Family Visa to Australia
There are several different types of visa which form the Family Migration Stream. A brief overview of the most common family visas is set out below.
Partner Migration
In order to apply for a spouse, de facto, prospective spouse (fiancé) or interdependent visa, you must demonstrate that:
• you are sponsored by an Australian citizen or permanent resident or an eligible New Zealand citizen
• your relationship is continuing and continuing, and where applicable:
• you have been living together for at least 12 months (de facto visa); or
• you intend to be married during the next 9-12 month period (prospective spouse visa)
• you meet health and character criteria
All visas granted under the Partner category are provisional for two years. During this two year period you have unlimited work rights and are entitled to Medicare.
Towards the end of the provisional two year period, you will be required to provide new evidence which shows that your relationship is still genuine and continuing. Once this fresh evidence is accepted, you will be granted permanent residence.
To discuss your eligibility to migrate to Australia under the Partner category, please contact us .
Parent Migration
In order to apply under the Parent category, you must demonstrate that you meet the “balance of family” test. In order to pass this test, at least half of your children must be permanently resident in Australia OR you must have more children permanently resident in Australia than in any other country.
The following children are counted in the balance of family test:
• children of you and your spouse (if applicable), including children of previous marriages or de facto relationships, including adopted and step-children, and children in institutions;
• children of you and your spouse (if applicable), whether they are dependent or self-supporting, single married or divorced; and
• children whose whereabouts are unknown, or cannot be verified, are counted as being in their parents' country of usual residence.
Prior to March 2003, there was essential one type of parent visa category which saw applicants placed in a queue once they had met all the basic requirements of the Parent visa. At the end of May 2003, there were over 16,000 parents in the queue which means that they will experience a substantial wait before their visa is granted.
Following changes which were introduced in March 2003, new visa categories were greated which require parents to make a higher contribution to their future health and welfare and costs. There new visas are known as the “contributory parent visa classes.” The contributory parent visa classes offer an additional 3,500 visa places each year.
In all cases, you will also be required to meet health and character requirements as part of this visa process.
To learn more about the Parent category, and to discuss your eligibility for migration to Australia , please contact us .
Remaining Relative
In order to apply as a Remaining Relative, you are required to demonstrate that you are the last relative (of your immediate family) who is situated overseas.
More specifically, you must be able to show that:
• you have no close family ties outside Australia; and
• you are the brother, sister, child or step equivalent of an Australian citizen, permanent resident or eligible New Zealand citizen who is usually resident in Australia and is over the age of 18; and
• you and your spouse do not have a “near relative” (see definition below); and
• if you and your spouse do have a near relative who resides in a different country to yourself (other than Australia), neither you or your spouse have any any contact with that realtive for at least three years; and
• you and your spouse together do not have more than three near relatives who reside anywhere (excluding those located in Australia).
A “near relative” is defined as:
• a parent
• a brother or sister
• a minor child who is not in your daily care and control
• an adult child who is not dependent on your
• step equivalents of the above list.
You will also be required to satisfy health and character criteria in order to be eligible for the visa.
As you can see, the criteria for this visa can be quite confusing and may be difficult to demonstrate in the absence of detailed advice, particularly if you have a near relative that you have not spoken to for several years. Please contact us to discuss your personal situation.
Other Family Migration
There are several other visa classes which allow for aged dependent relatives, dependent children and carers of Australian citizens, permanent residents or eligible New Zealand citizens to apply for permanent residence to Australia .
To learn more about your eligibility for migration to Australia under these categories, please contact us .
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