Employer Sponsored Regional Visa 494 Streams

Visa 494 has three streams available depending on what type of visa suits you the best:

• Employer Sponsored Stream. For this stream, your employer can nominate you for any type of work as long as it’s listed in the skilled occupation list. You can find the full list here.
• Labour Agreement Stream. A labour agreement stream is suitable for you if your employer is a part of the labour agreements. These agreements are arrangements between the Australian government and employers that make it easier for overseas workers to get a visa for Australia when visa options are limited.
• Subsequent Entrant. This stream is not for you, but for your family members who apply for the visa after you’ve been granted a visa 494. Your family members can apply to join later in Australia with a subsequent entrant stream.

Visa 494 Document Checklist

Submit these documents when you want to apply for a visa 494:

• Identification Card.
• Skill Assessment and Qualifications.
• Proof of Competent Level of the English Language.
• Documents Proving Your Good Character.
• If you are bringing your partner or spouse with you:
  • Their identity documents
  • Marriage certificate
  • Divorce papers (if applicable)
  • Proof of registered relationship
  • Proof that they have a functional level of English
• If you are bringing other family members with you:
  • Identity documents
  • Character documents
  • Proof of other relationships (if applicable)
  • Proof of dependency (if applicable)
  • Form 47a
• Helping forms:
  • Form 956
  • Form 956a

494 Visa Employer Document Checklist

To nominate you for visa 494, your employer must submit a number of documents:

• Your identity documents. Your employer must provide your full name, date of birth, transaction reference number, visa grant number for any visa that you have or held, and any similar relevant documents.
• Your employment contract. Your contract must be signed by both you and the employer- unless exemptions apply.
• Proof of labour market testing. Labour market testing has to do with testing whether the position cannot truly be field by an Australian citizen. Your employer is obligated to submit proof that they have tested the market by advertising the open position- if they don’t submit labour market proof their nomination will not be accepted.
• Evidence that the position is genuine. Your employer should submit proof that the nominated position exists and they must clearly state the duties and responsibilities you will be doing.
• Labour agreement documents. These documents will be required if your employer is a part of the labour agreements and you are applying for the labour agreement stream.

Visa 494 Eligibility Criteria

For a visa 494 you must:

• Be under 45 years of age at the time of application. You may be exempt from this requirement in some circumstances.
• Be nominated by an eligible employer. Your employer must have a legitimate business in Australia to nominate you for visa 494.
• Have related skills and experience. You must show that you have the required skills and experience to work in the nominated position.
• Have a positive skills assessment. The skills assessment is conducted by qualifying individuals before your application- you may not be required to submit a skills assessment in some cases.
• Be working under a labour agreement. If you are applying for the labour agreement stream, you must be working in the position as specified by the labour agreement.

Exemptions

There are a few exemptions to the eligibility criteria for a 494 visa:

• You are exempt from the age requirement if:
  • You were nominated for a position at an educational institution (faculty head or lecturer at an Australian university).
  • You are nominated as a health care worker, and you have been working with a visa 457, or a visa 482, the same occupation for at least 3 years before your application (two years employed in regional Australia).
  • You are nominated by an Australian scientific agency or university to work as a scientist, research or technical specialist with an ANZSCO skill level 1 or 2. The ANZSCO code is used to categorize eligible occupations with the skills required to work in that occupation.
  • You held a special visa 444 or a visa subclass 461 for at least three years before applying for a visa 495- you worked for your employer during this period for at least two years.
  • You had a visa 457 or a subclass 482 for at least three years immediately before applying for a visa 494.
  • You worked in your nominated occupation for the same sponsor who nominated you for visa 457 or 482.
  • During the time you worked under a visa 457 or a visa 482, you earned at least as much as AUD158,500 annually.
• You are exempt from the skills assessment if:
  • You already have a visa 457 or a visa 482 and you were required to undergo a skills assessment.
  • You are nominated for an academic position.
  • You have a visa 444 or a visa subclass 461.

Visa 494 Sponsor Eligibility

Your sponsor must also meet several eligibility requirements to nominate you for a 494 visa:

• They are a standard business sponsor or have applied to become one (see the eligibility criteria).
• Your sponsor must provide evidence that they were unable to find an Australian employee for the position.
• Your employer must be able to pay you at least AUD250,000, if they don’t, they must be able to provide the annual salary rate.
• Your sponsor must pay the Skillings Fund Levy, the amount of which varies according to the business size and the length of employment
• Your sponsor must have a current labour agreement in place if you are applying for the labour agreement stream.

494 Visa Application Process

You apply for a 494 visa by following these steps:

1. You are nominated.
2. You apply for the visa.

You Are Nominated

Your sponsor must first make a valid nomination for you to be able to apply for a visa 494. They have to submit a nomination application via the ImmiAccount and they will receive a transaction reference number.

For a labour stream visa, if your sponsor is not a part of the labour agreements, they must make an application to be a part of the agreements before they can nominate you for the visa.

You Apply for the Visa

Once a nomination has been approved, you can apply for visa 494 via the ImmiAccount. When you finish attaching your documents, you must pay the application or your visa application won’t be processed. You must include the transaction reference number you receive from your sponsor in your application.

Don’t forget to prepare your documents for the online application.

How Long Is a Visa 494 Valid for?

Visa 494 is valid only for five years. You cannot extend this visa, but you may apply for permanent residence after three years if you meet the eligibility criteria.

494 Visa Fees

A 494 visa costs AUD4,045. In addition to this fee, you are also required to pay additional fees for every applicant that applies with you.

You must also pay an amount of AUD4,890 for each family member over 18 who cannot prove they have a functional English proficiency level.

Can I Bring My Family Members With a Visa 494?

You can bring your family members with a visa 494. If for some reason, your partner or children cannot apply with you at the same time you must state the reason why, when you apply for your visa. Additionally, your family members can join you at a later date by applying for a subsequent entrant visa 494.

Can I Study With a Visa 494?

You can freely study during the time your 494 visa is valid, but you can do so only in specific regional areas of Australia.

Which Areas Can I Work in With a 494 Visa?

You can only work in regional Australia- that includes all of Australia except for:

• Sydney
• Melbourne
• Brisbane

Can I Get a Permanent Residence With a Visa 494?

You may be eligible for a permanent residence visa after three years of living under visa 494 in Australia.

If you held your 494 visa for less than three years, you cannot apply for the following visas:

• Business Talent-Subclass 132
• Employer Nomination Scheme- Subclass 186
• Business Innovation and Investment Provisional- Subclass 188
• Skilled Independent- Subclass 189
• Skilled Nominated- Subclass 190
• Distinguished talent- Subclass 858
• Partner visa- Subclass 820

494 Visa Conditions

You must start working 90 days after your visa is granted or after you enter Australia (if you applied outside of the country). You can only work for the employer who nominated you only in regional Australia. Moreover, you and your family members are obligated to follow Australian laws and regulations during the time you are in Australia with a 494 visa.

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What Is Permanent Visa Subclass 191?

This is a permanent visa that allows you to stay, work or study in Australia indefinitely. You can apply for visa 191 if you had a previous Australian visa and you lived, worked or studied in a specific regional area in Australia.

