Sponsored Family/Partner Visas

Partner Visa
This visa enables applicants who are either married, in a de facto relationship with an Australian or Permanent Resident, or eligible New Zealand citizen to immigrate to Australia. This visa is available to both same sex and opposite sex couples.

About This Visa

This visa enables applicants who are either married, in a de facto relationship with an Australian or Permanent Resident, or eligible New Zealand citizen to immigrate to Australia. This visa is available to both same sex and opposite sex couples.

Temporary and Permanent Visa Application

This application is a combined application for both a temporary and permanent visa.  Successful applicants will be granted the temporary visa (subclass 820 in Australia, subclass 309 out of Australia). 2 years from the date of visa application applicants will be eligible for a permanent visa (subclass 820 or subclass 100), if their relationship is still ongoing and your partner continues to sponsor you. Once granted, this visa will allow you to stay in Australia with full work rights as well as access to Medicare. Applicants may also travel freely in an out of Australia.

Gaining Permanent Residence

After the 2 years, the Department of Immigration will decide whether to grant a Permanent Partner Visa. At this stage, applicants will be asked for current evidence of their relationship.

It is possible to move directly to a permanent visa without waiting 2 years where the applicant is in a ‘long standing’ partner relationship. Meaning the applicant:

  • Has been in a relationship with their partner for three years or more at the time of application; or
  • Has been in a relationship for two years where there are dependent children or the relationship; or
  • Where the partner has been granted a permanent visa under the humanitarian program or has been granted a protection visa and was in the relationship with the applicant before the visa was granted and the relationship was declared to the DIMP at the time of application.

Relationship Breakdowns

If the relationship breaks down before permanent residency is granted, the applicant may be eligible for permanent residency may be granted where:

  • The partner has died since the visa application was lodge; or
  • The applicant and their Australian partner have children under the age of 18 and the applicant has access rights; or
  • The applicant or their dependents have been subject to family violence during this period.

Who can apply?

To apply, applicants must establish that they are in a genuine married or de facto relationship and that the applicant and their partner have a genuine commitment to a shared life together to the exclusion of all others. The applicant must either live together or not live apart full-time.

An applicant who is in a de facto relationship must live with their partner for 12 months or have registered their relationship in the State in which they live.

The Department of Immigration will assess the relationship on the following aspects, including:

  • Cohabitation Evidence: and
  • Financial Interdependence; and
  • Social Evidence; and
  • The nature of the commitment.

Before a decision to grant the visa is made the applicant must provide full health and police checks. If the applicant has a medical condition they should acquire a waiver of the usual health requirements but submissions will need to be made.

How can Aston Legal help you?
Partner Visa applications are tested rigorously by the DIBP and are regularly refused due to lack of evidence, inconsistent information or just being poorly prepared. You know your relationship is genuine but the job at hand is to establish this to the DIBP case officer.
Aston Legal has the expertise to handle the most complex cases and achieve the best outcomes in circumstances where the applicant would have failed had they applied without our support.

What to do next

To get the right advice, contact us for a consultation with one of our specialist advisors.

Tel: (02) 9635 3777
Request a free callback
Email: info@astonlegal.com.au

Parent Visa
Australian citizens or permanent residents can sponsor their Parent(s) for Australian permanent residence through Parent Visas.

About This Visa
Australian citizens or permanent residents can sponsor their Parent(s) for Australian permanent residence through Parent Visas.

Who can apply?

  • Parents must be sponsored by a child who is an Australian citizen or permanent resident.
  • The child must have been lawfully residing in Australia for at least 2 years.
  • The parent must satisfy the balance of family test, meaning that the total number of children permanently resident in Australia must be the same as or more than the number of their children living outside Australia or more than the largest number of children living in any single country other than Australia.
  • An assurance of support must be paid.
  • Parent Categories

The Australian government has introduced “contributory” parent visa categories, which require the payment of a high application fee to cover medical expenses
Types of contributory parent visa:

Parent Visa:

  • Must be lodged outside of Australia.
  • The visa charge in comparatively low but the processing time is very long.

