Personal Visas and Citizenship

Do you need help with understanding the personal visas available in Australia? LegalVision can assist if you want: 

• to stay with a partner; 
• to come to Australia to study;
• a family visa; or 
• assistance with a review of a refused visa application. 

Below, we set out some types of personal visas in Australia.

Partner Visas

A range of personal visas may be available in Australia if your partner is an Australian citizen, permanent resident or eligible New Zealand citizen.

Prospective Marriage (Subclass 300) (Offshore) Visa 

This visa is for those who plan to marry an Australian citizen, permanent resident or eligible New Zealand citizen. You can apply for a prospective marriage visa, which allows you entry into Australia for up to nine to 15 months. During that period, you will need to finalise your marriage and apply for a Partner (Subclass 820/801) onshore visa.

Partner (Subclass 820/801) (Onshore) Visa 

When you apply for a Partner visa, you will initially receive the Subclass 820 temporary visa. Accordingly, this will permit you to work, study, live, travel and obtain Medicare benefits. After two years, you will receive the Subclass 801 permanent visa after meeting certain requirements. Generally, the couple must demonstrate they are in a genuine relationship.

Partner (Subclass 309/100) (Offshore) Visa

This operates like the Partner (Subclass 820/801) (onshore) visa, except that the applicant is outside Australia at the time of application.

Parent Visas

Parents with half their children living permanently in Australia may be eligible for a Parent visa either on a temporary or permanent basis, by applying to one of these visas:

1. Parent Visa (Subclass 103;)
2. Contributory Parent (Temporary) Visa (Subclass 173);
3. Contributory Parent Visa (Subclass 143);
4. Aged Parent Visa (Subclass 804);
5. Contributory Aged Parent (Temporary) Visa (Subclass 884);
6. Contributory Aged Parent Visa (Subclass 864); and
7. Sponsored Parent (Temporary) Visa (Subclass 870).

Student Visas

Student (Subclass 500) Visa

To be eligible, you must first receive acceptance to an educational institution and enrol in full-time study. Furthermore, you must be a genuine and temporary entrant and have proficient levels of English to study your course. Additionally, you must: 

• have sufficient funds;
• have appropriate health cover; and 
• pass health and character requirements.

Temporary Graduate (Subclass 485) Visa

To be eligible for a Temporary Graduate visa, you must be an international student who: 

• has graduated from an Australian tertiary institution after two years of study; and 
• wishes to remain in the country temporarily for further study or work.

Student Guardian (Subclass 590) Visa

This visa allows the guardian of an international student under 18 to stay in Australia. To be eligible, you must be accepted into the educational institution and enrol in full-time study. Additionally, you must: 

• be a genuine and temporary entrant; 
• have proficient levels of English to study your course;
• have sufficient funds and appropriate health cover; and 
• pass health and character requirements. 

Also, you cannot bring family members younger than six except under certain circumstances.

Child Visas

Child (Permanent) (Subclass 802/Subclass 101) Visas 

Subclass 802 is for applicants in Australia and Subclass 101 is for applicants outside Australia. The parent (Australian or New Zealand citizen) must sponsor the child. Furthermore, the child must be:

• younger than 18 years old; or 
• a student between 18-25 years old, if they are the biological or adopted or step-child of the sponsoring parent.

Dependent Child Visa (Subclass 445)

If the sponsoring parent is on a temporary partner visa and did not include their dependent child in their application, they can apply for a subclass 445 for the child.

Adoption Visa (Permanent) (Subclass 102)

A child must be adopted or in the process of being adopted by a sponsoring parent who is either: 

• an Australian Citizen; 
• a Permanent Resident; or 
• an eligible New Zealand Citizen.

Orphan Relative (Permanent) (Subclass 837/117)

This visa permits a relative to permanently sponsor an orphaned child to live in Australia. Subclass 837 is for when the child is in Australia. Subclass 117 is for when the child is outside Australia. The orphaned child must be under 18, and the sponsoring relative must be either the brother, sister, grandparent, aunt, uncle or step-equivalent of the child (and above 18 years of age).

Other Family Visas

Aged Dependent Relative (Subclass 114/838) Visa

This is a permanent visa for a relative of an Australian Citizen, Permanent Resident or eligible New Zealand Citizen who is: 

• single; and 
• financially dependent on the sponsor. 

Subclass 114 is for applicants outside Australia, and Subclass 838 is for applicants in Australia.

Remaining Relative Visa (Subclass 115/835) Visa

A person whose only near relative resides permanently in Australia may apply for the Remaining Relative Visa. Subclass 115 is for applicants outside Australia, while Subclass 835 is for applicants in Australia.

Carer (Subclass 836/116) Visa

Australian Citizens and Permanent Residents with a medical condition or disability can sponsor relatives to live in Australia and care for them. This requires assessing the sponsor’s medical condition, which must be:  

• long-term; and 
• impacting the daily aspects of their life. 

Subclass 836 is for applicants in Australia, and Subclass 116 is for applicants outside Australia.

Resident Return Visas

Resident Return (Subclass 155 and 157) Visa allows permanent residents to travel and return to Australia for up to five years from the date they receive the visa. After that, they must obtain a Resident Return Visa to continue travelling and securing entry into Australia.

Visitor Visas

There are several short to longer-term temporary visa options for tourists, business professionals and family members planning to visit or engage in short-term unskilled work in Australia. These include the:

1. Electronic Travel Authority (Subclass 601);
2. eVisitor (Subclass 651);
3. Visitor (Subclass 600);
4. Work and Holiday (Subclass 462); and
5. Working Holiday (Subclass 417).

Cancellations, Merits Review and the AAT

Facing a cancellation or refusal of your visa can be an incredibly stressful and uncertain time. If your visa application has been refused or your visa has been cancelled, you may be able to appeal the decision to the Administrative Appeals Tribunal (AAT). The AAT offers an impartial and non-adversarial approach to reviewing the Department of Home Affairs (DOHA) decisions. An appeal allows you to have another third-party body review your case. You can have a migration agent represent you throughout the whole process.

If the AAT affirms the decision of the DOHA, it means they are upholding the original decision on your application (cancellation or refusal). However, if the AAT disagrees with the decision, they will remit the matter back to the DOHA for further assessment.

You can appeal to the Federal Court of Australia if the decision is affirmed. However, you can only do so if there is a legal error in the decision. Only lawyers can represent you when you appear before the Federal Court of Australia.

Key Takeaways

When applying for a personal visa, there are several visa options you can pursue. It is important to check the unique requirements of each visa pathway and seek expert advice if necessary. If your application is refused or cancelled, you may apply for a review of your case.

If you need help with personal visas, our experienced immigration lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.

Frequently Asked Questions