A family sponsored visa Australia enables you to sponsor an eligible family member for either a temporary, provisional or permanent visa to Australia. A provisional visa, such as the family sponsored visa Australia 491, is also a temporary visa which provides a pathway to permanent residence. As a sponsor, you are required to take on certain obligations in relation to your family member, which will vary depending on the visa subclass granted. But the general over-arching requirement for all sponsors is to ensure that their family member is supported during their initial settlement in Australia, such that they do not become a charge on the Australian community. For temporary sponsored family visas, the sponsor must ensure that their family member will comply with their visa conditions and depart Australia at the end of their visit.
There are several family sponsored visa Australia options that your family member may like to consider applying for, depending on their circumstances, goals and needs. To qualify for a visa, your family member would be required to meet the prescribed valid visa lodgement and grant requirements. Part of this assessment process also involves confirming that you too satisfy the requirements which apply to the sponsor for the visa being applied for.
So which family members you can sponsor for a family sponsored visa Australia? Some common FAQs on family sponsored visas to Australia include:
‘Can I sponsor my brother to Australia?’
‘Can I sponsor my sister to Australia?’
‘Can i sponsor my cousin to Australia?’
Who you can sponsor will depend on the visa subclass being applied for.
Sponsorship requirements vary across the various family sponsored visa subclasses, but the most common aspects include:
- The prescribed degree of your relationship with your family member (e.g. partner, parent or child);
- Your Australian immigration status (e.g. whether you are an Australian citizen or permanent resident, or an eligible New Zealand citizen);
- The circumstances relating to your residence in Australia (e.g. whether you are settled and/or usually resident in Australia);
- Sponsorship bars and limitations may apply (e.g. restrictions are imposed on the number of times you can act as a sponsor for a partner or prospective marriage visa);
- Your age (generally you are required to be at least aged 18); and
- You may also be required to satisfy a character requirement.
The main types of family sponsored visa Australia options are listed below:
- Partner and prospective marriage visas;
- Parent visas;
- Child visas;
- Aged Dependant Relative, Remaining Relative, Carer and Orphan Relative visas;
- Visitor visa; and
- Skilled regional visa.
In this article, we provide an overview of the various types of family sponsored visa Australia options available and the key aspects that apply to each type of application.
Family Sponsored Visa Australia
Partner And Prospective Marriage Visa
A Partner visa is designed for applicants who are either in a married or de facto relationship with an Australian citizen or permanent resident, or an eligible New Zealand citizen, and who are seeking to settle in Australia permanently with their partner. It comprises the following visa subclasses:
- Subclass 820/801 Partner visa (onshore application); and
- Subclass 309/100 Partner visa (offshore application).
A partner visa provides a pathway to permanent residence via a two-stage process. It involves first lodging a combined application for a temporary and permanent visa. If approved, the visa applicant will be able to live in Australia temporarily whilst the Department of Home Affairs (the Department) processes their permanent residence visa application. Two years following lodgement, the applicant must submit further evidence to confirm that they remain in a married or de-facto relationship with their Australian partner and are therefore eligible for grant of the permanent residence visa (in addition to other requirements including health and character criteria). Also be aware that de facto relationships are subject to additional de-facto eligibility requirements.
For this type of application, as the Australian partner of the visa applicant, you will be required to sponsor the applicant for the visa. This means you will need to lodge a separate sponsorship application and submit specified documents to the Department as part of the visa application process.
For applicants who are engaged to be married to an Australian citizen or permanent resident, or an eligible New Zealand citizen, they may consider applying for a Subclass 300 Prospective Marriage visa. This provides a pathway to permanent residence and involves a 3-stage process.
The first step is to apply for a temporary subclass 300 visa offshore. If this application is successful, the applicant will be able to travel to and reside in Australia for a period of up to 9 months (unless the Minister prescribes a specific date, which may be between 9 and 15 months from the visa grant date) to marry their Australian partner. Once married, they may then apply for a partner visa onshore (the Subclass 820/801 Partner visa noted above).