This visa allows you to apply for citizenship if you meet the eligibility criteria.

How Do I Apply for a Visa 191?

There is still no clear process on how to apply for a visa 191 yet, but you will most likely be required to submit an online application via ImmiAccount. You can apply for the visa either from Australia or outside the country, but you can’t be in immigration clearance.

Who Can Apply for a Visa 191?

You can apply for this visa if:

• You already hold a valid Australian visa.
• You lived in a specific regional area for at least three years.
• You had a taxable income meeting or passing the income threshold for at least three years.
• You and your additional applicants have followed Australian laws and met the conditions imposed on your previous visas.

Is There an Age Limit for Visa 191?

There is no announcement if there is an age limit for 191 visa. However, most skilled regional visas require applicants to be younger than 55 or 45 to be eligible for the visa.

For a visa 191, you will most likely be required to prove that you were under the age limit when you applied for your previous regional skilled visa, but the Department of Home Affairs will specify the age limit before opening the 191 visa applications.

Visa 191 Fees

The Department of Home Affairs hasn’t announced the visa fees for visa 191. However, you will most likely be obligated to pay an additional charge for every additional applicant that applies with you. Additionally, if your over 18 companions have less than functional English you must pay a second instalment charge.

How Long Can I Stay With a Visa 191?

Visa 191 permanent residence skilled regional is a permanent visa. It’s important to remember that this visa, like all permanent Australian visas, has a travel expiry date. After five years since your visa is granted, you must apply for a resident return visa to extend your travel facility.

Can I Include Family Members for a Visa 191?

Yes, you can include family members who belong to your family unit, i.e., spouse, registered partner, children, step-children, etc. You must include your family members who are eligible for this visa at the time of the application- you cannot include them later on.

If you have family members who no longer meet the criteria for visa 191, they can still apply for the visa if they hold another visa on the basis that they were your family member. For example, if a minor child you applied with you for a previous visa has now turned 23, they will still be eligible for visa 191.

Your family members must meet the health and character requirements- even family members who don’t apply with you for the visa.

New Addition to the Family

If (during the time you had a previous visa in Australia) you had a child in Australia, you must let the Department know before you submit your application for a 191 visa.

Please note that if the Department has not linked your child’s visa to their passport you cannot submit a visa application online for your children.

Processing times

There are no available processing times for 191 visa. The Department of Home Affairs will most likely post the processing time before 191 visa applications are open.

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The 801 Visa is the second stage to becoming a permanent resident – before that, you have to apply for a Temporary 820 Visa.

How Long Does It Take to Get 801 Visa After 820?

From the moment you get the 820 Visa, you usually have to wait about two years before you become eligible for an 801 Visa. However, you may be able to get the 820 and 801 visas at the same time if:

• You and your partner have been together for at least 2 years – married or cohabitating – and have a child together.
• You and your partner have been together for at least 3 years – married or cohabitating – and you do not have a child together.

Eligibility Requirements for the Subclass 801

To be eligible for the 801 Visa, you must still continue to be in a relationship with your partner (sponsor). Additionally, you must also still meet the requirements for becoming a permanent resident of Australia, such as:

• Be of good character.
• Have paid all debts to the Australian government.
• Have a valid 820 Visa.

801 Visa Requirements

The documents you will have to submit before you get the 801 Visa include:

• Scanned copies of your passport. Include the personal information, picture, and expiry date page.
• Proof you and your partner are still in a relationship.
  • Marriage certificate (for married spouses).
  • Proof you are in a committed, monogamous relationship and that you live together (for defacto partners).
• A completed “Statutory Declaration – Partner visa (sponsor)” form. Find it here.
• Proof you and your partner have joint finances. This can be a joint mortgage or bank loan, utility bills in both names, a joint bank account etc.
• Proof you and your partner are equal domestic partners. This can be a statement regarding the way you share housework, proof you have joint custody of your kids, etc.
• Two completed copies of Form 888 “Statutory declaration by a supporting witness in relation to a Partner or Prospective Marriage visa application”. This form is proof that people know of your relationship, and must be completed by family members, friends, or relatives.
• Australian police certificate for yourself and any dependents over the age of 16. Only if you did not submit it for the temporary visa application.
• If there has been a change in your circumstances, provide:
  • Completed Form 1022 – Notification of changes in circumstances.
  • Additional documents, as related to the change (marriage certificate, adoption If you have a new or updated passport or changed your address.
• Form 929 – Change of address and/or passport details (if applicable).
• Passports of your dependent children.
• Any documents about changes in situation for your dependent children.
• Scanned passport of your spouse (must show their signature) or their Australian driver licence.

Remember:

• You may have submitted many or all of these documents when you originally applied for the 820/801 Visa joint application. You are submitting them again only to prove that you and your spouse still meet the requirements.
• You have to translate any Australian visa documents you submit. Make sure that the translator is accredited by the National Accreditation Authority for Translators and Interpreters.
• You do not need to certify the documents for the Subclass 801 Visa.
• You have to scan (in color) any documents you submit.
• You have to save each documents as a single file, even if it has multiple pages.

How to Apply for the 801 Visa?

Technically, you have already applied for the Permanent 801 Visa when you submitted your application for the Temporary 820 Visa. Now, you must simply submit additional documents so that the Department of Home Affairs can see if you are eligible to become a permanent resident.

1. On the ImmiAccount, you have to start the application for “Complete Stage 2 – Permanent Partner Visa Assessment (100, 801)”.
2. You will be required to submit similar documents as when you applied for your temporary resident visa, so that you can prove you continue to meet the requirements.
3. The earliest you can submit your application is one month before the two years date. Do not submit an application earlier than that, unless you receive an email isntructing you to do so.

NOTE: If you received the 820 and 801 Visas at the same time, you do not need to submit an additional application or documents.

Cost of the 801 Visa

You have paid for the 801 Visa when you initially applied two years ago, so no additional visa fee is required. However, you still have to pay other fees, such as:

• The police certificate.
• Health check fees.
• Marriage certificate.
• Passport-size pictures.
• Mailing or postage fees.

The additional fees for certificates and mail can easily add up to a few hundred dollars.

Is 801 Visa Permanent Residency?

Yes, the 801 Visa leads to permanent residency in Australia. As a permanent resident, you can

• Live and work in Australia indefinitely.
• Study in Australia, and receive government assistance for tertiary education.
• Register for Medicare, Australia’s public healthcare scheme
• Sponsor any other eligible family members to come to Australia
• Leave and re-enter Australia as many times as you wish for the first five years. After five years, you have to either get a Resident Return (RRV) or Australian citizenship.
• Attend English language classes which are administered by the Adult Migrant English Program.
• Become an Australian citizen, a few years later.

Can I Add My Child to the Application?

Yes, you can add a child to your 801 Visa application even if you did not include them in the temporary visa application. To do so, your child has to get a Dependent Child Visa (Subclass 445) and travel to Australia. Then, you must complete Form 1002 “Application by a subclass 445 dependent child for a permanent partner visa” and attach it to your ImmiAccount.

