MIGRATION FAMILY

Partner Visas
Prospective Marriage VISA (SUBCLASS 300)

This visa allows you to enter Australia and marry your intended spouse within the visa validity period of 9 months.

Your spouse must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, is over 18 years old and undertakes sponsorship obligations.

Who is eligible for a Prospective Marriage Visa?

The main purpose of applying for this visa is to allow you to come to Australia and then marry your intended spouse and live as husband and wife. You must genuinely intend to marry your prospective spouse. You must also genuinely intend to live with your prospective spouse as husband and wife.

Benefits of the Prospective Marriage Visa

With this visa, you must enter Australia before you marry your potential spouse, may leave and re- enter Australia as many times as you wish before your visa ceases (nine (9) months after visa grant), can work in Australia, can apply for a Spouse visa in Australia after you marry, can study, but you will not have access to government funding and may use Australia’s medical expenses and hospital care assistance scheme, Medicare, but only if you are in Australia and have already applied for a Spouse visa.

Other Requirements for a Prospective Marriage Visa

  • You must be able to legally marry according to Australian law. This means you must be aged 18 years or over. If you are aged 16 years or over but less than 18 years, you must have an Australian court order allowing you to marry your intended spouse or you must both be of marriageable age at time of the intended marriage.
  • Your future spouse in Australia can be aged under 18 years if have an Australian court order allowing him/her to marry you. In these circumstances, their parent or guardian must be your sponsor and they must be an Australian citizen, a permanent resident or eligible New Zealand citizen aged 18 years or over.
  • You must be of the opposite sex to your intended spouse. Same-sex couples are not eligible for this visa.
  • You must have met (as adults) your intended spouse in person and know him or her personally. This must be the case even if it is an arranged marriage, you and your sponsor met as children and the marriage was arranged before you turned 18 years of age or you met on the internet (exchanging photographs is not evidence of having met in person).
  • You must meet certain health and character requirements and might have to provide biometrics (a scientific form of identification) as part of the application.
  • You must have no outstanding debts to the Australian Government or have already arranged to repay before the grant of the visa.

Spouse / Partner Visa (Provisional and Permanent)
Subclass 309&100 Offshore and Subclass 820&801 Onshore

This visa is for those who are already affirmative in a committed relationship.

These visas allow you to enter or remain in Australia on the basis of your married or de-facto relationship with your partner (a) on a temporary immigration visa (usually for a waiting period of approximately two (2) years from the date you applied for the visa) or (b) on a permanent visa if, after the waiting period (if applicable), your partner relationship still exists and you are still eligible for this visa.

This visa includes dependent children and other eligible dependent relatives.

Who is eligible for a Spouse Visa?

Married Applicants
Your marriage must be legal under Australian Law. If you were married in a country other than Australia and that marriage is valid in that country, generally it will be recognized as valid under Australian law. There are some exceptions, such as same-sex, underage or polygamous marriages, which are not accepted in Australia. Same-sex couples are not eligible for this visa.

De Facto Applicants
You and your partner must have been in a de-facto relationship for the entire 12 months immediately prior to making application and you must have been living together for at least six months immediately before application. Same sex couple can apply under this subclass and use the same criteria.

The 12-month requirement may be waived if

(a) You can demonstrate compelling and compassionate circumstances, (e.g. you and partner have children)

(b) All the following circumstances apply :

  • Your partner is, or was, the holder of a permanent humanitarian visa
  • Prior to their permanent humanitarian visa being granted, you were in a relationship with your partner that meets the requirements of a de facto relationship and
  • The department was informed of this before the permanent humanitarian visa was granted.

Other Requirements for a Spouse Visa

You must be sponsored by an eligible sponsor. An eligible sponsor is an Australian citizen or permanent resident, or an eligible New Zealand citizen, who undertakes sponsorship obligations. Usually, the sponsor is your partner and is over 18 years old.
You and your partner must show a mutual commitment to a shared life as husband and wife to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary with substantial reasons to demonstrate. You must also have a genuine and continuing relationship with your partner.

Benefits of the Spouse / Partner Visa

Spouse Temporary Visa (Onshore and Offshore visas)
Permit you to enter or remain in Australia with your spouse, until a decision is made regarding your permanent visa, work in Australia, study in Australia, but you will not have access to government funding for tertiary study and Australia’s medical benefits expenses and hospital care scheme, Medicare.

Spouse Permanent Visas (onshore)
Allow you to remain permanently in Australia with your spouse, work and study in Australia, enrol in Australia’s medical benefits expenses and hospital care scheme, Medicare. You may also be eligible to receive certain social security payments and apply for Australian citizenship (subject to the residency eligibility criteria).

Note: In certain circumstances you can apply to go straight to permanent residency without the two year temporary residency requirement.

Parent Visas
Standard Parent Visa (Subclass 103)

This visa requires that you be sponsored by your child, or another eligible sponsor, in Australia.

Who is eligible for a Parent Visa?

You must be the parent of a child who is settled in Australia and is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
You must be sponsored by an eligible sponsor. Usually, your child will sponsor you. If your child is under 18 years you may also be sponsored by your child’s spouse, a close family relative or guardian of your child, a close family relative or guardian of your child’s spouse or a community organization.