Significant changes affecting the partner visa application process for partner and prospective marriage visa applications are imminent. Once implemented, sponsorships will need to be approved before the visa application can be lodged (currently, the visa and sponsorship applications can be lodged at the same time and approved simultaneously). This will have a major impact on the timing of lodgement of these applications and will thus require careful planning by the visa applicant and sponsor. Due to the complexity of this process, we highly recommend that you seek professional immigration advice if you are considering applying for a partner or prospective marriage visa.
Parent Visa
A Parent visa enables you to sponsor your parent/s to live in Australia, with both temporary and permanent residence visa options available. As a sponsor, you generally need to be aged 18 years or over and have resided in Australia for a minimum period of two years before application lodgement.
The visa applicant must meet a Balance of Family test, which requires that at least half of their children are Australian citizens or permanent residents, or eligible New Zealand citizens (the child must be usually resident in Australia in some cases). Your parent must also meet health and character requirements to qualify for visa grant.
If your parent is applying for a permanent residence parent visa, they must also have an Assurance of Support (AOS) for the visa to be granted. The AOS is a legal commitment from a person or organisation to provide financial support to the visa applicant, to ensure that they do not need to rely on social security payments. As a sponsor, you may provide an AOS for your parent’s application.
The visa options available within the parent visa class are listed below:
- Subclass 103 Parent visa (offshore permanent residence visa application);
- Subclass 173 Contributory Parent (Temporary) visa (offshore 2-year temporary visa application);
- Subclass 143 Contributory Parent visa (permanent residence visa which can be applied for either onshore or from outside Australia);
- Subclass 804 Aged Parent visa (onshore permanent residence visa application);
- Subclass 884 Contributory Aged Parent (Temporary) visa (onshore temporary residence visa application); and
- Subclass 864 Contributory Aged Parent visa (onshore permanent residence visa application).
Temporary Parent Visa Options
- Subclass 173 Contributory Parent (Temporary) visa (2-year temporary visa);
- Subclass 884 Contributory Aged Parent (Temporary) visa (2-year temporary visa); and
- Subclass 870 Sponsored Parent (Temporary) visa (a long-term temporary visa with a maximum cumulative stay period of 10 years).
Permanent Parent Visa Options
- Subclass 103 Parent visa;
- Subclass 143 Contributory Parent visa;
- Subclass 804 Aged Parent visa; and
- subclass 864 Contributory Aged Parent visa.
The parent visa class can involve significant wait times for processing of the application, in some cases up to 30 years (such as the subclass 103 and 804 visas). For faster processing times, your parent may consider applying for a Contributory visa (i.e. subclass 173, 143, 884 or 864 visa). But be aware that these applications require payment of a higher visa application lodgement fee.
The long-term Subclass 870 Sponsored Parent (Temporary) visa can be a great long-term temporary option, which enables a child to sponsor their parent for either a three or five year stay in Australia, with the option to later reapply (for a maximum 10-year cumulative stay period).
Child Visa
The Child visa class comprises both permanent and temporary visa options. Permanent child visas are designed to allow eligible children to live permanently in Australia with their parents. A temporary Dependent Child visa enables a child to temporarily reside in Australia whilst the Department processes the parent’s permanent Partner visa application.
The following visas are available under this category:
- Subclass 101 Child visa (offshore permanent residence visa application);
- Subclass 802 Child visa (onshore permanent residence visa application); and
- Subclass 445 Dependent Child visa (temporary residence visa application which can lodged either onshore or from outside Australia).
To be eligible for a Child (subclass 101 or 802) visa, the child must generally be under 18 years of age (there are exceptions for dependent full-time students and disabled children). The child must also not be engaged to marry or have a current, or previous, a spouse or de-facto partner.
A child visa requires sponsorship by either the parent/step-parent of the child, or by the parent/step-parent’s cohabiting spouse or de facto partner. In both cases, the sponsor must be an Australian citizen or permanent resident, or an eligible New Zealand citizen. The sponsor must also be aged at least 18 years of age. For the onshore subclass 802 child visa, the application can alternatively by supported by a State or Territory government welfare authority (in which case, sponsorship by a parent is not required. Special provisions apply to such cases).
