subclasses 115 and 835 as long-term migration pathways.

Family circumstances can change substantially during such a long processing period.

You Must Continue to Meet the Requirements

Lodging a valid Remaining Relative visa application does not necessarily preserve eligibility regardless of future changes.

Changes that may affect the application can include:

• Marriage
• Entering a de facto relationship
• Birth of children
• Death of relatives
• A relative moving overseas
• A relative obtaining or losing Australian permanent residence
• Changes in a relative’s visa status
• Sponsor circumstances changing
• Changes in the applicant’s immigration status

The Department should be notified of relevant changes.

Remaining Relative Visa vs Balance of Family Test

The Remaining Relative visa should not be confused with the Balance of Family Test used for Parent visas.

These are different legal tests.

Parent Visa

The Balance of Family Test examines how many of the parent’s children are eligible children in Australia compared with children elsewhere.

Remaining Relative Visa

The issue is generally whether the applicant or their partner has a disqualifying near relative living outside Australia or living in Australia only temporarily or unlawfully.

The Remaining Relative test can therefore be considerably more restrictive.

Remaining Relative Visa vs Carer Visa

The Carer visa – Subclass 116/836 has a different purpose.

A Carer visa is generally concerned with providing substantial and continuing assistance to an eligible Australian relative with a long-term medical condition who cannot reasonably obtain the required care from other sources in Australia.

The Remaining Relative visa does not require the applicant to establish a medical need for care.

Instead, the focus is on the applicant’s family structure and the location/status of their near relatives.

Remaining Relative Visa vs Parent Visa

The Remaining Relative visa should also not be viewed as an alternative Parent visa simply because a person has family in Australia.

A parent with children in Australia should generally consider the relevant Parent visa pathways.

The correct visa depends on:

• Family relationship
• Family composition
• Location of relatives
• Immigration status of relatives
• Applicant’s location
• Age
• Sponsorship
• Other eligibility criteria

What Happens After Visa Grant?

Subclasses 115 and 835 are permanent residence visas.

Once granted, the visa holder can generally:

• Live permanently in Australia
• Work in Australia
• Study in Australia
• Enrol in Medicare
• Sponsor eligible relatives subject to applicable requirements
• Travel to and from Australia during the initial 5-year travel facility
• Apply for Australian citizenship when eligible

After the initial travel facility expires, a permanent resident who is not an Australian citizen may need a Resident Return Visa to return to Australia after overseas travel.

Common Mistakes in Remaining Relative Visa Applications

Common problems include:

• Assuming having one close relative in Australia is enough
• Failing to identify all near relatives
• Ignoring the applicant’s partner’s relatives
• Assuming estranged relatives do not count
• Assuming a relative on a temporary Australian visa satisfies the requirement
• Failing to check whether a relative is lawfully present in Australia
• Incorrectly identifying step-relatives
• Providing incomplete family composition information
• Giving inconsistent family details across previous visa applications
• Choosing Subclass 115 when the applicant is in Australia
• Choosing Subclass 835 without checking onshore eligibility
• Ignoring a No Further Stay condition
• Failing to consider previous visa refusals or cancellations
• Assuming a bridging visa provides unrestricted travel
• Failing to obtain an Assurance of Support when requested
• Underestimating the processing period
• Failing to notify Home Affairs when family circumstances change
• Assuming eligibility at lodgement guarantees eventual visa grant
• Confusing the Remaining Relative test with the Parent visa Balance of Family Test

Typical Remaining Relative Visa Process

Step 1: Map the applicant’s complete family structure
Step 2: Map the spouse or de facto partner’s family structure
Step 3: Identify every relevant near relative
Step 4: Determine where each near relative usually lives
Step 5: Determine each Australian-based relative’s immigration status
Step 6: Assess whether the Remaining Relative criteria are satisfied
Step 7: Determine whether Subclass 115 or 835 is appropriate
Step 8: Assess sponsor eligibility
Step 9: Review current visa conditions and immigration history for onshore applicants
Step 10: Prepare identity, relationship and sponsorship documentation
Step 11: Lodge the application and sponsorship
Step 12: Complete the initial Departmental assessment and queueing process
Step 13: Keep Home Affairs informed of relevant changes during processing
Step 14: Complete updated health and character requirements when requested
Step 15: Arrange the Assurance of Support when requested
Step 16: Complete final visa assessment
Step 17: If approved, obtain Australian permanent residency

How Melton Migration Can Assist

At Melton Migration, we can assist with:

• Subclass 115 eligibility assessments
• Subclass 835 eligibility assessments
• Detailed near-relative assessments
• Family-tree and family-composition analysis
• Applicant and partner family assessments
• Sponsor eligibility
• Assurance of Support guidance
• Onshore versus offshore visa strategy
• No Further Stay condition assessment
• Previous visa refusal and cancellation issues
• Bridging visa considerations
• Health and character matters
• Family relationship evidence
• Complex step-family and blended-family situations
• Changes in circumstances during processing
• Application and sponsorship preparation
• Responses to Departmental requests
• Complex Remaining Relative visa matters
• Ongoing case management

The Remaining Relative visa is one of Australia’s most restrictive family migration pathways. Before lodging an application, it is particularly important to identify every relevant near relative of both the applicant and their partner and determine where those relatives usually live and their Australian immigration status.