Your child or children must meet the Australian health requirements. If they 16 years of age or older, they also have to get a police certificate.

801 Visa to Citizenship

Four years after you receive your Partner Visa (Sublcass 801), you can apply for Australian citizenship. The citizenship requirements are:

• You must pass a citizenship test, unless you are 60 or older.
• You must not have lived outside Australia for longer than 12 months during the last 4 years.
• You must not have been outside Australia for longer than 3 months in the last 12 months.
• You must be living in Australia at the time of application and you must continue to intend living there.

Can You Become an Australian Citizen by Marriage?

Yes, if you marry an Australian citizen or permanent resident, then you can initially apply for a Partner Visa to join them. A few years after becoming a permanent resident, you may apply for citizenship. You can test your eligibility for citizenship on the Citizenship Wizard tool (an online quiz) on the website of the Department of Home Affairs.

Although permanent residents enjoy a lot of the same benefits as Australian, as a citizen, you wouldn’t need to apply for a Resident Return Visa to be able to travel in and out of the country, you could get an Australian passport, and vote, just to name a few benefits.

Can 801 Visa Be Cancelled?

Yes, an 801 Visa can be cancelled if you no longer meet the requirements of the visa, if you break the rules, or if you provided false information during your application. Before final cancellation, the Department of Home Affairs will notify you why they want to cancel your visa, and you will be able to appeal the decision and provide evidence why you should keep it.

Your partner cannot cancel your visa – at least not once you have already received it. However, they can withdraw their sponsorship while the visa is still processing.

To cancel a visa or withdraw an application, your sponsor would have to submit a written request to the Department of Home Affairs, along with their name and birth date, visa transaction reference number (TRN), and a statement which confirms they want to withdraw the sponsorship.

If your visa has been cancelled, you either have to immediately leave Australia or apply for a Bridging Visa.

What Happens if You Break Up on a Partner Visa 801?

If you have an 801 (Permanent) Visa, and you break up, you will likely still be able to still stay in Australia. However, it could raise questions about the legitimacy of your relationship, and if the DHA thinks that you were never in a relationship, your visa could be cancelled.

However, if you break up before getting the 801 Visa (i.e. you are still a temporary resident), you can stay in Australia only in the following circumstances:

• You were a victim of domestic violence.
• You and your partner have joint custody of an Australian child.
• Your partner has passed away.

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The Partner Visa (Subclass 820) is the first visa in a two-step process. Two years after receiving it, you become eligible for permanent residency (the Partner Visa 801) and you can settle in Australia long-term.

Eligibility for the Partner Visa 820

To receive the Partner Visa 820, you and your partner have to fulfill the following requirements:

• You have to be married or in a de-facto relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
• You must both be over the age of 18.
• If you are in a de facto relationship, you must have lived together for at least 12 months. The time you were not in a de facto relationship (ie. distance relationship, dating) may not count.
• You must meet the health requirements. This means you may have to get a medical examination by an approved doctor.
• You must not have a criminal background and meet the character requirements.
• Your partner (sponsor) must not have sponsored someone else in the last five years. If they did sponsor someone else, it cannot have been in more than two occasions.
• Your partner must not have been sponsored by another partner in the last five years.

Partner Visa 820 Documents Checklist

The documents you will have to submit when you apply for your Partner Visa 820 are:

• Your passport. You should attach scanned electronic copies of the passport pages showing your photo, personal details, and the issue and expiry dates.
• Your birth certificate, stating the names of both your parents. In case you cannot provide a birth certificate, you may also submit:
  • Identification pages from a family book or family census register, or
  • Document of identification that was issued by a government body or court.
• Marriage certificate, if you are married.
• If you are in a de facto relationship:
  • Proof that you and your partner are exclusively committed to each other.
  • Proof that you are in a genuine and continuing relationship.
  • Proof that you live together.
  • Proof that you are not related to each other.
• A written statement, with the following information:
  • How, where, and when you have met.
  • How your relationship has developed over time.
  • The date when you got married, engaged, or moved in together, as relevant.
  • Any notable moments in your relationship.
  • What you do together and description of any times you have been apart.
  • What your plans for the future are.
• Proof of how you manage your joint finances, such as:
  • Documents of a mortgage or lease you share.
  • Proof of loan for a house, apartment, car, or any other major assets.
  • Statements from a joint bank account.
  • Utility bills.
• Proof of how you manage your household and domestic life, such as:
  • A letter about how you share your household chores.
  • Household bills in both of your names.
  • Mail or emails, which are addressed to both of you.
  • Proof of your living arrangements.
  • Proof of having joint custody of your children (if relevant).
• Proof that other people know of your relationship, such as:
  • Proof you have gone out together with other people.
  • Proof you have friends in common.
  • Proof you have done cultural, sporting, or other social activities together.
  • Proof you have traveled together.
  • Proof you have told public, commercial, or government bodies about your relationship.
• Proof that you are in a committed relationship with each other, such as:
  • Evidence of having joint personal belongings.
  • Proof that you check in with each other and stay in touch even when you are apart.
  • The conditions of your wills.
• Proof of any previous relationship, such as divorce papers.
• Police certificates from any country you have lived in for longer than a year within the last 10 years.
• A completed Form 80 – “Personal particulars for assessment including character assessment”.
• Documents for your dependents:
  • Identity documents.
  • Proof of your relationship to them, such as a birth certificate.
  • Under 18: Consent from a parent or legal guardian of the child, who has custody over them and is not travelling along with them.
  • Over 18: Proof of their dependence on you.

All the documents you submit have to be certified and translated into English.

How to Apply for the 820 Visa?

You have to apply for the 820 Visa online when you are already in Australia, which means you first have to enter the country with some type of temporary Visitor Visa. You can also apply for the 820 Visa if you currently have a Prospective Marriage Visa. The step-by-step application process is:

1. Gather the required documents.
2. Login to your ImmiAccount and start the application.
3. Pay the Visa Application Fee. If you have already applied for a Prospective Marriage Visa, the fee is reduced.
4. Submit the completed application.
5. Write down the transaction reference number (TRN) and application ID and give them to your partner. They need it when they apply for Sponsorship.
6. Attach electronic copies of the required documents.
7. Your partner logs in to their own ImmiAccount and submits an application for “Sponsorship for a Partner to Migrate to Australia (300, 309/100, 820/801)”. They can also use your ImmiAccount to do so.
8. Your partner submits their ID, proof of legal stay in Australia, as well as police certificates.
9. You wait for your visa to be processed. In the meantime, you will receive a Bridging Visa so you can stay in Australia legally.

After the application, you may also have to enter an interview, in which you will have to prove the genuineness of your relationship. The officers will ask you questions about each other’s families and backgrounds, and questions about your relationship.

Can My Children Apply With Me?

Yes, you can add your children to the 820 Visa application and take them to Australia with you. To do so, your children have to be under the age of 18, unmarried, and under your custody. However, you can also bring your adult children with you, if:

• They are between the ages of 18 and 23 and financially dependent on you.
• They are over the age of 23, but they are dependent on you due to physical or mental limitations.

You can submit the application on your children’s behalf through your ImmiAccount. You must add additional documentation for them, as requested.