Benefits of a Parent Visa

This visa allows parents to migrate to Australia permanently to join their children who are living in Australia. However, unfortunately the waiting time can be up to 30 years before this visa is approved as this is entirely a queue processing system.

Other Requirements for a Parent Visa

You must have a commitment by a person prepared to provide you with an Assurance of Support.
The balance of family test requires that half your children must be permanently resident in Australia or you have more children permanently resident in Australia than any other overseas single country.
You must meet the health and character requirements.

Contributory Parents Visa (Subclass 143)

This visa requires that you be sponsored by your child, or another eligible sponsor, in Australia.

Who is eligible for a Contributory Parent Visa?

You must be the parent of a child who is settled in Australia and is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
You must be sponsored by an eligible sponsor. Usually, your child will sponsor you. If your child is under 18 years you may also be sponsored by your child’s spouse, a close family relative or guardian of your child, a close family relative or guardian of your child’s spouse or a community organization.
You must have a commitment by a person prepared to provide you with an Assurance of Support and you must be prepared to pay higher visa application charges than most other visas for faster processing. You must also meet the health and character requirements.

Other Requirements for a Contributory Parent Visa

The balance of family test requires that half your children must be permanently resident in Australia or you have more children permanently resident in Australia than any other overseas single country.
This visa can be applied for onshore if you do not have restrictions on your current visa.

Benefits of a Contributory Parent Visa

This visa allows parents to migrate to Australia permanently to join their children who are living in Australia. The current waiting time is going on approximately 24-36 months.

Aged Parents Visa
Australia (Subclass 804)

This visa is suitable for elderly parents who may or may not be dependent.

Who is eligible for an Aged Parents Visa?

This visa requires that you be sponsored by your child, or another eligible sponsor, in Australia whether you are dependent on them or not.
Your spouse and other family members may be included in your application if they meet certain requirements.
You can apply for this visa onshore if no restriction to onshore applications exists.

Other Requirements for an Aged Parents Visa

You must be the parent of a child who is settled in Australia and is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
You must be sponsored by an eligible sponsor. Usually, your child will sponsor you. If your child is under 18 years you may also be sponsored by your child’s spouse, a close family relative or guardian of your child, a close family relative or guardian of your child’s spouse or a community organization.

You must be at the age where you are eligible for an Age Pension in Australia. More information is available on the DSS website.
You must have a commitment by a person prepared to provide you with an Assurance of Support.
The balance of family test requires that half your children must be permanently resident in Australia or you have more children permanently resident in Australia than any other overseas single country.

Benefits of an Aged Parents Visa

This visa allows aged parents to remain in Australia permanently, with their children who are living in Australia. However, unfortunately the waiting time can be up to 30 years before this visa is approved.

Child Visas

There are a number of schemes available to unite children with their families’ visa immigration.

1. Child (Permanent) (Subclass 101)

For children from overseas who is the child or stepchild of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The child must be less than 18 years of age and single.

2. Orphan Relative (Permanent) (Subclass 117)

For children from overseas whose parents are deceased, permanently incapacitated, or whose whereabouts are unknown and who have an eligible sponsor. The child must be less than 18 years of age and single.

3. Adoption (Permanent) (Subclass 102)

This visa can be granted in the case of the adoption of children from overseas by an Australian citizen, the holder of an Australian permanent visa, or an eligible New Zealand citizen.
Important: If the child was adopted before the parent became an Australian citizen, the holder of an Australian permanent visa, or an eligible New Zealand citizen they cannot apply for this visa. They must apply for a Child visa (subclass 101).

4. Dependent Child Visa (Subclass 445)

For children whose parent holds a temporary partner visa and is in the process of obtaining a permanent partner visa. This temporary visa allows a child to travel to or from and stay in Australia until their parents visa has been finalized.

5. Humanitarian Program – Split Family Provisions

For the dependent children of people granted any permanent humanitarian visa (including Protection and Resolution of Status visas) in the last five years. Dependent children declared at the time of application may be eligible for entry to Australia through the offshore Humanitarian Program.

Other Family Visas
Remaining Relative Visa (Subclass 115)

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

Who is eligible for a Remaining Relative Visa?

This visa requires you to be sponsored by an eligible relative (or your relative’s eligible partner), in Australia.
You must have a brother, sister, parent (or step-equivalent) who is settled and usually resident in Australia and is one of the following:

  1. An Australian citizen
  2. An Australian permanent resident
  3. An eligible New Zealand citizen

Other Requirements for a Remaining Relative Visa

You and your partner cannot have any other brothers, sisters, parents (or step equivalents), or non-dependent children other than those who are usually resident in Australia and are Australian citizens, Australian permanent residents or eligible New Zealand citizens.
You must be sponsored by an eligible sponsor. Your sponsor must be your brother, sister, parent (or step-equivalent) or their partner, who are settled and usually resident in Australia and they must be one of the following:

  1. An Australian citizen
  2. An Australian permanent resident
  3. An eligible New Zealand citizen

You must have a commitment by a person or an organization prepared to provide you with an Assurance of Support.

MIGRATION TEAM – OZ CONSULTANCY

Australian Education, Migration and Business Consultants