Given the potentially very long processing period, applicants should also understand that changes to family circumstances during processing may affect the application.

Disclaimer

This information is general information only and does not constitute immigration or legal advice. Remaining Relative visa legislation, definitions, sponsorship requirements, Assurance of Support requirements, queue arrangements, visa charges and procedures can change. Eligibility depends on the individual circumstances of the applicant, partner, sponsor and their family members and the requirements applying at the relevant time. Professional advice should be obtained where appropriate.

11.Carer Visas – Subclasses 116 and 836

Australian Carer visas allow an eligible person to obtain permanent residence in Australia to provide ongoing substantial care and support to an Australian relative, or an eligible member of that relative’s family, who has a long-term medical condition and does not have reasonable access to the required care in Australia.

There are two main Carer visa pathways:

• Subclass 116 – Carer Visa – generally for applicants outside Australia
• Subclass 836 – Carer Visa – for applicants in Australia

Both visas are permanent residence visas.

Carer visas have strict medical, care, family relationship and sponsorship requirements. Having an elderly, sick or disabled relative in Australia does not automatically establish eligibility.

Subclass 116 – Carer Visa

The Subclass 116 Carer visa is the offshore pathway.

It allows an eligible person outside Australia to migrate permanently to Australia to provide substantial and continuing care or assistance to an eligible Australian relative, or an eligible member of that relative’s family who lives with them.

The person requiring care must have a qualifying long-term medical condition and must not have reasonable access to the required care arrangements in Australia.

The applicant generally needs to:

• Be outside Australia when applying
• Be outside Australia when the visa is decided
• Be willing and able to provide substantial and continuing care or assistance
• Have an eligible relative or family member requiring care
• Have an approved sponsorship
• Meet health requirements
• Meet character requirements
• Satisfy all other applicable visa criteria

Subclass 836 – Carer Visa

The Subclass 836 Carer visa is the onshore pathway.

It allows an eligible person already in Australia to remain permanently to provide ongoing substantial care and assistance to an eligible Australian relative or their qualifying family member.

The applicant must generally:

• Be in Australia when applying
• Be in Australia when the visa is decided
• Be willing and able to provide the required care
• Have an eligible sponsor
• Meet the relevant medical and care requirements
• Satisfy applicable visa-status requirements
• Meet health requirements
• Meet character requirements
• Satisfy all other applicable criteria

Who Must Need the Care?

The person requiring care can generally be:

• The applicant’s eligible Australian relative; or
• A member of that relative’s family who lives with the Australian relative.

This means the person with the medical condition does not necessarily have to be the applicant’s direct relative in every case.

However, the relevant family and sponsorship requirements must still be satisfied.

What Type of Care Must Be Required?

The applicant must generally be willing and able to provide ongoing substantial care and continuing support or assistance.

This is much more than ordinary family help, companionship or occasional assistance.

The care needs may relate to practical assistance with matters such as:

• Mobility
• Personal care
• Daily living
• Household activities
• Supervision
• Assistance arising from physical impairment
• Assistance arising from intellectual or cognitive impairment
• Other substantial day-to-day support arising from the person’s medical condition

The exact care required will depend on the medical assessment and the individual’s circumstances.

Long-Term Medical Condition

The person requiring care must have an appropriate long-term medical condition.

For Carer visa purposes, the medical condition and resulting care requirements are formally assessed.

A diagnosis alone is not enough.

The issue is whether the medical condition results in a level and duration of impairment that satisfies the Carer visa requirements and creates a genuine need for substantial continuing assistance.

Mandatory Bupa Medical Assessment

One of the most important requirements for a Carer visa is the medical assessment of the person who requires care.

The relevant Australian relative or family member must be assessed by Bupa Medical Visa Services.

Bupa must provide a medical certificate addressing the person’s medical condition and their need for care.

Importantly, a Carer visa application cannot simply rely on a letter from the person’s:

• General practitioner
• Specialist
• Hospital
• Physiotherapist
• Psychologist
• Occupational therapist

These documents may provide supporting evidence, but the required Bupa assessment is central to the Carer visa process.

Bupa Assessment Must Begin Before Lodgement

The Bupa medical assessment should be arranged before the visa application is lodged.

The Department requires evidence that the Bupa Carer visa medical assessment has at least commenced.

The application generally needs to include either:

• The required Bupa medical certificate; or
• Evidence from Bupa confirming that the medical assessment process has commenced.

If the required process has not commenced, the application may not be accepted as a valid Carer visa application.

This makes the medical assessment one of the first steps that should be considered before preparing the visa application.

What Does the Medical Assessment Consider?

The assessment considers the medical condition and the resulting need for assistance.

The medical evidence must establish the required level of impairment and the continuing need for care under the applicable migration criteria.