How Long Does the 820 Visa Take to Process?

It takes about two years for the Subclass 820 Visa to fully process. During this time, you can stay in Australia. Most applications are resolved within 22 months, but if your documents are not in order or if the Department of Home Affairs needs further information from you, it could take longer than that.

How Long Is the Partner Visa 820 Valid?

The Subclass 820 Visa is temporary. In most cases, you have to live in Australia with your partner for two years to become eligible for permanent residency. After two years, you have to submit additional documents to the Department of Home Affairs so they can determine if you are eligible for the 801 Visa (which is permanent).

However, if you and your partner have a child together or have been in a long-term relationship of over three years before you got the 820 Visa, you will immediately get the permanent residency visa as well. You do not need to further prove your eligibility or wait for two years.

Benefits of the Partner Visa 820

Once you have the 820 Visa, you will be able to do the following:

• Work and study in Australia. However, for studying you are not entitled to government support, like Australian citizens or permanent residents are.
• Travel to and from Australia as many times as you wish.
• Enrol on public healthcare in Australia (Medicare).
• If you need help with your English, you can take free English language classes provided by the Australian Adult Migrant English Program. You are entitled to 510 hours of classes.
• Live in Australia with your partner until you become eligible for the permanent 801 Visa. During this time, you can also bring your children with you, if you have any. Then, once you get the permanent visa, you will also become eligible for Australian citizenship.

Partner Visa 820 Cost

The cost of the 820 Visa is AUD 7,850 for the main applicant. If your dependent children are applying with you, you also have to pay:

• AUD 3,930 for each dependent child over the age of 18.
• AUD 1,965 for each dependent child under the age of 18.

However, if you have already applied for and received the Prospective Marriage Visa (300), you have to pay the following discounted fees:

• AUD 1,310 for the main applicant.
• AUD 660 for each dependent child over the age of 18.
• AUD 660 for each dependent child under the age of 18.

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You will get the temporary visa first and, two years after you travel to Australia, you can finally get the permanent visa. You will have to submit a few other documents prior to getting permanent residency but you do not need to pay another processing fee.

The reason you apply for both visas simultaneously, but do not get the permanent one until much later, is because the Australian government wants you to truly have close ties with Australia before you become a permanent resident.

Partner Visa Subclass 100 Conditions

To become eligible for the Subclass 100 Visa, you must meet the following conditions:

• You must have a Partner Visa 309.
• You must still be married or in a de facto relationship with your sponsor.
• You and your sponsor must have been in a relationship for at least two years or two years must have passed since you applied for the 309/100 Visa.
• During your relationship, you must have lived together.
• Your relationship must be exclusive and monogamous.
• You and your partner must be of good character.
• You must have paid any debts you have to the Australian government.

What Documents Do I Have to Submit for a Subclass 100 Application?

The documents you have to submit before can get the Partner Visa 100 are:

• Your passport, including the page with the signature.
• Documents proving your relationship with your partner is still ongoing. The documents are similar to what you already have submitted for the initial application:
  • Marriage certificate.
  • Proof of your defacto relationship.
  • Proof you live together.
  • Proof you share financial obligations.
  • Proof you share your domestic obligations.
  • Proof other people know about your relationship.
  • Proof you have gone out with other people.
  • Proof you have travelled together.
  • Proof you are committed to each other and keep in touch even when you are apart.
  • Proof you know about each other’s families and backgrounds.
  • Proof you share custody of children.
• Two copies of Form 888 “Statutory declaration by a supporting witness in relation to a Partner or Prospective Marriage visa application”. Two Australian citizens or residents whom you both know (friends or family) must complete this declaration.
• Australian police certificate.
• Police certificates from any country where you have lived in for longer than 12 months.
• Passports of all visa dependents.
• Police certificates for any dependents over the age of 16.
• Your partner’s passport.
• Your partner’s Australian driving licence.
• A completed copy of “Statutory declaration – Partner visa (sponsor)”. Your partner must complete this declaration.
• Documents related to any change in your situation. This could include:
  • Marriage certificate, if you have gotten married.
  • Birth certificate, if you had a child.
  • Adoption certificate, if you adopted a child.
  • Divorce papers, if you and your spouse divorced.
  • Proof you have changed your name.
• A completed Form 929 “Change of address and/or passport details”, if you changed your address or passport.

Make sure to submit your documents no earlier than one month before the two-year mark of receiving your 309 Visa.

The documents you submit for any Australian visa have to be translated into English.

How to Go From 309 Visa to Subclass 100 Visa?

About two years after you received your 309 Visa, the Department of Home Affairs will notify you that they will start processing your Permanent 100 Visa and give you a list of documents you should provide. You will have to log into your ImmiAccount and:

1. Complete Stage 2 – Permanent Partner Visa Assessment (100, 801).
2. Attach the required documents on the ImmiAccount. Make sure you do not submit the documents earlier than one month before the 2-year period ends.
3. Submit the application.
4. Keep note of your Transaction Reference Number (TRN).

The reason for the second set of documents is to make sure that you are still in a genuine relationship and meet the criteria to get permanent residence in Australia.

Do I Have to Wait Two Years to Get the Subclass 100 Visa?

Usually, you will only be eligible for the Subclass 100 Visa two years after you receive the temporary visa. However, if you and your partner have already been in a long-term relationship before applying for the visa, you can skip the two-year waiting period. A long-term relationship for Subclass 100 Visa purposes is defined as:

• If you have been married or in a de facto relationship for longer than three years.
• If you have been married or in a de facto relationship for more than two years and have a dependent child together.

In these cases, when the application for the 309/100 Visas is processed, you will get permanent residence immediately. You do not need to submit any further documents or start a new application later on.

Cost of the Subclass 100 Visa

You do not need to pay any processing fee for the Subclass 100 Visa. You have already paid for it when you submitted your joint 309/100 Visa application.

But remember, that in addition to Australian visa fees, you will likely need to spend some money on police certificates, birth and marriage certificates, postage fees, etc.

Subclass 100 Visa Processing Time

From the moment you submit your documents for the Subclass 100 Visa and until you receive it, it takes one to two years. However, if you take into account the two years it took to process your initial 309 Visa application and the two years you spent in Australia as a temporary resident, it is approximately five to six years until you become a permanent resident in Australia.

What You Can Do Once You Have the 100 Visa

From the moment you get the Partner Visa 100, you will be able to live and work in Australia indefinitely as well as:

• Study in Australian universities.
• Get public healthcare benefits.
• Sponsor a relative to come to Australia.
• Take free English language classes.
• Apply for citizenship once you become eligible.
• Travel freely in and out of the country for up to five years.

Your Travel Rights as a Subclass 100 Visa Holder

For the first five years of your visa, you can travel as many times as you want in and out of the country. However, once five years have passed, you will either have to

• Get a Resident Return Visa (RRV). This visa serves sort of like a passport, allowing you to travel and re-enter Australia as a permanent resident. You will not have the same visa-free travel rights as an Australian citizen, however.
• Look into becoming an Australian citizen. If you become an Australian citizen, you can get a passport and you will be able to enjoy the full travel and social benefits.