Aged Parent Visa:

  • Must be lodged in Australia.
  • Applicant (parent) must be in Australia and will be granted a bridging visa to remain in Australia until the visa is processed.
  • The visa charge is relatively low.

Contributory Parent:

  • A permanent visa which allows applicants over 65 (aged parent).
  • Costs almost $50,000 per parent.
  • Generally processed within 2 years of initial application.

Contributory Parent (Temporary) to Permanent:

  • This visa allows you to split the cost of applying for a Contributory Permanent Visa over 2 stages.
  • It is around half the cost of the contributory parent visa.
  • It enables applicants to apply within the 2 year visa period for a permanent contributory parent visa.

How can Aston Legal help you?

Parent visas can be refused for several reasons. The Parent visa application has strict criteria which must be met and there are very few waiver provisions for the age, English language and skill requirements.

To satisfy these requirements, it is essential that all applications are assessed, structured and lodged in a way that meets all applicable DIBP law and policy. Aston Legal has the expertise to handle the most complex cases and achieve the best outcomes in circumstances where the applicant would have failed had they applied without our support.

What to do next

To get the right advice, contact us for a consultation with one of our specialist advisors.

Tel: (02) 9635 3777
Request a free callback
Email: info@astonlegal.com.au

Prospective Marriage Visa (subclass 300)
The Prospective Marriage Visa – Subclass 300 visa allows applicants to enter Australia to marry their fiancé who is an Australian citizen, eligible New Zealand citizen or permanent resident spouse within 9 months of the date the visa is granted.

Applicant must have met their spouse and know them personally (including arranged marriages) and genuinely intend to marry their fiancé as well as intend to live with them as husband and wife. Your partner must also be approved to sponsor the applicant to come to Australia.

About This Visa
The Prospective Marriage Visa – Subclass 300 visa allows applicants to enter Australia to marry their fiancé who is an Australian citizen, eligible New Zealand citizen or permanent resident spouse within 9 months of the date the visa is granted.

Applicant must have met their spouse and know them personally (including arranged marriages) and genuinely intend to marry their fiancé as well as intend to live with them as husband and wife. Your partner must also be approved to sponsor the applicant to come to Australia.
Who can apply?

Applicants must:

  • Have a genuine intention to marry their fiancé;
  • Have a genuine intention to live as husband and wife;
  • Both the applicant and their fiancé must be over the age of 18.

 Exclusions:

There are several criteria that may prevent applicants from being granted the subclass 300 visa where:

  • The sponsor has previously sponsored a partner on a similar visa category;
  • The sponsor has previously been sponsored on a partner visa themselves; or
  • There have been conviction or charges for offences against children.

How can Aston Legal help you?

Prospective Marriage (subclass 300) visas can be refused for several reasons. Prospective Marriage (subclass 300) visa applications have strict criteria which must be met and there are very few waiver provisions for the age, English language and skill requirements.

To satisfy these requirements, it is essential that all applications are assessed, structured and lodged in a way that meets all applicable DIBP law and policy. Aston Legal has the expertise to handle the most complex cases and achieve the best outcomes in circumstances where the applicant would have failed had they applied without our support.

What to do next

To get the right advice, contact us for a consultation with one of our specialist advisors.

Tel: (02) 9635 3777
Request a free callback
Email: info@astonlegal.com.au

Child visa (subclass 802)
A Child visa (subclass 802) lets a parent, who is either an Australian citizen, Australian permanent resident or an eligible New Zealand citizen to sponsor their child to live in Australia indefinitely. The parent can apply on behalf of a child younger than 18 years of age.

About This Visa

A Child visa (subclass 802) lets a parent, who is either an Australian citizen, Australian permanent resident or an eligible New Zealand citizen to sponsor their child to live in Australia indefinitely. The parent can apply on behalf of a child younger than 18 years of age.
The child must be in Australia when the application is lodged and when the visa is granted.

This visa allows the child to:

  • Reside in Australia indefinitely;
  • Work and Study in Australia;
  • Enrol in Medicare;
  • Apply for Australian citizenship;
  • Sponsor eligible relatives for permanent residence;
  • Travel to and from Australia for a period of 5 years from the date the visa is granted.

How can Aston Legal help you?

