Partner & Family Visas

No, marriage is not a requirement. Australian Partner visa pathways are available to both married couples and de facto partners (including same-sex relationships).Depending on your relationship status, different criteria apply:Married Couples: Your marriage must be valid under Australian law. Generally, marriages solemnised overseas are recognised as long as they would be legal under Australian law.De Facto Partners: You generally need to demonstrate that you have been in a committed, exclusive relationship for at least 12 months immediately prior to lodging your application.Note: The 12-month de facto requirement can sometimes be waived or reduced through state/territory relationship registration, or under specific compassionate and compelling circumstances.

The Balance of Family test is a core statutory requirement for Australian parent visa applicants. It is designed to determine whether a parent has closer ties to Australia than to any other single overseas country by evaluating where their children live.How It WorksTo meet the test, an applicant must satisfy at least one of the following conditions:The Greater-Number Rule: At least half of the applicant’s total children and stepchildren are usual residents of Australia; ORThe Plurality Rule: More of the applicant's children and stepchildren are usual residents of Australia than are usual residents of any other single overseas country. Who Is Counted?Every single child of the applicant and their partner (including stepchildren, adopted children, and children from previous relationships) must be accounted for. This includes:Children who are Australian citizens, permanent residents, or eligible New Zealand citizens.Children living overseas, whether they are adults, minors, independent, or dependent.Note: If an applicant has, for example, 4 children total 2 living in Australia, 1 living in the UK, and 1 living in Canada, they pass the test because Australia holds the highest single plurality (2 children versus 1 in each other country).

Yes. You can apply onshore through the Subclass 820/801 pathway, provided you hold a valid substantive visa without a "No Further Stay" condition.   If you do not hold a valid visa, you can still apply, but you must meet strict Schedule 3 criteria (compelling and compassionate reasons).

The Subclass 300 visa is a temporary visa for individuals outside Australia who plan to travel to Australia to marry their Australian citizen, permanent resident, or eligible New Zealand citizen fiancé(e).It is valid for 9 to 15 months, during which you must marry your partner in Australia. Once married, you can apply for an onshore Partner visa (Subclass 820/801) from within Australia.

To prove a genuine and continuing relationship, the Department of Home Affairs requires evidence across four key pillars:Financial Aspects: Joint bank accounts, shared bills, shared lease or mortgage, and shared assets or liabilities. Nature of the Household: Joint responsibility for housework, mail addressed to both partners at the same address, and household bills or utility accounts in both names. Social Aspects: Statements from friends and family (Form 888), joint invitations, joint social outings, travel together, and proof of public recognition as a couple. Nature of Commitment: Wills, evidence of emotional support, shared future plans, and correspondence showing your mutual commitment.

Yes. Eligible Australian citizens, permanent residents, or eligible New Zealand citizens can sponsor their parents through temporary or permanent visa pathways.Options include permanent contributory and non-contributory visas (which generally require the Balance of Family test) or the temporary Sponsored Parent (Subclass 870) visa (which does not require the Balance of Family test).

Disclaimer: Processing times are subject to frequent change by the Department of Home Affairs and depend heavily on individual application quality. Partner Visas: Typically range between 1 to 2 years for the initial temporary stage, with permanent residency assessed about two years after lodgement. Contributory Parent Visas: Currently estimated by the Department to take around 15 years due to high demand and capping. Non-Contributory Parent Visas: Face extensive queues estimated at over 30 years. Temporary Sponsored Parent (Subclass 870): Processed much faster as it sits outside the permanent parent queue.