Going From Subclass 100 Visa to Australian Citizenship

You become eligible to apply for Australian citizenship four years after you receive the Permanent Partner Visa. You must comply with the following requirements:

• You have to be a permanent resident at the time of application.
• You have to be in Australia when they decide on the application outcome.
• You must not have been out of the country for longer than 12 months in the four years prior to the application and for longer than 90 days in the 12 months prior to the application.
• You must have at least basic knowledge of the English language.
• You must have knowledge of the Australian culture and way of life as well as the responsibilities and benefits accompanying citizenship.
• You must understand and be committed to upholding the Australian values of freedom, respect and equality.

What If the Application is Rejected?

If the Department of Home Affairs rejects your application for the 100 Visa, you may be able to file for an appeal with the Administrative Appeals Tribunal (AAT). Make sure to do your research and learn what you need in order to file an appeal for Australian visa denial because the process is subject to strict rules.

If you make a mistake or apply past the deadline, your appeal will be rejected.

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1. Subclass 309 Visa is temporary – it allows you to travel to Australia and wait about two years until you become eligible for permanent residency.
2. Subclass 100 Visa is permanent – you receive this once your 309 Visa expires.

As with other Australian Partner Visas, you have to apply for both the temporary and permanent visa at the same time.

Who Can Get the Partner Visa 309?

To receive the 309 Visa, you must have a partner living in Australia to sponsor you. You and your partner also have to meet the following requirements:

• You must both be over the age of 18.
• Your partner must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
• Your partner must not have applied for or received a Prospective Marriage Visa or Partner Visa in the last five years.
• Both you and your partner have to meet the character requirements. Neither of you must have any criminal charges related to children.
• You and your partner must be in a committed, monogamous relationship.
• You and your partner must either be married or in a de facto relationship (living together for at least 12 months).
• You and your partner must be able to provide evidence about the genuineness of your relationship. For example, prove that you have met each other’s family members, that you have lived together, and you know about each other’s backgrounds, etc.

Partner Visa Subclass 309 Documents Checklist

When you apply for the 309 Visa, you must attach scanned copies of the following documents to your application:

• Your passport’s personal information page, including your picture and expiry date.
• Your national ID card.
• Your birth certificate, showing the names of both your parents. If you cannot provide the birth certificate, a family book or government-issued document verifying your identity will suffice.
• If you are married: Marriage certificate.
• If you are in a defacto relationship: Proof that you are in a genuine, exclusive relationship and that you live together.
• A letter detailing the history of your relationship. Include the following information:
  • When and how you met.
  • How the relationship developed.
  • How you decided to move in together or get engaged/married.
  • Time you spent together and apart.
  • Your plans for the future.
  • Any important events/milestones in your relationship.
• Documents proving you and your partner share finances. Joint bank statements or loans, mortgage, etc.
• Documents proving you and your partner share domestic work. Include a letter describing how you share the housework, along with utility bills in your names, mail addressed to both of you, proof you have joint custody of your children, etc.
• Documents proving you and your partner are committed to each other. Phone records or texts proving you stay in touch even when you are apart, your will terms, etc. You may also have to enter an interview to show you know each other’s background, families, and other personal matters.
• Any evidence that the people in your lives know of your relationship. This could include proof you have gone out with other people, proof you have travelled together, proof you have friends in common, etc.
• Police certificates from any country you have lived in for longer than 12 months since you turned 16, including Australia.
• Additional documents for your dependent children:
  • Identification documents.
  • Birth or adoption certificates.
  • Proof you have legal custody of your child.
  • Proof they are enrolled in school or university, as applicable.
  • If the child is over 18, also include proof of why they are dependent on you.

The documents you submit for an Australian visa have to be translated into English (if they are not already). Since this is an online application, you have to scan them (in color) and attach them as electronic copies.

Make sure each document is a single file, even if there is more than one page per document.

How to Apply for a Partner Visa 309?

You have to be outside Australia when you apply for the 309 Visa and when you receive a decision. You will be applying for both the temporary and permanent visa at the same time. Here’s a step by step breakdown of the application process:

1. Create an ImmiAccount. If you already have one, log in.
2. Check whether you need a health examination. If you do, you must organize one – there will be a link you must follow.
3. Gather the required documents for the visa application.
4. Start a new application on the ImmiAccount. You must start the new application for Partner Visa (Subclass 309/100).
5. Complete the online application form. You have to answer all the questions.
6. Pay the visa application fee. You must pay the fee via a credit or debit card online.
7. Check your answers and submit the application.
8. Write down the transaction reference number (TRN) and send it to your partner. They need this number when they apply for 309 Visa Sponsorship.
9. Attach the required documents. You must make scanned copies of your documents and attach them to the ImmiAccount.
10. Your partner logs in to their ImmiAccount and applies for Sponsorship. They will need your visa transaction reference number (TRN), identification documents, and police certificates.
11. Wait for the visa outcome. You must be outside Australia during this time.

If you want to apply for a visa and wait on the decision in Australia, you can look into the Onshore Partner Visa (Subclass 820).

Partner Visa 309 Processing Time

The majority of 309 Visa applications are processed within 16 months. Some can take up to 22 months. It can take even longer if you do not provide the correct documents or if the Department of Home Affairs is taking a long time to verify your information.

Once your visa has been processed, and you receive a decision, you can travel to Australia.

How Much Does the 309 Partner Visa Cost?

The cost of the 309 Partner Visa starts at AUD 7,850 for the main applicant. If you have dependents applying with you, you also have to pay:

• AUD 3,930 for each dependent over the age of 18.
• AUD 1,965 for each dependent under the age of 18.

When you pay the fee, you are also paying for your Permanent Partner Visa (Subclass 100).

If your child does not apply for a 309 Visa with you but gets a Dependent Child Visa 445 later, you do not need to pay a visa fee.

Benefits of the 309 Visa

Once you get a 309 Visa, you are one step closer to becoming a permanent Australian resident. But in the meantime, you can still enjoy the following benefits:

• You can live with your partner in Australia.
• You can work in Australia.
• You can enroll in an Australian educational institution.
• You can attend English language classes (if you need to). You will be able to register for up to 510 hours of free classes provided by the Adult Migrant English Program.
• You can register for Australian public healthcare.
• You can travel to and from Australia as many times as you need.

How Long Until I Can Apply for Permanent Residency?

Two years after you get the 309 Visa, you have to submit additional documents to the DHA so you can get the Permanent Partner Visa (Subclass 100). You will have to prove that during this time, you and your partner continued to in a committed, exclusive relationship and have lived together.

Can My Children Apply With Me?

Yes, you can add your children as your dependents for the 309 Visa; you will receive the visas and travel to Australia together. You may also add a dependent after you submit the visa application, but before you receive the decision. To do so, you will need to complete Form 1436 “Adding an additional applicant after lodgement” and attach it to the ImmiAccount.

Can I Add My Children After I Have the Visa?

After you receive the 309 Visa, you can no longer add a dependent to that visa. Instead, your child will have to apply for a Dependent Child Visa (Subclass 445) so they can come to Australia and live with you.

What If My Relationship Has Ended?