Applicants should therefore understand the person’s:

• Diagnosis
• Functional limitations
• Daily care requirements
• Expected duration of the condition
• Current treatment
• Existing support arrangements
• Activities they cannot perform independently
• Type and frequency of assistance required

A Carer visa is not granted merely because a relative has a serious medical diagnosis.

The effect of that condition on the person’s ability to manage daily life is critical.

No Reasonable Access to Care in Australia

This is another fundamental requirement.

It is not enough to establish that the Australian relative requires substantial care.

The applicant must also establish that the person does not have reasonable access to the required care in Australia.

The Department requires written evidence addressing this issue.

This can involve considering whether the necessary assistance can reasonably be provided by:

• Other relatives in Australia
• Existing family members
• Community services
• Nursing services
• Disability support services
• Home-care providers
• Other health or welfare services reasonably available in Australia

Why Is Existing Care Availability Important?

A Carer visa is not intended simply to allow an overseas relative to migrate because the Australian family would prefer that person to provide the care.

The question is whether there is reasonable access to appropriate care in Australia.

For example, an Australian relative may genuinely prefer their brother or sister overseas to provide care.

However, if appropriate and reasonable care is already available from other family members or Australian community services, the Carer visa criteria may not be satisfied.

Evidence That Care Is Not Reasonably Available

Depending on the circumstances, evidence may include:

• Statements explaining existing care arrangements
• Evidence concerning other relatives in Australia
• Reasons other relatives cannot provide the required care
• Work and family commitments of potential carers
• Medical evidence concerning other family members
• Evidence of unsuccessful attempts to obtain appropriate care
• Community care assessments
• Disability support information
• Aged-care assessments
• Evidence concerning waiting lists
• Evidence concerning the nature and availability of services
• Evidence concerning why available services do not reasonably meet the person’s care needs

The evidence should address the actual care required rather than making general statements that professional care is expensive or that family care would be preferable.

Applicant Must Be Able to Provide the Care

The visa applicant must be genuinely willing and able to provide the required care.

The Department may therefore consider matters such as:

• Applicant’s physical ability
• Applicant’s health
• Applicant’s age
• Family responsibilities
• Employment commitments
• Knowledge of the medical condition
• Understanding of the care required
• Relationship with the person requiring care
• Proposed living arrangements
• Ability to provide care on an ongoing basis

An applicant who cannot realistically provide the identified care may have difficulty satisfying the visa criteria.

Understanding the Care Recipient’s Condition

The applicant should have a clear understanding of:

• The medical condition
• How it affects the person
• Medication and treatment where relevant
• Mobility limitations
• Personal-care requirements
• Daily routines
• Supervision requirements
• Household assistance
• Appointments and treatment
• The expected role of the applicant

This can be important if the Department seeks further information about how the proposed care arrangement will actually operate.

Who Can Sponsor a Carer Visa Applicant?

The applicant must have an eligible sponsor.

The sponsor will generally need to be the Australian relative requiring care or another eligible relative in appropriate circumstances.

The sponsor generally needs to satisfy the relevant requirements concerning:

• Australian citizenship, permanent residence or eligible New Zealand citizenship
• Residence in Australia
• Family relationship
• Sponsorship eligibility
• Other applicable requirements

The Department must approve the sponsorship.

Relationship Evidence

The family relationship between the applicant, sponsor and person requiring care must be properly established.

Evidence may include:

• Birth certificates
• Marriage certificates
• Family registration documents
• Adoption records
• Passports
• Change-of-name documents
• Other official family records

Complex family structures involving step-relatives, adoption or inconsistent identity records should be carefully documented.

Assurance of Support

Unlike several other Other Family visas, an Assurance of Support is not a mandatory requirement for the Carer visa.

This is an important distinction from visas such as:

• Remaining Relative visas
• Aged Dependent Relative visas

Applicants should therefore not assume that every Other Family visa has the same Assurance of Support requirements.

Health Requirements for the Visa Applicant

The medical assessment of the person requiring care is separate from the health requirement applying to the visa applicant.

The applicant and family members included in the application must satisfy the applicable Australian health requirements.

This means there can effectively be two separate medical considerations:

1. The person in Australia requiring care
Must undergo the specific Carer visa medical assessment concerning their condition and care needs.

2. The visa applicant and accompanying family members
Must satisfy the normal visa health requirements applicable to them.

These should not be confused.

Character Requirements

The applicant and family members aged 16 years or older who apply with them generally need to satisfy Australia’s character requirements.

Police certificates may be required from:

• Australia, where applicable
• The applicant’s home country
• Other countries where the applicant has lived for the relevant period

The Department may also request character information from other family members.

Relevant criminal history should be disclosed accurately.

Including Family Members

Eligible members of the applicant’s family unit can potentially be included in the Carer visa application.

This may include an eligible:

• Spouse or de facto partner
• Dependent child

Family members included in the application must satisfy applicable health and character requirements.

Adult dependent children must also satisfy the applicable dependency requirements.

