Family stream
Overview
The family stream allows Australian citizens, permanent residents, and eligible New Zealand citizens to sponsor close family members for permanent residence. The main categories are partner, child, parent, and other family. Each category has its own visa subclass and criteria.
The family stream is the second largest component of the annual migration program, after the skill stream. Family stream visas are generally permanent, with most partner visa pathways involving a temporary stage followed by a permanent stage.
Eligibility
Partner visas
Partner visas are available to the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen. Two pathways exist:
- Onshore pathway (Subclasses 820 and 801) — for applicants who are in Australia at the time of application; the applicant receives the temporary Subclass 820 first, then the permanent Subclass 801 after the required period has elapsed
- Offshore pathway (Subclasses 309 and 100) — for applicants outside Australia; the temporary Subclass 309 is granted first, then the permanent Subclass 100
The partner visa requires evidence of a genuine and continuing relationship. The sponsor must be an Australian citizen or permanent resident (or eligible New Zealand citizen) who is at least 18 years old and is not in a prohibited relationship with the applicant.
Child visas
Child visas are available for dependent children of Australian citizens, permanent residents, and eligible New Zealand citizens. The Subclass 101 (Child) and Subclass 802 (Child) are the primary onshore and offshore subclasses. Adopted children and stepchildren may also be eligible under specific subclasses.
Parent visas
Parent visas are available for parents of Australian citizens and permanent residents who pass the balance of family test — more of their children must be settled in Australia than in any other single country. The main subclasses are Subclass 103 (Parent) and Subclass 143 (Contributory Parent). The Contributory Parent visa has significantly shorter processing times but requires a higher visa application charge.
Other family visas
Other family stream subclasses include: Subclass 114/838 (Aged Dependent Relative), Subclass 115/835 (Remaining Relative), Subclass 116/836 (Carer — for relatives who provide care to an Australian with a disability), and Subclass 117/837 (Orphan Relative).
Selection criteria
Family stream visas are not points-tested. Each application is assessed on its own merits against the criteria for the applicable visa subclass. The key criteria across most family stream visas are:
- Relationship genuineness — for partner visas, the relationship must be genuine and continuing. Decision-makers assess shared finances, shared household, social recognition, and mutual commitment.
- Sponsor eligibility — the sponsor must meet the relevant sponsorship criteria, including age requirements, no previous adverse sponsorship history, and no outstanding obligations from a previously sponsored person.
- Health requirements — the applicant and secondary applicants must meet health criteria.
- Character requirements — the character test applies to all family stream applicants.
- Balance of family test — for parent visas only.
Application process
Partner visa (onshore, Subclasses 820/801)
- The Australian sponsor lodges a sponsorship application (or it is lodged concurrently with the visa application).
- The applicant and sponsor lodge the combined Subclass 820/801 application online via ImmiAccount. Both stages are applied for in one application.
- The Department assesses the Subclass 820 stage first. If approved, the temporary visa is granted.
- After the required period (generally two years from the date of application, or immediately if the couple has been together for three or more years), the Department assesses the Subclass 801 permanent stage.
- If the relationship has ended due to family violence during the processing period, the applicant may still be eligible for the permanent visa under the family violence provisions.
Processing times
Partner visa processing times vary significantly. The Department publishes current processing time estimates on the Home Affairs website. Parent visa processing times are measured in years — the Subclass 103 queue is especially long. Contributory parent visas (Subclass 143) have shorter processing times.
Related programs
Notes
Sponsorship limits apply to some family stream visas. A person may only sponsor a limited number of partners or prospective spouses over their lifetime. Sponsors who have previously had a visa refused or cancelled on the basis of family violence or child abuse are generally not eligible to sponsor again.
Family violence provisions protect applicants whose relationships end due to family violence during the processing period. Evidence of family violence (court orders, statutory declarations, assessments) must be provided.
The family stream does not include a visa for siblings of Australian citizens — there is no sibling visa in the Australian migration program.