If you and your partner break up after you receive your 309 Visa, then you may still be able to get Australian permanent residency if your situation matches one of the following scenarios:

• You have been the victim of domestic violence.
• You have a child with your partner and you both have custody of the child.

If you are in one of these situations, you have to complete Form 1022 “Notification of changes in circumstances” and submit it to the Department of Home Affairs as soon as possible.

If you do not meet these requirements, you will either have to apply for a different Australian visa or leave the country.

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This is a temporary visa, which allows you to enter Australia with the intention of getting married. After your wedding, you can apply to become permanently settled in Australia with your spouse.

Eligibility for the Australian Prospective Marriage Visa

To be eligible for the Prospective Marriage Visa for Australia, you and your fiance must meet the following criteria:

• You must both be over the age of 18.
• Your partner must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
• You and your partner must have met each other in-person before.
• You must be planning on getting married within nine months of receiving your visa. You cannot marry before the visa is granted.
• You must prove you intend to live together as spouses.
• You must both be of good character. You may have to submit police certificates.
• You must meet the health requirements. You may need to get a health examination from an approved doctor.
• Neither you nor your partner must not have been charged or convicted of an offence that involves children.

Prospective Marriage Visa Document Checklist

The documents you must provide when you apply for an Australian Prospective Marriage Visa are:

• Your passport. It must show your photo that is in line with the guidelines, personal details and the issue and expiry dates.
• Your birth certificate. Must show the names of both your parents.
• If you cannot provide a birth certificate, submit one of the following:
  • Identification pages from a family book or family census register.
  • Document of identification, issued by a court or government body in your home country.
• Two completed copies of the “Statutory declaration by a supporting witness in relation to a Partner or Prospective Marriage visa application” (Form 888). The forms have to be completed by someone who:
  • Is older than 18 years of age.
  • Know you and your partner.
• Proof that you and your partner have met each other in person while you were both of adult age.
• Proof you will marry your partner within nine months. This can be, for example, a letter from the officiator of your wedding.
• Proof that you and your partner will live together.
• Written statements from you and your partner, which include the following information:
  • How, where, and when you met.
  • How you got engaged.
  • Any important events in your relationship.
  • How your relationship has progressed and any joint activities.
  • What your plans for the future as a married couple are.
• Proof of any previous relationship, such as divorce papers.
• Documents of good character, such as:
  • Police certificates from any country you have lived in for longer than 12 months during the last 10 years.
  • A completed Form 80 – “Personal particulars for assessment including character assessment”
• If you have dependents under the age of 18:
  • Identity documents.
  • Proof of your relationship to them, such as a birth certificate.
  • Consent from a parent or legal guardian of the child, who has custody over them and is not travelling along with them.
• If you have dependents over the age of 18:
  • Identity documents.
  • Proof of your relationship to them, such as a birth certificate.
  • Proof of their dependence on you.

All the documents have to be certified and translated into English if they are not already.

How to Apply for the Australian Prospective Marriage Visa?

You apply for the Prospective Marriage Visa online, while you are outside Australia. The step-by-step process is as follows:

1. Create an ImmiAccount, or log in if you already have one. To register, you need to provide your personal details, email address, and phone number.
2. Complete the ImmiAccount application form. You have to start a new application for the Subclass 300 Visa and answer the questions. You can save and continue the application at a later date using the “Edit” option.
3. Pay the visa application fee. You can pay the Australian visa application fees online.
4. Submit the ImmiAccount online application form.
5. Note down the transaction reference number (TRN) and send it to your partner. Your partner needs this to apply for Sponsorship.
6. Attach electronic copies of the required documents. You must attach the documents after you submit the application. In case you must do so before submitting the form, you will be notified.
7. Your partner applies for Sponsorship using their own ImmiAccount or yours. To start the application, they must select the option “Sponsorship for a Partner to Migrate to Australia (300, 309/100, 820/801)”.
8. Your partner attaches the required supporting documents for the Sponsorship application. They have to provide their identity documents, proof they are legally resident in Australia, an Australian National Police Certificate as well as a Police Certificate from any country they have lived in longer than 12 months.
9. You wait for your visa to be processed.

Once you receive your visa, you can use VEVO or an ImmiCard to check its validity and conditions.

Prospective Marriage Visa Subclass 300 Processing Time

It can take up to two years for a Marriage Visa application to be processed. According to the Department of Home Affairs, most applications are finalized within 22 months.

Duration of the Prospective Marriage Visa for Australia

The Australian Prospective Marriage Visa is valid for 9 to 15 months. The exact duration will be specified on the Visa Grant Letter. During this time, you can:

• Marry your fiance.
• Work in Australia.
• Study in Australia, but you will not receive Government aid.
• Travel in and out of the country.
• Apply for a Permanent Partner Visa, which allows you to live in Australia with your spouse permanently.

After You Get the Visa

After you receive your Prospective Marriage Visa, you have to do the following:

• Enter Australia within the date specified on the visa.
• Marry your fiance before the visa expires. You may also need to get a Notice of Intended Marriage (NOIM) at least one month before your wedding. You can get married in or outside Australia, as long as the marriage is valid and recognized by Australian law.
• Apply for a Partner Visa (Subclass 820 and 801), if you want to settle and live in Australia after getting married. Make sure to apply after getting married but before the Subclass 300 visa expires.

Prospective Marriage Visa Cost

The Australian Marriage Visa costs AUD 7,850 for the main applicant (the partner of the Australian resident). In addition, you also have to pay:

• AUD 3,930 for each dependent applicant over the age of 18.
• AUD 1,965 for each dependent applicant under the age of 18.

Can I Bring My Children To Australia With a Prospective Marriage Visa?

Yes, if you have children, you may bring them along with you when you travel to Australia to get married. For the purposes of visa application, your child must be:

• Under the age of 18 and under your custody, or
• Between the ages of 18 and 23 and dependent on you, or
• Over the age of 23, but dependent on you due to “physical or cognitive limitations”.

To be considered a dependent, your child must not be married or in a de facto relationship.

Switching From the Prospective Marriage Visa to Permanent Residency

Once you have gotten married, you can apply for the 820 and 801 Partner Visa. While you apply simultaneously, you will receive the 820 (Temporary) Visa first, which is valid for two years. After two years, you will receive the 801 (Permanent) Visa, which allows you to settle with your spouse in Australia permanently and even apply for Australian citizenship after a few years.

Can I Get Married in Australia on a Tourist Visa?

While it is possible to get married in Australia while you are there on a Tourist Visa if you want to have the best chance of settling there with your future spouse, it is probably best to go for the long route and apply for a Prospective Marriage Visa. That’s because:

• With a Marriage Visa Subclass 300, you will be allowed to work and study without restrictions in Australia. If you enter on a Tourist Visa and get married, you will receive a Bridging Visa while you wait for the Subclass 820 Visa to be processed, and you have to apply for permission to work – you are not entitled to work rights immediately.
• The application for the Partner Visa (820/801) from the Prospective Marriage Visa is more streamlined than from a Tourist Visa.
• If you have a “No Further Stay” condition on your Tourist Visa, it can complicate matters further when you want to apply for permanent residency.
• It can be difficult to obtain a Tourist Visa (Subclass 600) for Australia because you have to prove you are a Genuine Temporary Entrant and do not intend to settle in Australia. This is especially true if you are from a non-Western country or a country that is known to have a lower standard of living.
• If your Tourist Visa application is refused, it will make it more difficult (or even impossible) to apply for a long-term visa in the future, such as a Partner Visa.