Subclass 836 and Current Visa Status

The Subclass 836 is an onshore application, so the applicant’s current immigration status is important.

Home Affairs states that an applicant generally needs to:

• Hold a substantive visa other than a Transit visa (Subclass 771); or
• Have previously held an appropriate substantive visa and lodge the Subclass 836 application within the applicable period.

Onshore eligibility should therefore be checked carefully before lodgement.

Previous Visa Refusals or Cancellations

An applicant who has previously had an Australian visa refused or cancelled may face restrictions on making a valid visa application while in Australia.

This is particularly relevant to Subclass 836.

Previous immigration history should therefore be reviewed before lodging the application.

No Further Stay Conditions

An applicant in Australia should also check whether their current visa contains a No Further Stay condition, such as:

• Condition 8503
• Condition 8534
• Condition 8535

These conditions may restrict the ability to lodge another substantive visa while in Australia.

A waiver may potentially be available in limited circumstances, but strict requirements apply.

The applicant should not assume that the relative’s serious medical condition automatically allows an onshore Carer visa application.

Bridging Visa – Subclass 836

A person who validly lodges a Subclass 836 application in Australia may generally be granted an appropriate bridging visa.

The bridging visa may allow the applicant to remain lawfully in Australia after their current substantive visa expires while the Carer visa application is being processed.

However:

• A bridging visa is not permanent residence
• Conditions may apply
• Work rights should be checked
• International travel rights are restricted

Travelling While Waiting for Subclass 836

A Subclass 836 applicant must generally be in Australia when the visa is decided.

Applicants relying on a Bridging Visa A should therefore be particularly careful about overseas travel.

A Bridging Visa A does not itself provide the necessary right to leave and re-enter Australia.

An eligible applicant may need to obtain a Bridging Visa B before travelling.

Capping and Queueing

Carer visas are part of Australia’s Other Family visa program and are subject to capping and queueing arrangements.

The number of visas available each year is limited.

Once an application has satisfied the relevant requirements for queueing, it may remain in the queue until a visa place becomes available.

Applicants should therefore understand that Carer visas can involve substantial processing periods.

Processing Priority

Carer visas are generally given higher priority within the Other Family visa category than Remaining Relative and Aged Dependent Relative visas.

However, this does not mean that Carer visas are processed immediately.

Annual migration program limits and the number of queued applications can still result in lengthy processing.

Current Departmental queue information should be checked when assessing likely processing periods.

The Care Requirement Must Continue

A Carer visa application can remain under consideration for a significant period.

The relevant circumstances must continue to satisfy the applicable requirements at the relevant stages.

Changes can occur where:

• The person’s medical condition improves
• The care recipient dies
• Alternative care becomes available
• Another relative becomes able to provide care
• The applicant’s health changes
• The applicant can no longer provide the required care
• Family circumstances change

Relevant changes should be reported to the Department.

What Happens if the Person Requiring Care Dies?

The death of the person requiring care can have serious implications for a pending Carer visa application.

Because the visa is based on the need to provide substantial and continuing care, the basis of the application may no longer exist.

However, the precise effect depends on the circumstances and stage of the application.

Professional advice should be obtained promptly if there is a significant change in the care recipient’s circumstances.

Carer Visa vs Remaining Relative Visa

These are very different visa pathways.

Carer Visa – Subclass 116/836

The central issue is whether the applicant needs to migrate or remain in Australia to provide substantial continuing care to an eligible Australian relative or family member with a qualifying long-term medical condition who does not have reasonable access to care.

Remaining Relative Visa – Subclass 115/835

The central issue is the applicant’s family structure and whether they have relevant near relatives living outside Australia or only temporarily/unlawfully in Australia.

A Carer visa does not require the applicant to satisfy the Remaining Relative test.

Carer Visa vs Aged Dependent Relative Visa

These visas should also not be confused.

Carer Visa

Focuses on the Australian relative’s need for care.

Aged Dependent Relative Visa

Generally focuses on an older single applicant who has been financially dependent on an Australian relative for a substantial period.

The applicant’s age and financial dependency are central to an Aged Dependent Relative visa, whereas the care recipient’s medical condition and lack of reasonable care options are central to the Carer visa.

Carer Visa vs Visitor Visa

A Visitor visa may sometimes allow a relative to visit Australia temporarily to provide family support.

However, a Visitor visa:

• Is temporary
• Does not provide permanent residency
• Has different eligibility requirements
• May contain restrictions on length of stay
• Does not replace the requirements for a permanent Carer visa

Where the objective is permanent migration based on a long-term need to provide care, the Carer visa requirements must be independently satisfied.

What Does the Carer Visa Provide?

Both Subclass 116 and Subclass 836 are permanent visas.

