General information only, not legal advice. Immigration law changes; contact Onside for advice about your circumstances.
Family and Visitor Visas in Australia
For many families, bringing parents, children or other relatives to Australia involves more than simply choosing a visa and completing an application.
Australia has a range of family and visitor visa pathways, and the appropriate option will depend on factors such as the relationship between the applicant and sponsor, the applicant's age, where they are located, their immigration history and whether the intention is to visit Australia temporarily or live here permanently.
At Onside Immigration Lawyers, we assist with a wide range of family and visitor visa applications, including applications involving previous visa refusals, complicated immigration histories, health or character issues and other circumstances requiring careful consideration.
Visitor Visas for Family and Parents
The Visitor visa (subclass 600) can allow family members, including parents and other relatives, to visit Australia temporarily.
A successful visitor visa application generally requires careful consideration of the applicant's circumstances, including their financial position, employment or other commitments, family and social ties, travel history and reasons for travelling to Australia.
Where an applicant has previously had a visa refused, has limited travel history, has significant family connections in Australia or has other circumstances that may raise questions about their intention to remain temporarily, the application may require more detailed evidence and explanation.
Our lawyers assist with Visitor visa applications where the circumstances require more than a standard application, including applications following previous visa refusals.
Parent Visas Australia
Australia has several visa pathways for parents of settled Australian citizens, Australian permanent residents and eligible New Zealand citizens.
Depending on the circumstances, options can include:
- Parent visa (subclass 103)
- Contributory Parent visa (subclass 143)
- Contributory Parent (Temporary) visa (subclass 173)
- Aged Parent visa (subclass 804)
- Contributory Aged Parent (Temporary) visa (subclass 884)
- Contributory Aged Parent visa (subclass 864)
- Sponsored Parent (Temporary) visa (subclass 870)
Parent visa applications can involve issues such as the balance of family test, age requirements, sponsorship, health and character requirements, assurance of support and the applicant's immigration history.
Permanent Parent visa places are limited and Parent visa applications are subject to capping and queueing. As a result, processing periods can be very lengthy.
Parents Already in Australia
For an older parent who is already in Australia, an Aged Parent visa (subclass 804) or a Contributory Aged Parent (subclass 864) pathway may potentially be relevant, depending on the parent's circumstances and whether all applicable requirements are met.
The conditions attached to the parent's current visa are also important. In particular, you should check whether the visa contains a No Further Stay condition or another condition that may affect the ability to make a further visa application in Australia.
Obtaining advice before the current visa expires or before the parent leaves Australia can be important because the timing and location of an application may affect the available options.
Sponsored Parent Temporary Visa (Subclass 870)
The Sponsored Parent (Temporary) visa (subclass 870) provides another option for eligible parents who want to spend an extended period with their family in Australia without applying for a permanent Parent visa.
The subclass 870 can allow an eligible parent to visit Australia for up to 3 or 5 years, subject to the visa requirements and the period granted. The sponsoring child must generally be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
For some families, a temporary parent visa may be more appropriate than pursuing a permanent Parent visa immediately. The appropriate pathway depends on the family's circumstances, the parent's objectives and the requirements of the relevant visa.
Child Visas Australia
Family migration also provides pathways for children to live permanently in Australia with an Australian citizen, permanent resident or eligible New Zealand citizen parent.
Depending on the circumstances, relevant visas include:
- Child visa (subclass 101): generally for a child outside Australia;
- Child visa (subclass 802): for a child in Australia;
- Adoption visa (subclass 102): for certain children adopted outside Australia;
- Orphan Relative visa (subclass 117): for an eligible child outside Australia who has no parent able to care for them; and
- Orphan Relative visa (subclass 837): for an eligible child already in Australia.
There is also a Dependent Child visa (subclass 445) in certain circumstances where a child needs to remain in Australia while their parent's permanent Partner visa application is being processed.
Child visa applications can involve important issues concerning dependency, parental responsibility, consent, custody and the child's circumstances. Where there are complex family circumstances or questions about a child's eligibility, obtaining advice before lodging can help identify the appropriate pathway and evidence.
Remaining Relative and Other Family Visas
Not all family relationships fit within the Partner, Parent or Child visa categories.
Australia also has Other Family visas for certain relatives of settled Australian citizens, Australian permanent residents and eligible New Zealand citizens. These include:
- Remaining Relative visa (subclass 115): for eligible applicants seeking to live in Australia with their only close family members;
- Remaining Relative visa (subclass 835): for eligible applicants already in Australia;
- Carer visa (subclass 116 or 836): for certain applicants who need to provide ongoing care to an Australian relative;
- Aged Dependent Relative visa (subclass 114 or 838): for certain older relatives who are financially dependent on an eligible relative in Australia.
These visas have particularly specific eligibility requirements and are subject to capping and queueing. The Department currently notes that demand for Other Family visas is significantly greater than the number of places available, meaning processing can be very lengthy.
For this reason, it is important to assess eligibility carefully before lodging another Family visa application and to understand the likely implications of the relevant visa pathway.
When a Family or Visitor Visa Has Been Refused Before
A previous visa refusal does not necessarily mean that a future visa application cannot succeed. However, the reasons for the previous refusal should be carefully considered before making another application.
Depending on the circumstances, this may involve addressing concerns about genuine temporary stay, financial circumstances, family or economic ties, health, character, documentation or information provided in the previous application.
Simply submitting another application without addressing the issues identified in the previous decision may not resolve the underlying concerns.
At Onside Immigration Lawyers, we review previous visa decisions and immigration history to determine what issues need to be addressed, what evidence may be required for a new application and whether an alternative pathway would be more strategically appropriate.
Choosing the Right Family Visa Pathway
There can sometimes be more than one potential pathway for a family member to come to Australia.
For example, a parent may be considering a Visitor visa, Sponsored Parent (Temporary) visa or permanent Parent visa. An older parent who is already in Australia may also need advice about whether an Aged Parent or Contributory Aged Parent pathway could be available.
Similarly, the appropriate pathway for a child or other relative can depend on where the applicant is located, their age, their relationship to the sponsor and their individual circumstances.
Choosing the appropriate visa pathway at the beginning can help avoid unnecessary applications, costs and delays.
How Onside Immigration Lawyers Can Help
At Onside Immigration Lawyers, we assist with a broad range of family and visitor visa matters, including:
- Visitor visas (subclass 600)
- Parent visas, including subclasses 103, 143, 173, 804, 864 and 884
- Sponsored Parent (Temporary) visas (subclass 870)
- Child visas, including subclasses 101 and 802
- Adoption and Orphan Relative visas
- Remaining Relative, Carer and Aged Dependent Relative visas
- Applications involving previous visa refusals
- Applications involving health or character considerations
- Complex immigration histories
- Advice about temporary versus permanent family visa pathways
Our experienced immigration lawyers assess your circumstances as a whole, identify the visa pathways that may be available and provide tailored advice about the requirements, evidence and strategy for your application.
If you are considering bringing a parent, child or other family member to Australia, or you are unsure whether a Visitor visa or longer-term family visa is the appropriate pathway, obtaining advice before lodging an application can help you understand your options.
Contact Onside Immigration Lawyers to discuss your family or visitor visa options.