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Australian Partner Visas are divided into Onshore and Offshore visas, which differ based on where you are when you lodge the application – in Australia or outside. They are further divided into temporary and permanent visas, based on their duration.

Another type of Partner Visa, which does not fall into either category is the Prospective Marriage Visa, which many also refer to as a fiance visa.

Australia Partner Visa Types

Here are the types of Australian visas for partners and spouses:

• Prospective marriage visa. You can get a Prospective Marriage Visa if you are engaged to an Australian citizen or resident, and you wish to marry them in Australia. This type of visa allows you to live there for 9 to 15 months, during which time you have to marry your fiance.
• Onshore Partner Visas. The Onshore Partner Visas allow you to submit your visa application from within Australia and wait for it to be processed there. There is a joint application process, so you have to apply for both of them at the same time. However, you will receive the 820 first and wait two years until you become eligible for permanent residency. There are two visas:
  • Onshore Temporary Partner Visa (Subclass 820), which is valid for about two years.
  • Onshore Permanent Partner Visa (Subclass 801), which is permanent. After two years with a subclass 820 visa, you have to submit a few other documents and then you will receive the 801 Visa as well.
• Offshore Partner Visas. The Offshore Partner Visas allow you to submit your application from outside Australia. Once you receive your visa, you can join your partner and wait to become eligible for permanent residency. You have to apply for both the Subclass 309 and Subclass 100 Visa at the same time, but you will only receive the permanent visa once two years have passed since you got the temporary visa. You have to be outside Australia when you apply and when you receive the 309 Visa, but you can be in or outside Australia when you receive the permanent visa.There are two Offshore Partner Visas:
  • Provisional Offshore Partner Visa (Subclass 309). This is a temporary two-year visa.
  • Offshore Migrant Partner Visa (Subclass 100). This is the permanent visa you will receive after the temporary one expires.

Difference Between the Temporary and Permanent Visas

Even though you apply for the Temporary (Subclass 820/309) and Permanent (Subclass 801/100) Partner visas at the same time, you do not receive them simultaneously. You have to wait for two years to pass since the grant of a temporary visa to receive the permanent one. During this time, you will be living in Australia with your partner.

Two years after you receive the Temporary Visa, the Department of Home Affairs will notify you that they have started to process your permanent residency application and you will be required to submit a few other documents.

You will pay the visa application fee at the very start when you submit the joint application, so for a Permanent Visa, you do not need to pay anything.

The reason you do not receive the permanent visa immediately is because the Australian Immigration Authorities want to make sure that you really have ties to Australia before settling there permanently.

Note: If you and your partner have been married or in a de facto relationship for longer than three years, you do not need to wait another two years to get permanent residency. You will receive it immediately.

General Conditions for an Australian Partner Visa

To be eligible for an Australian Partner Visa, you and your partner must meet these conditions:

• Your partner has to be an Australian citizen, a permanent resident, or an eligible New Zealand citizen.
• You must be adults (over 18 years old).
• You must either be married or in a de facto relationship (i.e. you live together, share finances and domestic lives, etc.)
• You must have been in a relationship for at least twelve months at the time of application.
• You must be in a genuine, exclusive relationship.
• You must be able to prove the authenticity of your relationship.

Sponsorship Conditions

There are also certain conditions that your partner in Australia must meet to be eligible to sponsor you:

• Your partner cannot sponsor more than two partners in their lifetime. So if they have already sponsored two other people previously, they cannot sponsor you.
• Your partner cannot sponsor you if they have already sponsored another partner within the last five years.
• If your partner was sponsored and received their own Permanent Partner Visa within the last five years, they cannot sponsor you. They must wait until five years have passed since they received the visa.

How to Prove a Relationship is Genuine?

To prove your relationship is genuine, the Australian visa authorities will ask you to provide several documents. This can be utility bills addressed to both of you to prove you share domestic matters, a joint bank account to prove you share finances, phone records to prove you keep in touch when you are apart, pictures of the two of you together and with other people to prove you have spent time together and that other people know of your relationship, etc.

Before you receive the permanent visa, two people that know both you and your partner know will have to complete a form, which is intended to serve as a guarantee by that person that you and your partner are indeed a couple.

The documents you are required to provide for an Australian visa will be listed on the ImmiAccount when you submit the application. They may differ on a case-by-case basis.

Can You Become an Australian Citizen By Marriage?

Yes, it will take a few years, but marrying an Australian citizen or resident can lead to Australian citizenship for you as well. Once you receive the Permanent Partner Visa, you can submit your application for citizenship after four years, if you meet all other requirements, such as:

• Not having been outside Australia for longer than 12 months in the four years prior to the application.
• Not having been outside Australia for longer than 90 days in the 12 months prior to the application.
• Having some basic knowledge of the English language as well as the Australian culture, society, and way of life.

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Who Can Sponsor Me for a Remaining Relative Visa?

Your family member can sponsor you if they are an Australian citizen, permanent resident, or New Zealand eligible citizen and they are:

• Your parent or step-parent.
• Your sibling or step-sibling.
• Your relative’s eligible partner.

You must also be sponsored by a family member or their partner who never sponsored someone else that had one of the following visas or held this visa themselves:

• Remaining relative visa – subclass 835.
• Preferential family visa – subclass 104.
• Family visa – subclass 806.

Am I Eligible to Get a Relative Visa?

You are eligible to apply for a relative visa if:

• You are sponsored by an eligible parent, step-parent, sibling or step-sibling who is over 18.
• Your sponsor is an Australian citizen, permanent resident, or an eligible New Zealand citizen.
• You or your partner don’t have a near relative who lives out of Australia.
• You and your partner don’t have a near relative in Australia under a temporary visa or staying illegally; temporary visas include bridging visas
• You have assurance of support.

Assurance of Support

Your sponsor must have an assurance of support agreement with the Australian government. This agreement shows that your sponsor will pay back the government for any income support they give you so you can move to Australia. This agreement will make it easier for you to get a relative visa.

Document Checklist for an Australia Relative Visa

Submit the following documents for your relative visa application:

• You must have a valid passport when you want to apply for a relative visa since you must submit a copy of your passport pages. Additionally, you may be required to submit a copy of your ID card and certificates that show your name change- if applicable.
• Remaining relative visa form. When you apply for a remaining relative visa, you have to fill in this visa form and submit it together with the rest of your documents.
• Sponsor documents. Your sponsor is required to fill in form 40 and send it to you when you want to apply for the visa.
• Proof of relationship. You have to provide evidence of your relationship with your sponsor. You can submit a birth certificate, a marriage certificate, a death certificate, adoption papers, or a family book- anything that shows you are close family members.
• Evidence that you are of good character. You may be asked to submit police certificates detailing your criminal history- do not submit these certificates unless specifically asked for by the Department of Home Affairs.
• Partner documents. If you apply with a partner, make sure you provide their identification documents, character documents and proof of relationship, i.e., a marriage certificate or proof of registered relationship.
• Documents for dependants under 18. In case you apply with dependants under 18, then provide their identification documents, proof of your relationship with them, parental consent form 1229, or a statutory declaration. Also, provide form 1257 if the child won’t be living with family members or legal guardians.
• Documents for dependants over 18. For over 18 family members who apply with you, submit their identity documents, character documents (if applicable), dependency form 47a, and other documents proving they are dependent on you either socially or financially.
• Help documents. If you want someone else to help you with your application, then please fill in form 956a, or form 956.