Once granted, the visa holder can generally:

• Live in Australia permanently
• Work in Australia
• Study in Australia
• Enrol in Medicare
• Sponsor eligible relatives, subject to eligibility
• Travel to and from Australia during the initial 5-year travel facility
• Access eligible settlement services
• Apply for Australian citizenship when eligible

Common Mistakes in Carer Visa Applications

Common problems include:

• Assuming any serious illness makes a relative eligible for a Carer visa
• Relying only on a GP or specialist letter
• Failing to arrange the required Bupa medical assessment before lodgement
• Confusing the visa applicant’s health examination with the care recipient’s Bupa assessment
• Failing to establish the required level of care
• Failing to establish that the condition is sufficiently long-term
• Providing vague descriptions of the care required
• Failing to demonstrate that reasonable care is unavailable in Australia
• Simply arguing that professional care is expensive
• Ignoring other relatives who may be able to provide care
• Failing to explain why existing Australian services are insufficient
• Applicant not having a realistic understanding of the person’s medical condition
• Applicant not being physically or practically capable of providing the required care
• Weak evidence of the family relationship
• Incorrect sponsor
• Assuming an Assurance of Support is mandatory for a Carer visa
• Applying under Subclass 836 without checking current visa status
• Ignoring a No Further Stay condition
• Failing to consider previous visa refusals or cancellations
• Assuming a bridging visa provides unrestricted work and travel
• Underestimating processing and queueing periods
• Failing to notify the Department when the care recipient’s circumstances change

Typical Carer Visa Process

Step 1: Assess the relationship between the applicant and Australian relative
Step 2: Identify the person who requires care
Step 3: Review the medical condition and expected care needs
Step 4: Arrange the required Bupa Medical Visa Services Carer assessment
Step 5: Obtain the Bupa medical certificate or evidence that the assessment has commenced
Step 6: Assess whether reasonable care is available from relatives or community services in Australia
Step 7: Assess whether the applicant is willing and able to provide substantial continuing care
Step 8: Determine whether Subclass 116 or Subclass 836 is appropriate
Step 9: For onshore applicants, review current visa status, No Further Stay conditions and immigration history
Step 10: Assess sponsor eligibility
Step 11: Prepare relationship, medical, care and sponsorship evidence
Step 12: Prepare and lodge the Carer visa application and sponsorship
Step 13: Complete the applicant’s health and character requirements
Step 14: Respond to Departmental requests where required
Step 15: Progress through the applicable Other Family visa processing and queue arrangements
Step 16: Update the Department regarding relevant changes in circumstances
Step 17: Complete final assessment when a visa place becomes available
Step 18: If approved, obtain Australian permanent residency

How Melton Migration Can Assist

At Melton Migration, we can assist with:

• Subclass 116 eligibility assessments
• Subclass 836 eligibility assessments
• Initial Carer visa pathway assessment
• Bupa Carer medical assessment requirements
• Medical and care-needs evidence
• Assessment of reasonable access to care in Australia
• Evidence regarding alternative family carers
• Sponsor eligibility
• Family relationship evidence
• Onshore versus offshore strategy
• Current visa and No Further Stay condition assessment
• Previous visa refusal and cancellation issues
• Bridging visa considerations
• Applicant health and character requirements
• Including eligible family members
• Application and sponsorship preparation
• Departmental requests for further information
• Changes in the care recipient’s circumstances
• Complex Carer visa matters
• Ongoing case management

Is a Carer Visa the Right Pathway?

The key question is not simply:

“Does my relative have a serious medical condition?”

A successful Carer visa pathway generally requires several elements to work together:

Qualifying medical condition + substantial continuing care requirement + appropriate Bupa assessment + no reasonable access to the required care in Australia + eligible relative relationship + eligible sponsor + applicant willing and able to provide the care.

A weakness in any of these areas can affect the application.

For this reason, a detailed assessment of the medical condition, actual daily care needs, existing Australian care arrangements and the proposed carer’s ability to provide the required assistance should ideally occur before the visa application is lodged.

Disclaimer

This information is general information only and does not constitute immigration, medical or legal advice. Carer visa legislation, medical assessment requirements, sponsorship criteria, processing arrangements and visa procedures can change. Eligibility depends on the individual circumstances of the applicant, sponsor and person requiring care and the requirements applying at the relevant time. Appropriate professional advice should be obtained before lodging an application.

12.Aged Dependent Relative Visas – Subclasses 114 and 838

The Aged Dependent Relative visas – Subclasses 114 and 838 are permanent family visas for certain older single people who are financially dependent on an eligible relative living in Australia.

The two pathways are:

• Subclass 114 – Aged Dependent Relative Visa – generally for applicants outside Australia
• Subclass 838 – Aged Dependent Relative Visa – for applicants in Australia

Both visas provide Australian permanent residence if granted.

These visas are part of the Other Family migration category and have strict requirements relating to age, relationship status, financial dependency, sponsorship and Assurance of Support.

Subclass 114 – Aged Dependent Relative Visa

The Subclass 114 is the offshore pathway.

It allows an eligible older single person to move permanently to Australia where they have been financially dependent on an eligible relative living in Australia.

The applicant generally needs to:

• Be outside Australia when applying
• Satisfy the applicable age requirement
• Be single
• Have an eligible relative in Australia
• Demonstrate genuine financial dependency
• Have an eligible sponsor
• Obtain an Assurance of Support when requested
• Meet health requirements
• Meet character requirements
• Satisfy all other applicable visa criteria

If granted, the applicant becomes an Australian permanent resident.

