Family Visa

Important changes ahead:

The new sponsored family visa and approval of family sponsor changes commence on 17 April 2019. We have been notified that these changes will NOT affect Partner visas on 17 April 2019 and that current arrangements will continue to operate.

At this stage, there is no time-frame for expansion of the new sponsorship framework to other family visas and therefore the current arrangements for existing visas, including partner visas, will continue to operate from 17 April 2019.

At this stage the new changes to sponsored family visa’s, scheduled to commence on 17 April 2019 will only be implemented for the new sponsored Parent (Temporary) 870 visa.

Once the above changes roll out to Partner visas it would mean that Sponsorships must be lodged first and approved before Partner visas can be lodged. If you are planning to apply for a Partner visa we recommend booking an appointment to discuss and understand how these changes may impact you.

Features

The Partner visas (subclasses 309 and 100) allow the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizenlive in Australia.

The temporary Partner (Provisional) visa (subclass 309) is granted first and lets you stay in Australia while the permanent Partner (Migrant) visa (subclass 100) is processed.

Eligibility

You must be married or in a de facto relationship with:

• an Australian citizen
• an Australian permanent resident
• an eligible New Zealand citizen.

Your marriage must be valid under Australian law. This means you must have parental permission if you are 16 or 17 years of age.

You must have been in a de facto relationship for at least 12 months.

Features

This visa allows people to come to Australia to marry their fiancé.

If you are granted this visa, you should marry your fiancé and apply for a Partner (subclasses 820 and 801)visa before your Prospective Marriage visa (subclass 300) expires.

Eligibility

You must:

• intend to marry
• have met and know your prospective spouse
• be the opposite sex to your prospective spouse (same-sex couples can apply for a Partner visa)
• be at least 18 years of age.

The purpose of the Prospective Marriage visa is to allow the fiancé(e) of an Australian citizen, permanent resident or eligible New Zealand citizen to travel to Australia in order to be married. The marriage must take place within nine months of the visa grant date, following which the applicant is eligible to apply for a Partner visa. The minimum requirements for this visa are as follows:

PROSPECTIVE MARRIAGE VISA REQUIREMENTS

Relationship

You and your fiancé(e) must:

• be at least 18 years old, and not be closely related
• be free to marry one another
• genuinely intend to get married within nine months of the visa grant date (the marriage may take place either in Australia or overseas)
• have physically met, and be personally known to each other
• genuinely intend to live together as a married couple

Sponsor

Your sponsor must:

• be an Australian citizen, permanent resident or eligible New Zealand citizen
• not have previously sponsored more than one other fiancé, partner or spouse for migration to Australia, and not have sponsored a fiancé, spouse or partner for migration to Australia within the last 5 years (unless there are compelling circumstances)
• not have been sponsored for a Spouse, Partner or Prospective Marriage visa by someone else within the last 5 years (unless there are compelling circumstances)
• provide police checks to the department when requested, and
• consent to the department disclosing any conviction for a “relevant offence” to the applicant(s) you are sponsoring.

Your sponsorship will not be approved if you have a conviction for a relevant offence and a substantial criminal history. A relevant offence includes, but is not limited to offences involving violence, intimidation, breaching a protection order, people smuggling, human trafficking and weapons.

Overview

This visa lets you:

• stay in Australia indefinitely
• work and study in Australia
• enrol in Medicare, Australia’s scheme for health-related care and expenses
• sponsor eligible relatives for permanent residence
• travel to and from Australia for five years
• apply for Australian citizenship(once residence requirements have been met)

Features

This visa lets parents of a settled Australian citizen, permanent resident or eligible New Zealand citizen live in Australia temporarily.

If you are granted this visa and want to stay in Australia permanently, you can then apply for a Contributory Parent visa (subclass 143).

Applying for this temporary subclass 173 visa before the permanent subclass 143 visa lets you spread the costs of your migration over a number of years.

Overview

This visa lets you:

• live in Australia for up to 2 years
• work and study in Australia (you will not receive government support)
• travel to and from Australia for 2 years
• apply for a permanent Contributory Aged Parent (subclass 864) visa
• You must be at the age where you are eligible for an Age Pension in Australia (65 years old)

The Australian Aged Parent visa allows older parents who are already on temporary visas to live in Australia permanently if their child is an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia.

