Family Sponsorship

Source: Migration Act 1958 (Cth); Migration Regulations 1994; subclass 820/801 (onshore partner), subclass 309/100 (offshore partner), subclass 143/864 (Contributory Parent), subclass 103 (Parent)

Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

Australian Federal Law

What is this right?

Australian citizens, permanent residents, and eligible New Zealand citizens can sponsor family members for migration. The main family visa streams cover partners, children, and parents.

Partner Visas:

  • Subclass 820/801 (onshore): Apply while in Australia. You first receive a temporary visa (820), then a permanent visa (801) after approximately 2 years if the relationship remains genuine. Application fee is approximately $8,850.
  • Subclass 309/100 (offshore): Apply from outside Australia. Same two-stage process. Fee is approximately $8,850.
  • You must prove your relationship is genuine and continuing across four criteria: financial, household, social, and commitment aspects.
  • Both married and de facto partners (including same-sex couples) are eligible. De facto relationships must have existed for at least 12 months.

Parent Visas:

  • Subclass 143 (Contributory Parent): Costs approximately $49,440 in combined application and contribution charges but processes in around 12 to 24 months.
  • Subclass 103 (Parent): Much cheaper at approximately $4,990 but has a wait time of 30+ years due to the capped queue.
  • Parents must meet the balance of family test — at least half their children must be settled in Australia.

Child Visas: Subclass 101 (offshore) or 802 (onshore) for dependent children under 18, or dependent children aged 18 to 25 who are full-time students.

When does it apply?

  • You are the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen.
  • You are the parent of a settled Australian citizen or permanent resident and meet the balance of family test.
  • You are a dependent child under 18 (or under 25 if a full-time student) of an Australian citizen or permanent resident.
  • Your sponsor meets the character and sponsorship requirements — sponsors with family violence convictions may be barred.

What should you do?

  • Gather extensive relationship evidence for partner visas — joint bank statements, lease or mortgage documents, photos, travel records, statutory declarations from friends and family, and communication logs.
  • Budget carefully for parent visas — the Contributory Parent visa involves a second-stage charge of approximately $43,600 per parent on top of the initial application fee.
  • Lodge the sponsor application simultaneously with the visa application — they are processed together.
  • Respond quickly to Department requests for additional information — delays in responding can extend processing times.
  • Consider the Contributory Parent visa if timing matters — the standard Parent visa (subclass 103) queue is measured in decades.

What should you NOT do?

  • Don't enter a sham relationship to obtain a visa — this is a criminal offence carrying up to 10 years imprisonment.
  • Don't submit fabricated documents — the Department uses forensic document analysis and will refuse applications with fraudulent evidence.
  • Don't leave Australia on a Bridging Visa A without first obtaining a Bridging Visa B — you cannot re-enter without it.
  • Don't assume processing will be fast — partner visa processing currently takes 7 to 26 months depending on the stream and complexity.
  • Don't withdraw an application impulsively — visa application fees are non-refundable.

Common Questions

When does family sponsorship apply?

You are the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen.You are the parent of a settled Australian citizen or permanent resident and meet the balance of family test.You are a dependent child under 18 (or under 25 if a full-time student) of an Australian citizen or permanent resident.Your sponsor meets the character and sponsorship requirements — sponsors with family violence convictions may be barred.

What should I do about family sponsorship?

Gather extensive relationship evidence for partner visas — joint bank statements, lease or mortgage documents, photos, travel records, statutory declarations from friends and family, and communication logs.Budget carefully for parent visas — the Contributory Parent visa involves a second-stage charge of approximately $43,600 per parent on top of the initial application fee.Lodge the sponsor application simultaneously with the visa application — they are processed together.Respond quickly to Department requests for additional information — delays in responding can extend processing times.Consid...

What mistakes should I avoid with family sponsorship?

Don't enter a sham relationship to obtain a visa — this is a criminal offence carrying up to 10 years imprisonment.Don't submit fabricated documents — the Department uses forensic document analysis and will refuse applications with fraudulent evidence.Don't leave Australia on a Bridging Visa A without first obtaining a Bridging Visa B — you cannot re-enter without it.Don't assume processing will be fast — partner visa processing currently takes 7 to 26 months depending on the stream and complexity.Don't withdraw an application impulsively — visa application fees are non-refundable.

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