Subclass 838 – Aged Dependent Relative Visa

The Subclass 838 is the onshore pathway.

It allows an eligible older single person already in Australia to remain permanently where they rely on an eligible relative in Australia for financial support.

The applicant generally needs to:

• Be in Australia when applying
• Satisfy the applicable age requirement
• Be single
• Demonstrate financial dependency on an eligible relative in Australia
• Have an eligible sponsor
• Obtain an Assurance of Support
• Meet health and character requirements
• Meet applicable onshore visa requirements
• Satisfy all other applicable criteria

The Applicant Must Be Single

A fundamental requirement is that the applicant must be single.

For these visas, this generally means the applicant must not:

• Be married
• Have a de facto partner

Applicants should therefore not assume that being financially dependent on an Australian relative is sufficient if they have a spouse or de facto partner.

A change in relationship status while the application is being processed can affect eligibility and must be disclosed.

Age Requirement

The applicant must satisfy the definition of an aged dependent relative.

This generally means being old enough to qualify by reference to the age required for the Australian Age Pension.

The precise age requirement should be checked against the legislation applying when the application is lodged.

Age should therefore be assessed before choosing between this pathway and other family visa options.

Financial Dependency – A Core Requirement

Financial dependency is one of the most important requirements for Subclasses 114 and 838.

The applicant must generally demonstrate that they have been dependent on their Australian relative for financial support for a reasonable period before applying.

Home Affairs currently indicates that this dependency is generally expected to have existed for at least 3 years before the visa application.

The dependency must be genuine and substantial.

The Australian relative should generally be providing financial support because the applicant cannot reasonably meet their basic living needs independently.

What Financial Support May Include

Evidence may include support for:

• Accommodation
• Food
• Utilities
• Medical expenses
• Clothing
• Transport
• General living costs
• Regular household expenses
• Other basic necessities

The emphasis should be on ongoing financial dependency rather than occasional gifts or discretionary payments.

Regular Support Is Important

A few isolated money transfers may not be enough to establish genuine financial dependency.

Evidence should ideally demonstrate a consistent pattern of support over time.

This may include:

• Bank transfer records
• Remittance receipts
• Bank statements
• Money-transfer records
• Rent payments
• Medical expense payments
• Utility payments
• Evidence of regular living allowances
• Financial statements
• Statutory declarations explaining the arrangements

Where cash support has been provided, the evidence may be more difficult to establish and should be carefully documented.

Dependency Must Generally Be for Basic Needs

Financial support should ordinarily relate to the applicant’s essential living requirements.

An applicant who has substantial independent income, assets or other sources of support may have difficulty establishing the required dependency.

Relevant matters may include:

• Pension income
• Employment income
• Investment income
• Rental income
• Savings
• Assets
• Financial assistance from other relatives
• Government benefits received overseas

The Department will consider the applicant’s overall financial circumstances.

Example – Potentially Strong Dependency

An older single parent has no employment income and only a small local pension.

Their daughter in Australia has paid:

• Monthly living expenses
• Rent
• Medical costs
• Utilities

for more than three years.

This may provide stronger evidence of genuine financial dependency, subject to all other requirements.

Example – Potential Problem

An applicant has substantial savings, rental properties and independent pension income but receives occasional gifts from their Australian son.

Those gifts alone may not establish that the applicant is genuinely dependent on the son for their basic financial needs.

Who Can Be the Supporting Relative?

The applicant must rely financially on an eligible relative living in Australia.

The relevant relationship should be supported with appropriate documentary evidence.

Depending on the circumstances, an eligible relative may include specified family relationships recognised under the migration legislation.

The exact relationship should be assessed before lodging the application.

Who Can Sponsor?

The applicant must have an eligible sponsor.

The sponsor will generally need to be an eligible relative who is a settled:

• Australian citizen
• Australian permanent resident, or
• Eligible New Zealand citizen

The Department must approve the sponsorship.

The sponsoring relative and the person providing the financial support will often be the same person, but the applicable requirements should be checked carefully.

The Sponsor Must Be Settled

Simply being an Australian citizen or permanent resident may not be enough.

The sponsor generally needs to be settled in Australia.

The Department may consider:

• Length of residence
• Stability of residence
• Employment
• Family circumstances
• Long-term connection to Australia

Sponsor eligibility should therefore be assessed before lodgement.

Assurance of Support

Aged Dependent Relative visas generally require an Assurance of Support (AoS) before visa grant.

The Assurance of Support is intended to reduce the likelihood that the visa holder will rely on certain Australian Government income-support payments after becoming a permanent resident.

The Department generally requests the Assurance of Support later in processing.

Who Can Provide the Assurance of Support?

The assurer does not necessarily need to be the same person as the visa sponsor.

Depending on the applicable requirements, the assurer may be:

• The sponsor
• Another eligible individual
• More than one person jointly
• An eligible organisation

The assurer must satisfy the relevant financial requirements.