There is currently a long queue in processing this particular visa where waiting times of up to 13 years before this visa is approved. Eligible aged parents may want to apply for the Contributory Aged Parent visa, however that visa will incur a larger application fee and an Assurance of Support bond will be required under this stream.

If you have one or more children living in Australia, you might be eligible to apply for an Australia parent visa (subclass 103).

This visa is suitable for the parent or parents of a child/step-child who is a settled Australian citizen, settled permanent resident, or settled eligible New Zealand citizen. If granted, this visa will allow the parent or parents to permanently migrate to Australia to join their children.

Whether you qualify for this visa depends on a number of factors, such as:

• residence status of your child(ren) in Australia
• the amount of time the sponsoring child has lived in Australia
• whether you meet the balance of family test
• whether you meet certain health and character criteria

Features

This visa allows a child who is outside Australia to come to Australia to live with their parents.

Eligibility

The child must be single.

Special age requirements apply.

Length of stay

Permanently

Cost

From AUD 2,415

Adoption Visa: This visa allows an overseas adopted child to live with their adoptive parents in Australia.

AN ADOPTIVE PARENT MUST BE:

• An Australian citizen
• The holder of an Australian permanent resident visa
• An eligible New Zealand citizen
• The child must be outside Australia when the application is lodged and when the visa is granted.

THIS VISA IS FOR CHILDREN:

• Outside Australia when the application is lodged and when the visa is granted
• Younger than 18 years old
• Already adopted or in the process of being adopted
• sponsored by an adoptive parent or prospective adoptive parent

Features

This visa allows someone outside Australia whose only near relatives are living in Australia to live in Australia as a permanent resident.

Eligibility

• Your (and your partner’s) relatives in Australia must be your only near relatives.
• must have someone who will provide an assurance of support.

Length of stay

Permanently

Cost

From AUD 3,945

Who could get this visa

You might be eligible for this visa if:

• your (and your partner’s) only near relatives live in Australia
• an eligible near relative or their partner will sponsor you and all family members included as applicants in your application
• you have someone who will provide an assurance of support
• you and your family members meet health and character requirements.

You should not apply for this visa unless you believe you are likely to be successful, because the visa application charge will not usually be refunded if your application is refused or withdrawn.

Who is your near relative

Your near relative is your parent or your partner’s parent (including biological and step-parent), brother, sister, stepbrother or stepsister; child (including stepchild) who has turned 18 and is not a dependent child; or child (including stepchild) who has not yet turned 18 years of age and is not in your or your partner’s daily care and control.

We do not consider how much contact you have with near relatives when we make a decision about whether you are a remaining relative.

Who is your sponsor

Your sponsor must be your parent, brother, sister, stepbrother or stepsister or one of their partners. They must agree to give you support, accommodation and financial assistance for your first two years of residency in Australia. This agreement includes any family members included as applicants in your application.

Your sponsor must be:

• 18 years of age or older; and
• settled in Australia
• an Australian citizen
• an Australian permanent resident or
• an eligible New Zealand citizen .

When you might not be eligible for this visa

Do not apply for this visa if:

• you or your partner have any near relatives, who are usually living outside Australia, or are only living in Australia on a temporary visa, Bridging visa or unlawfully.
• your sponsor (or their partner) was the holder of, or sponsored someone else for, a Remaining Relative visa (subclass 835 or subclass 115), Preferential Family visa (subclass 104) or Family visa (subclass 806).

Health

You must meet certain health requirements. The results are usually valid for 12 months. Do not arrange a health examination until we ask you to.

This also applies to all the members of your family unit included in your application, whether they are migrating or not.

Character

You must meet certain character requirements. You must be prepared to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. Do not arrange for police certificates until we ask you to.

This also applies to all members of your family unit listed in your application, whether they are migrating or not.

Sign the Australian Values Statement

If you are 18 years of age or older, you must sign an Australian Values Statement to confirm that you will respect the Australian way of life and obey Australian laws. The statement is included in the visa application form. You must have read, or had explained to you, the Life in Australia book before you sign the statement.

Debts to the Australian Government

You must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government before this visa can be granted.