Child visas (subclass 802) can be refused for several reasons. Child visa (subclass 802) applications have strict criteria which must be met and there are very few waiver provisions for the age, English language and skill requirements.

To satisfy these requirements, it is essential that all applications are assessed, structured and lodged in a way that meets all applicable DIBP law and policy. Aston Legal has the expertise to handle the most complex cases and achieve the best outcomes in circumstances where the applicant would have failed had they applied without our support.

What to do next

To get the right advice, contact us for a consultation with one of our specialist advisors.

Tel: (02) 9635 3777
Request a free callback
Email: info@astonlegal.com.au

Aged Visas (subclasses 804 and 838)
Aged Parent visa (subclass 804)

The Aged Parent visa (subclass 804) allows older parents to live in Australia indefinitely. Applicants must be the parent of an Australian citizen, permanent resident or eligible New Zealand citizen residing in Australia.

Aged Dependent Relative visa (subclass 838)

The Aged Dependent Relative visa (subclass 838) allows some older people who meet the age requirements to stay in Australia if they rely on an eligible relative in Australia to provide financial support. Applicants must be in Australia when they lodge their application and must remain until the visa is granted.

Aged Visas (subclasses 804 and 838)

Aged Parent visa (subclass 804)
About This Visa
The Aged Parent visa (subclass 804) allows older parents to live in Australia indefinitely. Applicants must be the parent of an Australian citizen, permanent resident or eligible New Zealand citizen residing in Australia.

Most applicants must be sponsored by their child. The sponsor needs to have lawfully resided in Australia for 2 years prior to the application being lodged. Applicants must be in Australia when they apply and remain until the visa is decided.

This visa allows applicants to:

  • Live in Australia as a permanent resident;
  • Work and study in Australia;
  • Enrol in Medicare;
  • Apply for Australian citizenship;
  • Sponsor eligible relatives for permanent residence;
  • Travel to and from Australia for 5 years from the date the visa is granted.

Aged Dependent Relative visa (subclass 838)
About This Visa
The Aged Dependent Relative visa (subclass 838) allows some older people who meet the age requirements to stay in Australia if they rely on an eligible relative in Australia to provide financial support. Applicants must be in Australia when they lodge their application and must remain until the visa is granted.
This visa allows applicants to:

  • Live in Australia as a permanent resident;
  • Apply for Australian citizenship;
  • Travel to and from Australia for 5 years from the date the visa is granted.

Contributory Aged Parent (Temporary) visa (subclass 884)
About This Visa
The Contributory Aged Parent (Temporary) visa (subclass 884) allows older parents to live in Australia for up to 2 years if they are the parents of an Australian citizen, permanent resident or eligible New Zealand citizen residing in Australia.

This visa is temporary and cannot be extended or renewed. Once approved, applicants have two years to apply for a Permanent Contributory Aged Parent visa (subclass 864). This allows applicants to spread the costs of the Contributory Aged Parent migration over several years.

The sponsor needs to have lawfully resided in Australia for 2 years prior to the application being lodged. Applicants must be in Australia when they apply and remain until the visa is decided.

This visa allows applicants to:

  • Temporarily live is Australia for two years;
  • Work and study in Australia;
  • Enrol in Medicare

How can Aston Legal help you?

Aged Visas (subclasses 804 and 838) can be refused for several reasons. Aged Visa (subclasses 804 and 838) applications have strict criteria which must be met and there are very few waiver provisions for the age, English language and skill requirements.

To satisfy these requirements, it is essential that all applications are assessed, structured and lodged in a way that meets all applicable DIBP law and policy. Aston Legal has the expertise to handle the most complex cases and achieve the best outcomes in circumstances where the applicant would have failed had they applied without our support.

What to do next

To get the right advice, contact us for a consultation with one of our specialist advisors.

Tel: (02) 9635 3777
Request a free callback
Email: info@astonlegal.com.au

Carer Visas (subclasses 116 and 836)
Carer visa (subclass 116)

A Carer visa (subclass 116) is a permanent visa for people who want to live in Australia to provide substantial and continuing care or assistance for a relative who either:

  • Suffers from a long-term medical condition which prevents them from looking after themselves; or
  • Needs permanent or long-term support to help them care for a family member in their household with such a medical condition.