A financial bond may also be required.

Subclass 114 – Offshore Requirements

The Subclass 114 is primarily an offshore visa.

Applicants should ensure they satisfy the applicable location requirements when lodging the application and at decision.

Because these visas may remain pending for many years, applicants should carefully manage travel and notify the Department of any relevant change in circumstances.

Subclass 838 – Onshore Requirements

The Subclass 838 is the onshore pathway.

The applicant must generally be in Australia at the relevant stages of the application.

Because this is an onshore visa, the applicant’s current Australian visa status is particularly important.

Bridging Visa – Subclass 838

A person who validly lodges a Subclass 838 application in Australia may generally be granted an appropriate bridging visa.

This may allow the applicant to remain lawfully in Australia after their existing substantive visa expires while the application is being processed.

However, applicants should understand that:

• A bridging visa is not permanent residence
• Work rights may be restricted
• Visa conditions can apply
• Travel rights are limited

The grant notice and VEVO should be checked carefully.

International Travel While Waiting

An applicant holding a Bridging Visa A should not assume they can leave Australia and return.

A Bridging Visa A does not provide an international travel facility.

Where travel is necessary, an eligible applicant may need to obtain a Bridging Visa B before departure.

Travel should be planned carefully because the Subclass 838 location requirements must continue to be satisfied.

No Further Stay Conditions

Applicants in Australia should check whether their existing visa contains a No Further Stay condition, including:

• Condition 8503
• Condition 8534
• Condition 8535

These conditions can restrict the ability to make another substantive visa application in Australia.

A waiver may be available only in limited circumstances.

Applicants should therefore not assume that entering Australia on a Visitor visa will necessarily allow them to lodge a Subclass 838 application.

Previous Visa Refusal or Cancellation

Previous Australian visa refusals or cancellations may also affect an applicant’s ability to lodge a valid onshore application.

This is particularly important for Subclass 838 applicants.

The applicant’s complete immigration history should be reviewed before lodgement.

Health Requirements

Applicants and relevant family members must meet Australia’s applicable health requirements.

Health examinations may include:

• Medical examination
• Chest X-ray
• Additional medical testing
• Specialist reports

As applicants are generally older, health issues can be an important aspect of this visa pathway.

Significant health conditions should be considered before substantial time and costs are committed to the application.

Character Requirements

Applicants must satisfy Australia’s character requirements.

The Department may request:

• Australian police checks
• Overseas police certificates
• Court documents
• Information regarding previous convictions
• Immigration compliance history
• Other character information

Full and accurate disclosure is important.

Government Debts

Outstanding Australian Government debts can affect visa processing.

Where relevant debts exist, applicants may need to repay them or establish acceptable repayment arrangements.

Capping and Queueing

Aged Dependent Relative visas are part of the Other Family visa program and are subject to capping and queueing.

This means the Australian Government sets a maximum number of visas that may be granted in each program year.

Once that cap is reached, eligible applications remain in the queue until places become available in a later year.

Home Affairs assesses valid Other Family applications against core criteria and assigns qualifying applications a queue date.

Very Long Processing Times

These visas have extremely long processing periods.

As at 31 May 2026, Home Affairs was releasing Aged Dependent Relative visa applications with queue dates up to 30 June 2013 for final processing.

For a new Aged Dependent Relative application, Home Affairs currently estimates a processing timeframe of approximately 22 years.

This is only an estimate and is not a guarantee of how long an individual application will take. Processing can change because of annual program allocations, application numbers, refusals, withdrawals and government policy.

Applicants should therefore regard Subclasses 114 and 838 as very long-term migration pathways.

Eligibility Must Continue During Processing

Because an application can remain pending for many years, changes in circumstances may affect eligibility.

Relevant changes can include:

• Marriage
• Entering a de facto relationship
• Changes in financial dependency
• Applicant becoming financially independent
• Sponsor’s death
• Sponsor relocating permanently overseas
• Changes in the sponsor’s immigration status
• Changes to financial support arrangements
• Significant family changes

Relevant changes should be disclosed to Home Affairs.

Aged Dependent Relative vs Parent Visa

These visas should not be confused with Parent visas.

Parent Visa

The applicant is applying because they are the parent of an eligible child in Australia.

Requirements such as the Balance of Family Test generally apply.

Aged Dependent Relative Visa

The central issue is that the applicant is:

• An older person
• Single
• Financially dependent on an eligible relative in Australia
• Sponsored by an eligible relative

The visa is therefore not limited to a conventional parent-child Parent visa pathway.

Aged Dependent Relative vs Aged Parent Visa – Subclass 804

These visas can appear similar because they both involve older applicants.

Subclass 804 – Aged Parent

• Applicant must be the parent of an eligible child
• Balance of Family Test applies
• Financial dependency is not the defining criterion
• Onshore permanent Parent visa

Subclass 838 – Aged Dependent Relative

• Applicant must be an eligible aged dependent relative
• Must be single
• Must establish financial dependency
• Assurance of Support applies
• Part of the Other Family category

The correct pathway depends on the applicant’s family relationship and financial circumstances.