The Department may also request that an AOS be provided for the applicant before grant of the visa.
The purpose of the Subclass 445 Dependent Child visa is to enable an eligible child to reside in Australia as their parent awaits processing of their permanent Partner visa application. Once the subclass 445 visa has been granted, the child is to be added to their parent’s permanent Partner visa application.
The be eligible, the child must be a dependent child of the visa holder, which is defined to mean a child or step-child, who is not married/engaged to be married or in a de facto relationship, who is aged under 18. If the child has turned 18, they must be wholly or substantially financially reliant on the parent or have a disability and therefore be unable to work.
The child must be sponsored by the same person who sponsored their parent for their Partner visa application.
Aged Dependant Relative, Remaining Relative, Carer And Orphan Relative Visa
Visa subclasses contained within this category are as follows:
- Subclass 114 Aged Dependent Relative visa;
- Subclass 115 Remaining Relative visa;
- Subclass 116 Carer visa; and
- subclass 117 Orphan Relative visa.
All visa subclasses noted above are permanent residence visas and each application must be lodged from offshore.
The Subclass 114 Aged Dependent Relative visa enables an Australian citizen or permanent resident, or eligible New Zealand resident, to sponsor an eligible relative to permanently reside in Australia. An aged dependent relative is a person who does not have a spouse or de facto partner; has been dependent on the sponsor for a reasonable period and remains dependent; and is old enough to be granted an age pension in Australia. A relative for this purpose is a child, sibling, grandparent/grandchild; aunt/uncle; niece/nephew (including step equivalents). So in this instance, ‘can I sponsor my brother to Australia,’ or ‘can I sponsor my sister to Australia?’ The answer is yes, provided all other requirements are satisfied. But ‘can I sponsor my cousin to Australia?’ for the subclass 114 visa? The answer is no as they do not fall within the relevant definition.
This application requires sponsorship by the Australian relative who is aged 18 year or over, and who is a settled Australian citizen or permanent resident, or eligible New Zealand citizen. The applicant may also be sponsored by the cohabitating spouse or de facto partner of the Australian relative, provided they too are aged at least 18 and are a settled citizen or permanent resident of Australia, or eligible New Zealand citizen.
The Subclass 115 Remaining Relative visa is designed for eligible applicants to live in Australia where these family members are their only remaining close family members. It requires sponsorship of the visa applicant by an eligible parent or step-parent, sibling or step-sibling, or an eligible partner of their relative. The visa applicant or their partner must also not have a near relative who usually resides outside Australia. The sponsoring Australian relative must be aged at least 18 and they must be a settled Australian citizen or permanent resident, or eligible New Zealand citizen and must also be usually resident in Australia. So in this instance, ‘can I sponsor my brother to Australia,’ or ‘can I sponsor my sister to Australia?’ The answer is yes, provided all other requirements are satisfied. But ‘can I sponsor my cousin to Australia?’ for the subclass 115 visa? The answer is no as they do not fall within the relevant definition.
The Subclass 116 Carer visa enables eligible applicants to live in Australia for the purpose of caring for an eligible Australian relative with a medical condition for which they require, for at least 2 years, direct assistance in their daily life. The applicant must be sponsored by an Australian relative or by their cohabitating spouse or dependent partner, must be aged at least 18 and be an Australian citizen or permanent resident, or eligible New Zealand citizen. So in this instance, ‘can I sponsor my brother to Australia,’ or ‘can I sponsor my sister to Australia?’ The answer is yes, provided all other requirements are satisfied. But ‘can I sponsor my cousin to Australia?’ for the subclass 116 visa? The answer is no as they do not fall within the relevant definition.
