Family Migration to Australia: Partner Visa & Citizenship
For many families with roots in Australia, the thought of moving Down Under is a lifelong dream. It’s a vision of a new lifestyle, better opportunities, and being closer to relatives. But turning that dream into a reality involves navigating a complex migration system where the most obvious path isn’t always the most effective one.
This is the story of how a family of four, established for decades in the UK, successfully planned their permanent move to Australia by looking beyond the conventional options but through a comprehensive family migration plan.
Disclaimer: The information in this article is for general guidance only and is not intended as legal advice. Immigration laws and policies change regularly, and individual circumstances can significantly impact visa eligibility and outcomes. If you are considering applying for a visa or are unsure about your situation, it’s best to seek advice from an Australian legal practitioner.
Flow Migration Law provides tailored legal advice for families navigating the Australian immigration process. Book a consultation if you’d like personalised support.
Video Case Study: Over 45? How This UK Family Moved to Australia (Without a Work Visa)
Before diving into the detailed breakdown, you can watch the real-life case study this article is based on. In this video, In this video, I break down a real case study from our files. We helped a UK family, where the primary earner was an accountant over 45, completely pivot their strategy. They moved away from the restrictive work visa route and utilised a specific provision in the Partner Visa program to secure immediate Permanent Residency.
The Family’s Situation: A Life Built in the UK
Our clients’ story began with a common cross-cultural connection. The husband, an Australian citizen by birth, had moved to the UK for work years ago. It was there he met his future wife, a UK citizen. Their relationship blossomed, leading to an engagement, marriage and eventually, a family with two children, all born and raised in the United Kingdom.
After 24 years of marriage and building a life entirely in the UK, with only occasional trips to Australia to visit family, they decided it was time for a change. They were drawn by the prospect of better career opportunities for the wife, an experienced accountant, and the lifestyle and schooling Australia could offer their children.
The question wasn’t why they wanted to move, but how.
(The first step in any migration journey is understanding the right pathway for your family’s unique situation.)
The Challenge: Finding the Most Sensible Pathway
When they reached out to us, their primary concern was finding a strategic pathway that was both cost-effective and suited their unique family structure.
The wife was initially interested in a skilled work visa. As an accountant, she had a profession in demand. We discussed this option, but a key limitation quickly became apparent: her age. Being over 45, the direct pathways to permanent residency through skilled migration become significantly more restricted.
While a temporary work visa sponsored by an Australian business was a possibility, it would require her to first find a suitable employer willing to sponsor her. Then, the journey to permanency would likely involve working for approximately two years, with the final outcome dependent on factors like her salary and the specific characteristics of her employment. This route presented a great deal of uncertainty and a much longer timeline.
It was clear we needed to explore a more direct approach.
(The ‘obvious’ path, like a skilled work visa, isn’t always the most effective one when age limits and other factors are considered.)
The Solution: A Two-Pronged Family Visa Options
Given her 24-year marriage to an Australian citizen, we shifted our focus to family visa options. This opened up a far more straightforward and fitting solution. We developed a two-pronged strategy: one for the applicant wife and a separate, more advantageous one for the children.
1. For the Wife: A Partner Visa Supported by a Lifetime of Evidence
The Partner visa was the ideal fit. A marriage of 24 years and two children together provides a powerful foundation for this type of application. The evidence was substantial. They owned a home together, shared finances, and had a rich history that demonstrated a deeply interwoven life.
The “Double Grant”: Because they had been married for well over three years, their application was eligible for a “double grant“. This is where the Department of Home Affairs grants both the temporary (subclass 309) and the permanent (subclass 100) partner visas at the same time. This outcome meant she would become a permanent resident immediately upon the visa grant, bypassing the usual two-year waiting period.
This pathway was not only stronger but also provided the clarity the work visa route lacked.
2. For the Children: The Direct Path of Citizenship by Descent
Instead of including the children as dependents on their mother’s partner visa application, we identified a much better option: Australian Citizenship by Descent.
Because their father was an Australian citizen by birth, his children born overseas were eligible to become Australian citizens themselves.
Key Advantages:
Direct Citizenship: This wasn’t a visa. It was a direct path to becoming a citizen. They would have the right to an Australian passport and could live, work, and study in Australia indefinitely from day one.
Cost and Time Effective: The application process for Citizenship by Descent is typically faster and less expensive than including dependents on a partner visa.
