Keith Mack
If you are an Australian citizen or permanent resident, you can sponsor your mother-in-law to visit or live in Australia. The type of visa you should apply for will depend on the relationship you have with your mother-in-law, whether you want her to live in Australia temporarily or permanently, and your residency status in Australia. For example, if you are sponsoring your mother-in-law to join you in Australia temporarily, you can apply for a Subclass 600 Visitor Visa. However, if you are sponsoring your mother-in-law to live in Australia permanently, you may need to apply for a different visa, such as a Subclass 115/Subclass 835 Remaining Relative Visa or a Subclass 114 Aged Dependent Relative Visa. It is important to note that the visa application process can be complex and time-consuming, and you may need to meet certain requirements, such as providing financial support and accommodation for your mother-in-law during her stay.
| Characteristics | Values |
|---|---|
| Sponsoring relative to Australia | Must be an Australian citizen or permanent resident |
| Must be at least 18 years old | |
| Must be able to pay a security bond (ranging from $5,000 to $15,000 per person) | |
| Must provide housing and financial support for the first two years | |
| Sponsored relative | Must be under 45 years old |
| Must have a positive skills assessment | |
| Must have competent English skills | |
| Must meet health and character requirements | |
| Visa options | Subclass 600 Visitor visa – Sponsored Family Stream |
| Subclass 491 Skilled Work Regional (Provisional) visa – Family Sponsored | |
| Subclass 115/ Subclass 835 Remaining Relative Visa | |
| Contributory Parent Visa Subclass 864 | |
| Non-Contributory Parent Visa, Subclass 804 | |
| Processing time | Generally 3-6 months, but can take up to 30 years for aged dependent relative visas |
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What You'll Learn
Sponsoring an in-law: who can be a sponsor?
Sponsoring an in-law to visit or migrate to Australia is possible, but there are several requirements and visa options to consider. Firstly, to sponsor a relative to Australia, the sponsor must be an Australian citizen or permanent resident, at least 18 years old, and able to provide financial support for the sponsored relative. This includes paying a security bond, if requested by the Department, which can range from $5,000 to $15,000 per person. The sponsor must also agree to provide housing and financial support for the relative for the first two years of their stay in Australia.
In terms of the specific relationship of sponsoring an in-law, the options may vary. For those looking to sponsor their mother-in-law, a Visitor Visa Subclass 600 under the Sponsored Family Stream is an option. However, it is important to note that the sponsor cannot be an in-law, cousin, or friend. In the case of a mother-in-law, the sponsor's spouse could be the main sponsor. This visa allows the sponsored relative to visit Australia for up to 12 months. During this time, they can visit family or friends, travel, and study for up to three months, but they cannot work.
For those looking to sponsor an aged dependent relative, such as a parent or parent-in-law, the Subclass 114 visa is an option. This 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 defined as someone 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 receive an age pension in Australia.
Other visa options for sponsoring relatives to Australia include the Subclass 491 Skilled Work Regional (Provisional) visa, which allows eligible skilled workers and their families to live, work, and study in designated regional areas for five years. After three years, visa holders can apply for a Permanent Residence visa. Additionally, there are partner visas available for spouses, de facto partners, or fiancés of Australian citizens or permanent residents. These include the provisional onshore subclass 820/801 and offshore subclass 309/100 visas, as well as the prospective partner visa subclass 300 for fiancés.
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Subclass 600 Visitor Visa
To sponsor a relative to Australia, you must be an Australian citizen or permanent resident and be at least 18 years old. As a sponsor, you must also have the ability to pay a security bond if asked by the Department. The amount for the security bond is discretionary but usually ranges between $5,000 and $15,000 per person.
The Subclass 600 Visitor Visa – Sponsored Family Stream is suitable if you plan to invite your relatives to visit Australia for up to 12 months. With this visa, the family member can visit family or friends, travel within Australia, and study for up to 3 months. It is important to note that the applicant cannot work on this visa.
To apply for a Subclass 600 Visitor Visa, you must complete Form 1149 - Application for Sponsorship. According to this form, you cannot be a sponsor if you are the applicant's fiancé, in-law, cousin, or friend. Therefore, you cannot sponsor your mother-in-law, but your spouse can.
There are several other visas that allow you to bring your mother-in-law to Australia. For example, if you have the financial resources, you may be able to get a contributory visa for your mother-in-law more quickly. Some visas for bringing parents to Australia require that a balance of family test be met. This requires that at least half of the parent's children, including any step-children, live in Australia or that there are more children living in Australia than in any other country.
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Subclass 115/ Subclass 835 Remaining Relative Visa
As an Australian citizen or permanent resident, you can sponsor your mother-in-law to come to Australia. However, you cannot be the sponsor if you are the applicant's in-law; your spouse will have to be the sponsor.
The Subclass 115/ Subclass 835 Remaining Relative Visa is a permanent visa that allows the applicant to move to Australia to be with their only close relative. The subclass 115 visa is for applicants who are overseas, while subclass 835 is for applicants already in Australia.