The Subclass 117 Orphan Relative visa enables an eligible child to reside in Australia with their relative in circumstances where the child’s parents have passed away, cannot care for the child as they are permanently incapacitated, or cannot be located. It requires sponsorship by the Australian relative or their cohabitating spouse or de facto partner, who has turned 18 and who is a settled Australia citizen or permanent resident, or eligible New Zealand citizen. The applicant must be aged under 18 and not be married or in a de facto relationship. So in this instance, ‘can I sponsor my brother to Australia,’ or ‘can I sponsor my sister to Australia?’ The answer is yes, provided all other requirements are satisfied. But ‘can I sponsor my cousin to Australia?’ for the subclass 117 visa? The answer is no as they do not fall within the relevant definition.
Visitor Visa
For a shorter-term visit to Australia, you may consider sponsoring your family member for a Subclass 600 Visitor visa under the Sponsored Family stream. This visa is designed for applicants who are seeking to visit Australia as a tourist or for other recreation-type activities such as for a holiday/sightseeing, social/recreational activities, to visit relatives/friends, or to study for less than three months. Acceptable reasons for visiting Australia when applying for this visa stream do not include business or medical treatment purposes.
A relative for this purpose is as an Australian citizen or permanent resident who is a parent, spouse, de facto partner, child, brother or sister of the applicant.
To qualify, the applicant must intend to stay temporarily in Australia for the purpose for which the visa is granted and they must have (or have access to) adequate means to financially support themselves for the period of their stay in Australia.
The applicant must be sponsored by a settled Australian citizen or a settled Australian permanent resident, who is aged at least 18. Settled generally means residing lawfully in Australia for a minimum period of two years. The sponsor must also be an eligible relative.
An eligible relative for this purpose is a:
- spouse
- de facto partner
- child
- parent
- brother
- sister
- step-child
- step-brother
- step-sister
- grandparent
- grandchild
- aunt
- uncle
- niece
- nephew
- step-grandparent
- step-grandchild
- step-aunt
- step-uncle
- step-niece
- step-nephew
And so in the case of a subclass 600 visa under the sponsored family stream, to answer the question, ‘can I sponsor my brother to Australia,’ or ‘can I sponsor my sister to Australia?’ The answer is yes, provided all other requirements are satisfied.
The Department may request a security bond for the visa to be granted. Also be aware that a visitor visa granted under the family sponsored stream will include a condition stipulating that the applicant cannot be granted a substantive visa, other than a protection visa, while they remain in Australia.
As a sponsor under the Sponsored Family stream, if the visa applicant fails to comply with all visa conditions to which their visitor visa is subject, you will be subject to a bar for sponsoring another visitor to Australia for five years (this bar can only be removed in very limited circumstances).
A visitor visa under the Sponsored Family stream will generally be granted for a period of three months. If the visa applicant is seeking a longer stay period, this must be requested in the application, with appropriate supporting documentation provided confirming that they seek a genuine temporary stay in Australia. A 12-month visa term will only be granted in exceptional circumstances.
Skilled Regional Visa
You may be able to sponsor an eligible family member for a Subclass 491 Skilled Work Regional (Provisional) visa if are usually resident in a designated regional area of Australia. The family sponsored visa Australia 491 is a provisional temporary points-based visa which would enable your eligible family member to live and work (and where applicable, study) in a designated regional area of Australia for up to five years. It also provides a pathway to permanent residence after three years if specified requirements are met.
As a sponsor, you must be aged at least 18 years of age and be an Australian citizen or permanent residence visa holder, or an eligible New Zealand citizen and be related to the primary visa applicant (or to their spouse or de facto partner, if they are also applying for the visa).
Eligible relatives are set out below:
- a parent;
- a child or step-child;
- a brother, sister, adoptive brother, adoptive sister, step-brother or step-sister;
- an aunt, uncle, adoptive aunt, adoptive uncle, step-aunt or step-uncle;
- a nephew, niece, adoptive nephew, adoptive niece, step-nephew or step-niece;
- a grandparent; or
- a first cousin.
And so in the case of a family sponsored visa Australia 491 under the family sponsored stream, to answer the question, ‘can I sponsor my brother to Australia,’ or ‘can I sponsor my sister to Australia?’ or ‘can I sponsor my cousin to Australia?’ The answer is yes, provided all other requirements are satisfied.