How to Apply for an Australia Relative Visa?

This is how to apply for a remaining relative visa:

1. Pay the first instalment.
2. Apply for the visa.
3. Wait for the first assessment.
4. Wait for the second assessment.
5. Pay the second instalment.

Pay the First Instalment

Before you can apply for the remaining relative visa, you have to pay the first instalment of the visa fee. You have to pay the fee online through ImmiAccount- log into your account and find the payment option so you can pay for the visa. If you don’t have an account, then open one since you won’t be able to pay for the visa in another way.

Apply for the Visa

When you apply for a remaining relative visa, you have to submit a paper application because you cannot apply online or in-person for this visa. You have to send the application either by post or by courier. You will find the full address in your visa application form.

Keep in mind that you have to certify your certificates and photocopies for paper-based application.

Wait for the First Assessment

This visa is processed in two stages; the first stage begins after you send your application. At this point, the Department of Home Affairs will put your application up in a queue to wait until there is a place available for you.

Wait for the Second Assessment

After the queuing process is over, your relative visa application will be assessed once more by the Department of Home Affairs. At this stage, you may be notified that it’s time to pay the second application fee.

Pay the Second Instalment

When your application finishes the second stage of processing, you have to submit the second instalment fee so you can receive your relative visa. After this, you will be notified in writing about the Department’s decision.

Remaining Relative Visa Cost

The total cost of the visa is AUD 6,490. However, you have to pay the visa cost in two instalments:

• The first instalment is AUD4,425.00.
• The second instalment is AUD2,065.

You also have to pay fees for every additional family member who applies with you for a remaining relative visa.

How Long Does It Take to Get a Remaining Relative Visa?

The waiting period after your visa application is put in a queue may take up to 50 years. As of February 2021, the Department of Home Affairs is processing remaining relative visas with a queue date up to August 2 of 2011.

Australia Remaining Relative Visa Validity

A remaining relative visa is a permanent visa- valid indefinitely. However, this visa has a travel expiry date which ends after five years. This means that if you want to travel out of the country after the travel facility expires, you have to apply for a resident return visa.

A resident return visa will allow you to travel freely for another five years without damaging your permanent residence status. If you don’t want to use an RRV visa, then you may apply for citizenship- if you are eligible.

Can My Second Cousin Sponsor Me for a Relative Visa?

No, only near relatives can sponsor you for a relative visa. Near relatives include your parent, step-parent, sibling, step-sibling, or the partner of one of these relatives.

Applying With Family Members for a Remaining Relative Visa

You can apply with family members who belong to your family unit which includes:

• Your spouse or partner.
• You or your partner’s minor child.
• You or your partner’s adult dependent child.
• You or your partner’s grandchild (adult or dependent).

What Is the Difference Between Subclass 115 and 835?

The difference is that subclass 115 is issued to applicants out of Australia, while subclass 835 is issued for applicants within Australia. This means that you are not eligible for subclass 835 if you are out of the country. However, you must be in Australia under a valid visa if you want to apply for subclass 835.

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If you are sponsoring a relative to get the orphan relative visa, your relative has to submit evidence that they genuinely need you to care for them when they apply for the visa.

Eligibility Criteria for an Orphan Relative Visa

To qualify for this visa, the child must:

• Be a minor under 18 years of age.
• Be single with no partner or in a relationship.
• Have a sponsor in Australia who is an Australian citizen, permanent resident, or an eligible New Zealand citizen.
• Have permission to move to Australia.

Sponsor Eligibility for an Orphan Relative Visa

You can sponsor your relative to come to Australia with an orphan visa if you are an Australian citizen, permanent resident, or New Zealand eligible citizen and:

• You are their sibling or step-sibling.
• You are their grandparent or step-grandparent.
• You are their aunt or uncle, or step-equivalent.

The sponsorship must be approved by the Immigration office, if there is a history of crimes involving children, related to or your partner, the sponsorship won’t be accepted.

Parental Consent

For your relative to get this visa, they must have explicit permission to travel to Australia. This includes having written consent from everyone who has a legal right to decide where the child lives or the child’s country laws allow them to move from their home country.

Parental consent is also valid if there is a court order allowing the child to move; the court order must be admissible in Australia. Please keep in mind that this visa won’t be issued if the parents can care for the child, but do not want to.

Documents Required for an Orphan Visa

When applying for an orphan relative visa, your relative must provide the following:

• The applicant must submit a copy of their passport or a copy of a valid travel document.
• Identity documents. Other identification documents may be required, such as a copy of their national identity card, or certificates showing their name change (if applicable).
• Orphan visa application form. Your relative must fill in the visa application form so they can add it with the rest of their application.
• Sponsorship documents. As a sponsor, you must provide the applicant with a filled-in form 40HC, so they can attach it to their application.
• Four visa photographs. There should be four visa photographs with high quality and full-face view. The pictures have to be taken in the last six months.
• Proof that the child needs you to take care of them. The applicant needs to submit proof that they have no parents to take care of them. They can include death certificates or other certificates that show why the parents are unable to care for the child, or documents showing that the parents are missing.
• Evidence of your familial relationship with your relative. The applicant must submit proof that you are related to the applicant, this can include a birth certificate, marriage certificate, adoption papers or a family book.
• Proof of good character. Applicants over 16 must provide form 80 along with other documents showing proof that they are not under investigation.
• Dependents under 18 documents. If any dependents under 18 are applying with the applicant, they should provide their identification documents, proof of relationship with the child and any other required documents.

Orphan Relative Application Process

This visa is a paper-based application, this means that your relative must send the application by post or courier. They cannot apply online or go in person to apply – the visa office addresses are found in the application form.

Before your relative sends the visa application, they have to pay the visa fee first and attach the receipt with their application. The visa fee has to be paid online, through ImmiPayments in the ImmiAccount.

How Long Does It Take to Get an Orphan Relative Visa?

Most orphan relative visas are processed within 54 months, but some applications can be finalized in 45 months. The processing time changes on a case-by-case basis, it all depends on how complete the visa request was at the time of application.

Orphan Relative Visa Fees

An orphan relative visa costs AUD Moldova

Applying on Behalf of Your Relative

Your relative can get help with their visa application. For example, they could appoint you as a correspondent for every type of information related to the visa process, or they could get in touch with a migration agent to help them with an orphan visa application.

To do either of these, your relative should fill in and include either form 956a, or form 956 with their visa application, to show that someone is helping them with the application.

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