Carer visa (subclass 836)

A Carer visa (subclass 836) is a permanent visa for people who want to live in Australia to provide substantial and continuing care or assistance for a relative who either:

  • Suffers from a long-term medical condition which prevents them from looking after themselves; or
  • Needs permanent or long-term support to help them care for a family member in their household with such a medical condition.
Carer visa (subclass 116)

About This Visa
A Carer visa (subclass 116) is a permanent visa for people who want to live in Australia to provide substantial and continuing care or assistance for a relative who either:

  • Suffers from a long-term medical condition which prevents them from looking after themselves; or
  • Needs permanent or long-term support to help them care for a family member in their household with such a medical condition.

The family member must not be able to reasonably obtain the care they need from any other relative or welfare, hospital, nursing or community services in Australia.

The Carer visa (subclass 116) is a permanent visa. Applications must be made outside Australia. Applicants and other family members included as applicants must be outside Australia when it is granted.
Carer visa (subclass 836)
About This Visa
A Carer visa (subclass 836) is a permanent visa for people who want to live in Australia to provide substantial and continuing care or assistance for a relative who either:

  • Suffers from a long-term medical condition which prevents them from looking after themselves; or
  • Needs permanent or long-term support to help them care for a family member in their household with such a medical condition.

The family member must not be able to reasonably obtain the care they need from any other relative or welfare, hospital, nursing or community services in Australia.

The Carer visa (subclass 836) is a permanent visa. Applications must be made outside Australia. Applicants and other family members included as applicants must be outside Australia when it is granted.
These visas allow:

  • Applicants to reside in Australia indefinitely as an Australian permanent resident;
  • Applicants to apply for Australian citizenship (if eligible);
  • Travel to and from Australia as a permanent resident for up to 5 years from the date the visa is granted.

How can Aston Legal help you?

Carer Visas (subclasses 116 and 836) can be refused for several reasons. Carer Visa (subclasses 116 and 836) applications have strict criteria which must be met and there are very few waiver provisions for the age, English language and skill requirements.

To satisfy these requirements, it is essential that all applications are assessed, structured and lodged in a way that meets all applicable DIBP law and policy. Aston Legal has the expertise to handle the most complex cases and achieve the best outcomes in circumstances where the applicant would have failed had they applied without our support.

What to do next

To get the right advice, contact us for a consultation with one of our specialist advisors.

Tel: (02) 9635 3777
Request a free callback
Email: info@astonlegal.com.au

Remaining Relative visa (subclass 835)
The Remaining Relative visa (subclass 835) is a permanent visa for people who want to live in Australia to be with their close family members. Applicants must apply in Australia and remain until a decision is made.

About This Visa
The Remaining Relative visa (subclass 835) is a permanent visa for people who want to live in Australia to be with their close family members. Applicants must apply in Australia and remain until a decision is made.
This visa allows applicants to:

  • Live in Australia indefinitely as an Australian permanent resident;
  • Apply for Australian citizenship (if eligible);
  • Travel to and from Australia as a permanent resident for 5 years from the date the visa is granted.

How can Aston Legal help you?

Remaining Relative (subclass 835) visas can be refused for several reasons. Remaining Relative (subclass 835) visa applications have strict criteria which must be met and there are very few waiver provisions for the age, English language and skill requirements.

To satisfy these requirements, it is essential that all applications are assessed, structured and lodged in a way that meets all applicable DIBP law and policy. Aston Legal has the expertise to handle the most complex cases and achieve the best outcomes in circumstances where the applicant would have failed had they applied without our support.

What to do next

To get the right advice, contact us for a consultation with one of our specialist advisors.

Tel: (02) 9635 3777
Request a free callback
Email: info@astonlegal.com.au

Skilled Independent (subclass 189)
This visa allows points-tested skilled workers who do not have a sponsorship from an employer or family member, or who have not been nominated by a State or Territory, to live and work in Australia as a permanent resident with full work rights.

This visa allows you to include your spouse, de facto or same-sex partner, dependent children and other dependent family members in your application provided they can show that they meet the necessary health and character requirements.