The sponsor must provide a signed undertaking to assist their sponsored family member, to the extent necessary, financially, with accommodation and to participate in an Adult Migrant English Program (AMEP) English language program for two years.
To qualify for the family sponsored visa Australia 491, requirements to be met by your family member include an age-based limit, a positive skills assessment for a nominated skilled occupation and an English language requirement. They must also achieve a minimum score of 65 points in a points test.
To apply for a family sponsored visa Australia 491, the applicant must first submit an Expression of Interest (EOI) to the Department. Subject to receiving an invitation, they can then proceed to apply for the visa itself.
Get More Information
Partner Visa
To learn more about applying for a partner visa, including the eligibility and evidentiary requirements, we recommend that you refer to the following articles.
300 Prospective Marriage Visa (Partner)
Partner Visa Sponsor Requirements
What are the requirements for a spouse visa in Australia
How to bring your wife to Australia on a genuine partner visa
Top 5 reasons why partner visas are refused
How to be approved as a partner visa sponsor?
Bridging visas for partner visa applicants
What evidence should I provide?
What case officers look for in a partner visa application?
Overview – Partner Visa Australia
Are you eligible to apply for a de facto partner visa in Australia
A Detailed Guide on De Facto Visa Application
Register your de facto relationship in South Australia
Overview of Onshore Australian Partner Visa Schedule 3
Why partner visa applications are so tough
Partner Visa Application Process
Marrying An Australian To Get Residency
Wife Visa Australia Requirements
Evidence Of Genuine And Continuing Relationship
Immigration Sponsorship Bar Policy
Differences Between Permanent And Provisional Partner Visas
We also recommend that you refer to our articles on the Partner Visa Changes and Australia Partner Visa Changes for a detailed discussion of the changes that have been proposed to partner visas, which could have very significant implications for partner visa applicants in the future.
Parent Visa
To learn more about the sponsored temporary parent visa, and parent visas generally, please refer to our articles below.
870 Visa For Long Term Parents Applications
Sponsored Parent Visa 870 Details
5 Or 10 Year Parent Visa Australia
Key Criteria to qualify for a Parent Visa
You can also use our Parent Visa Assessment tool to check whether you might qualify for a subclass 870 visa.
Skilled Regional Visa
For further information on the subclass 491 visa, please see the following articles:
New Skilled Regional Visas to be introduced
Further Regulations released for the new regional sponsored visas to commence from 16 November 2019
Applications for the new provisional regional sponsored visas are now open
Regional Sponsor Migration Scheme
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Contact us to book a no-obligation consultation to obtain tailored advice on your eligibility for a family sponsored visa Australia, including a family sponsored visa Australia 491, and to answer the questions ‘can I sponsor my brother to Australia?,’ ‘can I sponsor my sister to Australia?,’ or ‘can i sponsor my cousin to Australia?.’
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In conclusion, we note that the above discussion provides an overview of the various types of family sponsored visa Australia options available and the key aspects that apply to each type of application. Australia’s migration laws are complex, and each case is different. There are also several terms which are defined in the migration provisions (and whose meanings may differ from their ordinary usage). We recommend that you seek professional advice if you are seeking to apply for a family sponsored visa Australia, including a family sponsored visa Australia 491, as being fully informed about the process and requirements that apply will give you the best chance of achieving a successful outcome on your application, and thus lessen the chance that it will be refused. A migration professional can help you to do this.
As noted earlier in this article, significant changes affecting sponsorship for partner visa applications are imminent. The effect of these changes will be to increase the complexity involved in applications requiring sponsorship approval and will require very careful planning to formulate an effective visa pathway which meets the goals and needs of the visa applicant and sponsor.
For up to date advice on a family sponsored visa Australia, including a family sponsored visa Australia 491, book your confidential consultation with a migration agent in Adelaide. PAX Migration Australia is a leading immigration advice service based in Adelaide.