To be eligible, you must be sponsored by an eligible parent or step-parent, sibling or step-sibling, or an eligible partner of your relative. You must not have other near relatives. 'Near relatives' are defined as:
- Parent or step-parent
- Partner's parent or step-parent
- Sibling or step-sibling
- Child or stepchild who is 18 or older and not dependent on you
- Child or stepchild who is under 18 and not in your or your partner's daily care and control
The department does not consider how much contact you have with near relatives when deciding whether you are a remaining relative. You must be able to obtain an assurance of support, which assures the department that you will not rely on government assistance after entering Australia. This assurance is for you and any family members who come to Australia with you.
As a sponsor, you must agree to provide housing and financial support for the first two years the applicant lives in Australia. You must also be able to pay a security bond if asked by the Department. The amount for the security bond is discretionary but usually ranges between $5,000–$15,000 per person.
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Subclass 491 Skilled Work Regional Visa
To sponsor your mother-in-law to Australia, you must be an Australian citizen or permanent resident and be at least 18 years old. You must also be able to pay a security bond, which can range from $5,000 to $15,000 per person.
The Subclass 491 Skilled Work Regional (Provisional) Visa is a temporary visa that allows skilled workers and their families to live, work, and study in designated regional areas of Australia for up to five years. This visa has replaced the Subclass 489 visa. It provides a pathway to permanent residency, and visa holders will be eligible to apply for a Permanent Residence visa after three years. Applicants must be nominated by an Australian state or territory government agency or sponsored by an eligible family member residing in a designated regional area.
To be eligible for this visa, applicants must meet the following requirements:
- Age requirement: Applicants must be under 45 years old.
- Skills assessment: Applicants must have a positive skills assessment and demonstrate competent English language skills.
- Occupation: The applicant's occupation must be on the MLTSSL list.
- Health and character requirements: Applicants must pass health and character requirements.
- Regional employment: Applicants must live, work, and study in a designated regional area. Some outer suburbs of Melbourne are considered regional for migration purposes. Graduates from Victorian education institutions are exempt from the regional employment requirement.
- Victorian graduates: If you are a graduate from a Victorian education institution and hold a Student (subclass 500) or Temporary Graduate (subclass 485) visa, you are eligible for Victorian nomination for the Subclass 491 visa.
- Expression of Interest (EOI): Applicants must submit an EOI to the Australian Government's Department of Home Affairs using SkillSelect and receive an invitation to apply.
It is important to note that the Subclass 491 visa is point-tested, and applicants typically need around 90 to 100 points to be competitive. Additionally, applicants must provide sufficient evidence for the information claimed in their Registration of Interest (ROI).
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Sponsoring an in-law: what are the costs?
Sponsoring an in-law to come to Australia can be a lengthy and costly process. The subclass 600 Visitor Visa – Sponsored Family Stream is suitable if you plan to invite your relatives to visit Australia for up to 12 months. However, it's important to note that the applicant cannot work on this visa.
The subclass 491 visa is another option, which enables eligible skilled workers and their families to live, work, and study in designated regional areas of Australia for up to five years. Visa holders can apply for a Permanent Residence visa after three years. Applicants must be nominated by an Australian state or territory government or sponsored by an eligible family member residing in a designated regional area. This visa is point-tested, and the applicant must have at least 65 points, but it is highly competitive, and around 90-100 points may be needed.
The subclass 115/subclass 835 is a remaining relative visa. Subclass 115 is for applicants who are overseas, while subclass 835 is for applicants already in Australia. This visa is a permanent visa that allows the applicant to move to Australia to be with their only close relative.
The costs of sponsoring an in-law can generally be broken down into three categories:
- Department fees: These are paid to the Australian Government for sponsorship, nomination, and visa application fees.
- Legal and professional fees: These will apply if you choose to be assisted by migration lawyers or agents. While this is an additional expense, it can be worthwhile as the refusal of an application generally does not allow for a refund of any Department fees paid.
- Additional costs: These include health assessments, police clearance certificates, and English language tests. Regional visas may have lower costs to encourage workers and employers to consider regional areas.
It's important to note that you must be an Australian citizen or permanent resident to sponsor an in-law. You must be at least 18 years old and able to pay a security bond if asked by the Department. The bond amount is discretionary but usually ranges from $5,000 to $15,000 per person.
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Frequently asked questions
Yes, you can sponsor your mother-in-law for a short-term stay in Australia with a Subclass 600 Visitor Visa. This visa allows your mother-in-law to visit family or friends, travel within Australia, and study for up to three months out of a total stay of up to 12 months. However, it's important to note that your mother-in-law won't be allowed to work during her stay.
To sponsor your mother-in-law for a short-term visit, you must be an Australian citizen or permanent resident and at least 18 years old. You'll also need to provide financial support for her expenses and accommodation during her stay. Additionally, you may be required to pay a security bond, which can range from $5,000 to $15,000 per person.
Yes, you can sponsor your mother-in-law for permanent residency in Australia with a Subclass 114 Aged Dependent Relative Visa. To be eligible, your mother-in-law must not have a spouse or de facto partner, must have been dependent on you for a reasonable period and remain dependent, and must be old enough to receive an age pension in Australia.
To sponsor your mother-in-law for permanent residency, you must be an Australian citizen or permanent resident, or an eligible New Zealand resident. Additionally, you'll need to demonstrate that you have the financial resources to support your mother-in-law and provide ongoing substantial care and support during her stay in Australia.
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