Who can apply?

Applicants must:

  • Lodge an Expression of Interest via SkillSelect and receive an invitation from the Department of Immigration before application;
  • Be between the age of 18 and 49;
  • Pass the score specified in your letter of invitation based on the skilled migration points test;
  • Possess competent English skills; and
  • Meet the health and character requirements.

How can Aston Legal help you?

Skilled Independent (subclass 189) visas can be refused on several grounds. The Skilled Independent (subclass 189) visa application has strict criteria which must be met and there are very few waiver provisions for the age, English language and skill requirements.

To satisfy these requirements, it is essential that all applications are assessed, structured and lodged in a way that meets all applicable DIBP law and policy. Aston Legal has the expertise to handle the most complex cases and achieve the best outcomes in circumstances where the applicant would have failed had they applied without our support.

What to do next

To get the right advice, contact us for a consultation with one of our specialist advisors.

Tel: (02) 9635 3777
Request a free callback
Email: info@astonlegal.com.au

Skilled Nominated (subclass 190)
This visa is for points-tested skilled workers who have been nominated by an Australian State or Territory, to live, work and study in Australia indefinitely.

This visa also allows an individual to travel in and out of Australia for up to 5 years; sponsor eligible relatives for permanent residence and enrol in Medicare.

About This Visa
This visa is for points-tested skilled workers who have been nominated by an Australian State or Territory, to live, work and study in Australia indefinitely.

This visa also allows an individual to travel in and out of Australia for up to 5 years; sponsor eligible relatives for permanent residence and enrol in Medicare.

Who can apply?
Applicants must:

  • Lodge an Expression of Interest via SkillSelect and receive an invitation from the Department of Immigration before application;
  • Be nominated by an Australian State or Territory government agency;
  • Pass the score specified in your letter of invitation based on the skilled migration points test;
  • Possess competent English skills;
  • Be between the age of 18 and 49;
  • Meet the necessary health and character requirements; and
  • Pass the skills assessment in an occupation listed on the Skilled Occupations List.

How can Aston Legal help you?

Skilled Nominated (subclass 190) visas can be refused on several grounds. The Skilled Nominated (subclass 190) visa application has strict criteria which must be met and there are very few waiver provisions for the age, English language and skill requirements.
To satisfy these requirements, it is essential that all applications are assessed, structured and lodged in a way that meets all applicable DIBP law and policy. Aston Legal has the expertise to handle the most complex cases and achieve the best outcomes in circumstances where the applicant would have failed had they applied without our support.

What to do next

To get the right advice, contact us for a consultation with one of our specialist advisors.

Tel: (02) 9635 3777
Request a free callback
Email: info@astonlegal.com.au

Skilled Nominated or Sponsored Provisional (subclass 489)
The Skilled-Regional Provisional visa (subclass 489) is for skilled workers and their families to live, work and study in specified regional areas in Australia for up to four years.

About This Visa
The Skilled-Regional Provisional visa (subclass 489) is for skilled workers and their families to live, work and study in specified regional areas in Australia for up to four years.
This visa has two pathways:

  • The Invited Pathway
  • The Extended Stay Pathway

Who can apply?

Applicants must:

  • Be nominated by an Australian State or Territory government agency or an eligible family member living in a designated area;
  • Lodge an Expression of Interest via SkillSelect and receive an invitation from the Department of Immigration before application;
  • Pass the score specified in your letter of invitation based on the skilled migration points test (currently 60);
  • Possess competent English skills;
  • Be aged below 50; and
  • Meet the required health and character requirements.

If nominated (Invited Pathway), an individual is required to live for 2 years and have gainful employment for up to 12 months in a regional growth area to be suitable for permanent residence.

Individuals sponsored by a family member can qualify for permanent residence through the Skilled Regional Subclass 887 visa if they live for up to 2 years and have gainful employment for up to 12 months in a regional growth area.

Family member sponsors must:

  • Live in a designated regional growth area
  • Be either, an Australian citizen, permanent residence or eligible New Zealand citizen

How can Aston Legal help you?

