Family Visa

Partner Visas (Subclass 300,309/100,820/801)

Prospective Marriage Visa (Subclass 300)

The Prospective Marriage Visa (Subclass 300), also known as the “fiancé visa,” permits an engaged individual who is outside Australia to enter the country, marry their prospective spouse (who is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen), and then apply for a Permanent/Temporary Partner visa.

• You are required to apply while outside Australia (i.e. you must be offshore at time of decision)

• Prospective Marriage Visa will provide you a certain period, giving time for the marriage ceremony and preparation of the Partner visa application.

• After marriage, you must lodge a Partner visa (onshore) such as subclass 820/801.

• You must meet health, character and sponsor requirements.

• The Department will assess whether the relationship is genuine and continuing.

Temporary Partner Visa (Subclass 309/820)

• Subclass 820/309 are temporary partner visas.

• These visas grant temporary residence while the Department of Home Affairs assesses the genuineness of the relationship and other eligibility criteria.

• Holders of temporary partner visas can live, work, and study in Australia.

• After a waiting period (usually about two years from the initial application), applicants may become eligible for the permanent visa stage.

Permanent Partner Visas

• Subclass 801/100 are permanent partner visas.

• These visas provide permanent residency once the Department is satisfied the relationship is genuine and ongoing, and all other health and character requirements are met.

• Permanent partner visa holders can live, work, and access most government benefits in Australia.

At Eximius Lawyers, we understand that securing a partner visa is not just a legal hurdle — it’s an emotional journey. Whether you are planning to marry under the Prospective Marriage (Subclass 300) visa, applying onshore via Subclass 820/801, or navigating the offshore partner route (Subclass 309/100), our dedicated team of migration lawyers is here to guide you every step of the way.

We prioritise a personalised, strategic approach:

• We begin with a careful assessment of your relationship history, timelines and circumstances.

• We help you gather and present compelling evidence to satisfy the Department’s stringent “genuine and continuing relationship” test.

• We review your eligibility across health, character, sponsorship and other legal requirements.

• If your case already has some complications such as breakdowns, sponsor withdrawal, or visa refusals, we advocate for you through merits review, appeals, or discretionary relief.

Our firm stays up to date with legislative changes and Departmental policy shifts, ensuring your application is optimally positioned for success. Contact us today for a consultation and let us help bring your partner home.

Parent Visas

Australia offers several types of parent visas for Australian citizens, permanent residents, or eligible New Zealand citizens who wish to bring their parents to live in Australia.

• Sponsored Parent (Temporary) Visa (Subclass 870 )

  • Allows parents to live in Australia temporarily for up to 3 or 5 years at a time, for a maximum of 10 years.

  • Does not lead to permanent residency.

  • Requires a sponsor (child) to be an Australian citizen, PR, or eligible NZ citizen.

  • No Balance of Family test required.

  • No work rights, and high application and renewal costs.

• Aged Parent Visa (Permanent) (Subclass 804)

  • For parents old enough to receive the Age Pension in Australia.

  • Must meet the Balance of Family test (at least half of the children must live in Australia).

  • Long processing time.

• Subclass 103 – Parent Visa (Permanent)

  • Standard permanent visa for parents of Australian residents.

  • Must meet the Balance of Family test.

  • Very long wait times (can exceed 30 years).

  • Lower cost compared to contributory options.

• Subclass 864 – Contributory Aged Parent Visa (Permanent)

  • For aged parents who meet the Balance of Family test.

  • Significantly faster processing time.

  • Higher cost.

• Subclass 143 – Contributory Parent Visa (Permanent)

  • Similar to Subclass 864 but for parents of any age (usually applied offshore).

  • Also faster than non-contributory visas.

  • High visa application fee and Assurance of Support required.

• Subclass 173/884 – Contributory Parent Visa (Temporary)

  • Temporary visa options (2 years) that allow a two-stage pathway to permanent residency via subclass 143/864.

  • Spreads the cost over time.

COMmon Challenges in Parent Visa Processing

• Long processing times, especially for non-contributory visas (often decades).

• High financial cost for contributory visas.

• Strict eligibility criteria such as:

  • Balance of Family test.

  • Assurance of Support requirements.

  • Age and health criteria (especially for aged parent visas).

• Cap and queue system: Parent visas are capped annually, creating long waiting queues.

• Difficulty understanding the complex visa subclass structure and timing strategy.

• Risk of application refusal due to errors, incomplete documentation, or incorrect sponsorship.

Applying for a parent visa in Australia can be a complex and time-consuming process, especially with changing policies and long queues. While the options exist for both temporary and permanent stay, the guidance of an experienced immigration lawyer is invaluable in ensuring a smooth, well-timed, and compliant application process. Contact us today to book your consultation!

Child Visas

• Subclass 101 – Child Visa (Offshore)

  • For children outside Australia to migrate and live permanently.

  • Child must be:

    • Under 18, or

    • A full-time student aged 18–25, and

    • Financially dependent on the parent.

  • Can also be granted to adopted children in certain cases.

  • Sponsorship required by the parent.

• Subclass 802 – Child Visa (Onshore)

  • Similar to Subclass 101 but for children inside Australia.

  • Offers permanent residency.

  • Same age and dependency criteria as Subclass 101.

• Subclass 445 – Dependent Child Visa (Temporary)

  • Temporary visa for children whose parent holds a temporary partner visa (309 or 820).

  • Allows the child to stay in Australia until the parent’s permanent partner visa (100 or 801) is decided.

  • Once the parent is granted PR, the child can be included in that application.

• Adoption Visa (Subclass 102)

  • For children adopted from overseas by an Australian citizen or PR.

  • Strict legal requirements under both Australian and foreign adoption laws.

  • Must be under 18 years at the time of adoption.

• Orphan Relative Visa (Subclass 117 – offshore / 837 – onshore)

  • For children whose parents are deceased, permanently incapacitated, or whose whereabouts are unknown.

  • Sponsored by a relative in Australia.

  • Offers permanent residency.

Child visas are a compassionate yet legally complex area of Australian immigration law. Each case requires careful assessment of the child's age, dependency, legal status, and parental rights. Working with an experienced immigration lawyer can significantly reduce the stress, uncertainty, and delays in the process helping reunite families in Australia more efficiently and lawfully. Book a consultation today!