Apply from Anywhere: Importantly, they could apply for and be granted citizenship from the UK before ever setting foot in Australia. This allowed the entire family to coordinate their move seamlessly.
(For children of Australian citizens born overseas, Australian Citizenship by Descent can be a faster and more direct route to a new life in Australia.)
The Outcome: Migrate to Australia With Family
The strategy was a complete success. The mother’s partner visa received the anticipated double grant, making her a permanent resident immediately. In parallel, both children successfully obtained their Australian citizenship and were issued their Australian passports.
The family was thrilled. They could now plan their move together, not as a collection of visa applicants with different conditions, but as a family of Australian citizens and a permanent resident.
(A successful outcome: The mother’s permanent partner visa and the children’s Australian citizenships by descentwere granted, allowing the family to move forward together.)
Key Lessons from This Family’s Journey
Your Family Ties Are a Powerful Asset: For those with an Australian partner or parent, family migration pathways can often be more direct and secure than skilled or work visas.
Look Beyond the Obvious: The most visible pathway (like a work visa for a skilled professional) may not be the most suitable one for your specific circumstances, especially when age limits are a factor.
A Strategic Approach Saves Time and Money: Identifying the Citizenship by Descent option for the children saved the family significant application fees and processing time, granting the children greater rights from the outset.
If you and your family are considering a permanent move to Australia and you or your partner is an Australian citizen, a well-planned strategy is fundamental.
Navigating the various visa and citizenship options requires a thorough understanding of immigration law. Our role is to analyse your family’s unique situation and map out the most logical and effective route.
If your situation is complex or you simply want to ensure you are starting on the right foot, reach out to our principal migration lawyer, Jay, who has over 8 years of dedicated experience in Australian immigration law. You can email him directly at jays@flowmigrationlaw.com.au to book a consultation.
FAQ: Family Migration to Australia
❓What is a partner visa “double grant”? A “double grant” refers to a situation where the Department of Home Affairs grants both the temporary partner visa (subclass 820 or 309) and the permanent partner visa (subclass 801 or 100) at the same time. This is generally considered for couples who are in a “long-term relationship” at the time of application, typically defined as being together for three years or more, or two years if there is a child of the relationship. It allows the applicant to become a permanent resident without the usual two-year waiting period.
❓My children were born outside of Australia. Can they become Australian citizens? If at least one parent was an Australian citizen at the time of a child’s birth, the child will likely be eligible for Australian Citizenship by Descent. This is a direct application for citizenship and is often a more advantageous pathway than applying for a child visa.
❓I am over 45. Does this mean I can’t migrate to Australia? While the age limit of 45 is a significant factor for most points-tested skilled migration visas, it is not a barrier for other visa types. As this case study shows, family visas, such as the partner visa, do not have an age limit for the applicant. Some employer-sponsored work visas also have age exemptions, though they often come with other strict requirements.
❓What is Australian Citizenship by Descent? It is a process for individuals born outside Australia to acquire Australian citizenship if one or both of their parents were Australian citizens at the time of their birth. The application is processed by the Department of Home Affairs and, if successful, the person becomes an Australian citizen and is entitled to an Australian passport.
❓Do we need to be in Australia to apply for a partner visa or citizenship? Not necessarily. The Partner visa has both onshore (subclass 820/801) and offshore (subclass 309/100) streams. In this case, the family applied from the UK using the offshore stream. Similarly, an application for Citizenship by Descent can be made from anywhere in the world.
❓Why was it better for the children to apply for citizenship instead of being on the partner visa? There are several reasons. Citizenship is a higher status than a visa, granting full rights immediately. The application process is often faster and has a lower government fee than adding dependent children to a partner visa application. Finally, it simplifies the family’s future travel and administrative processes, as the children hold Australian passports from the start.
Jay Son is the Founder of Flow Migration Law and an Australian Immigration Lawyer with over 8 years of experience helping couples and families navigate the Australian partner visa and all family immigration processes. He works closely with each client to simplify the legal complexities and provide clear and strategic guidance tailored to their unique journey.
Jay is also a strong Migration Advocate and is highly experienced in challenging government decisions in relation to Australian immigration law, solving difficult migration matters and visa problems including the ART appeals, visa refusals, visa cancellations, Schedule 3 submissions, health waivers and character concerns.
(The first step in any migration journey is understanding the right pathway for your family’s unique situation.)