Skilled Nominated or Sponsored Provisional (subclass 489) visas can be refused for several reasons. The Skilled Nominated or Sponsored Provisional (subclass 489) visa application has strict criteria which must be met and there are very few waiver provisions for the age, English language and skill requirements.

To satisfy these requirements, it is essential that all applications are assessed, structured and lodged in a way that meets all applicable DIBP law and policy. Aston Legal has the expertise to handle the most complex cases and achieve the best outcomes in circumstances where the applicant would have failed had they applied without our support.

What to do next

To get the right advice, contact us for a consultation with one of our specialist advisors.

Tel: (02) 9635 3777
Request a free callback
Email: info@astonlegal.com.au

Skilled Regional (subclass 887)

About this visa

The Skilled Regional visa (subclass 887) is for individuals who currently hold an eligible sponsor or nomination visa and have lived for a minimum of 2 years and had gainful employment for at least 12 months in a specified regional area.
This visa grants an individual full work and study rights in Australia and applicants may include family members in their application provided they also meet the requirements.

Who can apply?
Applicants must:

    • Lodge the application while in Australia;
    • Have held one of the following visas for two years before their application:
      • Skilled Regional (Provisional) visa (subclass 489);
      • Skilled Independent Regional (Provisional) visa (subclass 495);
      • Skilled Designated Area Sponsored (Provisional) visa (subclass 496);
      • Skilled Regional Sponsored visa (subclass 475 or 487);
      • Bridging visa A; or
      • Bridging visa B after applying for a subclass 495, 487 or 489 visa.
    • Have lived in a specified regional area of Australia for a minimum of two years;
    • Have worked full-time (at least 35 hours per week) for at least 12 months; and
    • Meet the required health and character requirements.

How can Aston Legal help you?

Skilled Regional (subclass 887) visas can be refused for several reasons. The Skilled Regional (subclass 887) visa application has strict criteria which must be met and there are very few waiver provisions for the age, English language and skill requirements.

To satisfy these requirements, it is essential that all applications are assessed, structured and lodged in a way that meets all applicable DIBP law and policy. Aston Legal has the expertise to handle the most complex cases and achieve the best outcomes in circumstances where the applicant would have failed had they applied without our support.

What to do next

To get the right advice, contact us for a consultation with one of our specialist advisors.

Tel: (02) 9635 3777
Request a free callback
Email: info@astonlegal.com.au

Graduate Work Visa (subclass 485)

About This Visa

The Temporary Graduate visa (subclass 485) allows an individual to temporarily live, study and work in Australia after they finish their studies. Individuals may only access this visa subclass as a primary applicant once.
This visa grants an individual unrestricted work rights in Australia and the ability to include family members in the application.
This visa has two streams:

  • The Graduate Work Streamis for international students who graduate with skills and qualifications relating to an occupation on the Skilled Occupation List and have an eligible qualification.  Visas in this steam last for 18 months from date of grant.
  • The Post-Study Work Streamis for international students who graduate with a higher education degree from an Australian educational institution regardless of field of study.  It is available to students who were granted their first student visa to Australia on or before 5 November 2011 and can last for up to a maximum of four years from the date it is granted depending on the applicant’s qualifications.

Who can apply?

Applicants must:

  • Have met the Australian study requirement within the last six months;
  • Possess competent English skills;
  • Hold an eligible visa;
  • Meet the required health and character requirements;
  • Possess Australian health insurance;
  • Meet the requirements of the appropriate stream;
  • Be less than 50;
  • Reside in Australia at the time of application.

How can Aston Legal help you?

Graduate Work Visa (subclass 485) visas can be refused for several reasons. The Graduate Work Visa (subclass 485) visa application has strict criteria which must be met and there are very few waiver provisions for the age, English language and skill requirements.

To satisfy these requirements, it is essential that all applications are assessed, structured and lodged in a way that meets all applicable DIBP law and policy. Aston Legal has the expertise to handle the most complex cases and achieve the best outcomes in circumstances where the applicant would have failed had they applied without our support.

What to do next

To get the right advice, contact us for a consultation with one of our specialist advisors.
Tel: (02) 9635 3777
Request a free callback
Email: info@astonlegal.com.au