Reunite Your Family in Australia

It depends on which family visa is granted:

• Child visas (Subclass 802 and 101): full work and study rights, so your child can enrol in school or university and work in Australia.
• Contributory Parent Visa (Subclass 143): permanent residence, so your parents can work, study and access Medicare.
• Sponsored Parent (Temporary) Visa (Subclass 870): no work rights in Australia. Your parents can stay with family and travel in and out of the country, and must hold adequate Australian health insurance for the whole visa period.

We will explain exactly what rights each option gives your family before you commit to a pathway.

Character requirements for family visa sponsors are taken seriously, whether you are sponsoring a child or a parent. While minor offences might not automatically disqualify you, significant criminal history or character concerns could hinder your ability to sponsor.

Parent sponsorship is assessed more formally again. The Subclass 870 requires an approved Parent Sponsor, and that sponsorship application is decided before the visa application can be lodged. Permanent parent visas such as the Subclass 143 generally require an Assurance of Support.

If you have any character-related concerns, it is crucial to seek immediate legal advice from a qualified migration lawyer. They will assess your specific circumstances and advise whether you meet sponsorship eligibility and what options might be available to address potential issues.

No, you do not need to pay the entire cost upfront. Here is a typical breakdown:

Government Lodgement Fees: These fees are due within five days of your application being lodged.

Parent visas are charged in stages. The Subclass 870 has a separate sponsorship application fee before the visa application fee, and the Subclass 143 is charged in two instalments, with the much larger second instalment payable years later, shortly before the visa is granted.

Professional Fees: Our firm generally requires payment of professional fees upon signing the services agreement. This ensures we can dedicate the necessary resources to your case.

Payment Methods: We accept credit cards for both government and professional fees (note that a 1.40% surcharge applies to credit card payments for government fees).

The overall process involves two stages:

Preparation Time: The timeframe for gathering evidence, completing forms and preparing your application typically ranges from 1 to 3 months. However, our firm can expedite the process for urgent cases.

Department of Home Affairs Processing Time: This varies a great deal between subclasses. Child visas are decided in the ordinary queue. The Subclass 870 requires an approved Parent Sponsor before the visa application can even be lodged, which adds a step at the front of the process. Permanent parent visas such as the Subclass 143 are capped and queued, so waiting periods are measured in years rather than months.

Please visit the Australian Government Department of Home Affairs website to monitor current processing times for your subclass.

While it is technically possible to lodge a family visa application on your own, it is strongly recommended to engage a qualified migration lawyer or registered agent. Family visa regulations are complex, and expert guidance significantly increases your chances of success.

Here is why seeking professional help is crucial:

Avoiding costly mistakes: Seemingly minor errors can lead to refusals and delays. Professionals ensure your application is complete, accurate, and persuasive.

Limited options after refusal: If you receive a refusal, you have a very short window to respond. Engaging a lawyer proactively gives you the best chance of a positive outcome.

Navigating complex situations: If custody arrangements, separated parents, the balance of family test, sponsorship approval, an Assurance of Support or character background present any complexities, a lawyer will develop strategies to address these potential issues.

Here's a list of common requirements and considerations. Please note that specific requirements can vary depending on the visa subclass:

• Child's age (under 18, or 18-25 studying full-time, or over 18 with disability)
• Child's dependency on sponsor
• Sponsor's status (Australian citizen, PR, or eligible NZ citizen)
• Application fee
• Genuine parent-child relationship
• Good character
• Health requirements
• Custody arrangements documented
• Proof of financial support
• Child not married or in de facto relationship
• Prior visa refusals

Always consult the official Australian Government Department of Home Affairs website and consider seeking professional advice from a migration lawyer for the most accurate information tailored to your situation.

Requirements differ between the temporary and permanent parent visas, but the common threads are:

• Relationship: you must be the parent of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
• Sponsorship: the Subclass 870 requires a formally approved Parent Sponsor before the visa application can be lodged, while permanent parent visas require a sponsor and generally an Assurance of Support.
• Balance of family test: permanent parent visas such as the Subclass 143 require at least half of your children to live permanently in Australia, or more of them to live in Australia than in any other single country. This test does not apply to the Subclass 870.
• Health and character: all applicants must meet the health and character requirements.
• Health insurance: Subclass 870 applicants must hold adequate Australian health insurance for the whole visa period.
• No outstanding debt to the Australian Government.

Always check the Department of Home Affairs website and seek advice tailored to your circumstances.

They are very different pathways.

Subclass 870 Sponsored Parent (Temporary) Visa:

• Temporary only, with stays of up to 3 or 5 years per visa and a cumulative maximum of 10 years.
• Requires an approved Parent Sponsor who passes an income test.
• No balance of family test.
• No work rights and no Medicare access.
• Australian health insurance must be held for the whole visa period.

Subclass 143 Contributory Parent Visa:

• Grants permanent residence, with work rights and Medicare access.
• The balance of family test applies.
• Capped and queued, so waiting periods are long.
• Charged in two instalments, with a substantial second instalment payable before the visa is granted.

Importantly, you cannot apply for a permanent or temporary parent visa while you have applied for, or hold, a Subclass 870 visa. Choosing the right pathway at the outset matters.

A parent visa sponsor must generally be:

• An Australian citizen, Australian permanent resident or eligible New Zealand citizen.
• Settled in Australia, which usually means lawfully resident here for at least two years.
• At least 18 years old, or otherwise supported by another eligible sponsor.
• Able to provide support, accommodation and financial help to the parent, particularly in the first two years.

For the Subclass 870 there is an extra step: the sponsor must apply separately to become an approved Parent Sponsor, pass an income test, and be approved before the visa application can be lodged.

For permanent parent visas, an Assurance of Support is generally required. This is a formal financial commitment backed by a bond.

We regularly advise on sponsorship eligibility before anything is lodged, which avoids wasted charges and lost time.