Aged Dependent Relative vs Remaining Relative Visa

Remaining Relative Visa

Focuses on whether the applicant and their partner have near relatives living outside Australia or temporarily/unlawfully in Australia.

Aged Dependent Relative Visa

Focuses primarily on:

• Age
• Single status
• Relationship to the Australian relative
• Genuine long-term financial dependency

The tests are therefore fundamentally different.

Aged Dependent Relative vs Carer Visa

A Carer visa is based on the need for the applicant to provide substantial continuing care to a relative in Australia with a qualifying medical condition.

An Aged Dependent Relative visa is based on the applicant receiving financial support from an eligible Australian relative.

One visa concerns providing care; the other concerns financial dependency.

What Happens After Visa Grant?

Subclasses 114 and 838 are permanent visas.

Once granted, the visa holder can generally:

• Live in Australia indefinitely
• Work in Australia
• Study in Australia
• Enrol in Medicare
• Sponsor eligible relatives subject to applicable requirements
• Travel to and from Australia during the applicable travel facility
• Apply for Australian citizenship when eligible

Eligibility for particular Australian Government payments or benefits is subject to separate legislation and applicable waiting periods.

Common Mistakes in Aged Dependent Relative Applications

Common problems include:

• Assuming age alone establishes eligibility
• Assuming being a parent of an Australian automatically qualifies
• Applicant being married or in a de facto relationship
• Insufficient evidence of financial dependency
• Relying only on occasional gifts or money transfers
• Financial support existing for too short a period
• Applicant having substantial independent income or assets
• Failing to document at least the relevant period of financial support
• Weak evidence of the family relationship
• Sponsor not satisfying the settled requirement
• Choosing the wrong subclass
• Attempting to lodge Subclass 838 without checking current visa conditions
• Ignoring a No Further Stay condition
• Failing to consider previous visa refusals or cancellations
• Assuming a bridging visa provides unrestricted work and travel
• Failing to obtain an Assurance of Support when requested
• Underestimating the extremely long processing period
• Failing to notify the Department after marriage or commencement of a de facto relationship
• Failing to notify changes in financial dependency
• Assuming eligibility at lodgement guarantees eligibility decades later

Typical Aged Dependent Relative Visa Process

Step 1: Assess the applicant’s age
Step 2: Confirm the applicant is single
Step 3: Identify the eligible Australian relative
Step 4: Assess sponsor eligibility and settled status
Step 5: Review at least the relevant period of financial dependency
Step 6: Collect bank transfers and evidence of living-cost support
Step 7: Review the applicant’s independent income, assets and other support
Step 8: Determine whether Subclass 114 or 838 is appropriate
Step 9: For Subclass 838, review current visa conditions and immigration history
Step 10: Prepare identity, relationship, dependency and sponsorship evidence
Step 11: Lodge the visa and sponsorship application
Step 12: Complete the initial Departmental assessment and queue process
Step 13: Maintain and retain evidence of ongoing circumstances during the waiting period
Step 14: Keep the Department informed of relevant changes
Step 15: Complete updated health and character requirements when requested
Step 16: Arrange the Assurance of Support when requested
Step 17: Complete final visa assessment when the application is released from the queue
Step 18: If approved, obtain Australian permanent residency

How Melton Migration Can Assist

At Melton Migration, we can assist with:

• Subclass 114 eligibility assessments
• Subclass 838 eligibility assessments
• Age eligibility assessment
• Single-status assessment
• Financial dependency analysis
• Review of long-term financial support
• Bank-transfer and financial evidence
• Sponsor eligibility and settled-status assessment
• Family relationship evidence
• Assurance of Support guidance
• Onshore versus offshore pathway assessment
• Current visa and No Further Stay condition assessment
• Previous visa refusal and cancellation issues
• Bridging visa considerations
• Health and character matters
• Application and sponsorship preparation
• Changes in circumstances during long processing periods
• Responses to Departmental requests
• Complex OtheFederal Court Appeals – Melton Migrationr Family matters
• Ongoing case management

Is an Aged Dependent Relative Visa the Right Pathway?

These visas are highly specialised.

The key issue is not simply whether an older family member wants to live with relatives in Australia.

A viable application generally requires:

Eligible age + single status + qualifying Australian relative + genuine long-term financial dependency + eligible sponsorship + Assurance of Support + health and character compliance.

The current estimated processing period is also exceptionally long.

For this reason, applicants should compare the Aged Dependent Relative pathway with other potentially relevant visa options before committing to an application.

Disclaimer

This information is general information only and does not constitute immigration or legal advice. Aged Dependent Relative visa legislation, age requirements, dependency requirements, sponsorship criteria, Assurance of Support requirements, queue dates and processing estimates can change. Eligibility depends on the individual circumstances of the applicant and sponsor and the law applying at the relevant time. Applicants should obtain advice relevant to their circumstances before lodging an application.