Family Stream Visas
Australian Permanent Resident, Australian Citizens or Eligible New Zealand citizens can sponsor to their close family to migrate to Australia. Close family stands for Parents, Partner/spouse, Child, or other remaining family members etc. Family Stream migrants are selected on the basis of their family relationship with their sponsor or nominator in Australia; there is no test for skills or language ability as for Skilled Stream migrants. Like all migrants, Family Stream applicants are assessed on an individual basis and they MUST be assessed against Australia's health and character requirements.
In order to sponsor for visa, the sponsor(s) should have provide Assurance of Support (AoS). Some family stream applicants are subject to a required AoS, which includes payment of a bond. Other Family Stream applicants may be subject to a discretionary AoS if assessed as being at risk of becoming a charge on Australia's social welfare budget. An AoS is a legal commitment by an assuror. The Assurer will be liable to repay debt tp the Commonwealth of Australia any social security payments made to family stream entrants covered by the assurance in the first two years after their migration from overseas or grant of permanent residence in Australia.
Partner Migration Visa
There are two types of Partner migration visa. In order to to apply spouse visa on the basis of your marriage, you must be legally married to your partner. If you were married in a country other than Australia and it is valid in that country, generally, your marriage will be recognised as valid under Australian law. There are some exceptions, such as same-sex, underage or polygamous marriages, which are not legal in Australia.
If you are not married but living together for more than 12 months as a partner or de facto spouse, you will be eligible to apply partner migration visa. A de facto relationship is one where you and your partner are in a spouse-like relationship and you have a mutual commitment to a shared life together to the exclusion of all others. You must be of the opposite sex to your partner and be aged 18 years or over.
To apply for a Spouse visa, it has a 2-stage process. You apply for both a temporary and permanent visa at the one time on the same application form. You are granted a temporary Spouse visa if you meet all the legal criteria. This visa remains valid until a decision is made on your permanent visa application, which is generally 2 years after you applied for the Spouse visa. If you continue to meet all legal requirements, you will be granted the permanent Spouse visa.
Onshore Partner Visa Categories
Spouse Provisional - Subclass 309
Interdependency Provisional - Subclass 310
Prospective Marriage Temporary - Subclass 300
Onshore Partner Visa Categories
Spouse - Partner Tempoary Class UK subclass 820
Interdependency - Partner Temporary Class UK Subclass 826
DIMIA Policy outline factors to be considered when establishing the genuineness of a marriage, these include, but not limited to:
Pulic relationship of the relationship
Knowledge of each other's circumstances
Shared income, assets and liabilities; and
Shared responsibilities for children
Parent Migration Visa
Applicants for a visa in the Parent category must be sponsored. Parents are generally sponsored by their child, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. In most cases, parents already in Australia may only apply for an Aged Parent (subclass 804) visa. To do this, the parent must be aged.>/p>
In the Parent category, parents outside Australia may only apply for a Parent (subclass 103) visa. Applicants must be outside Australia to be granted this visa. Parents who are in Australia and who do not meet the age requirement may apply to the Perth Offshore Parents Centre for a Parent (subclass 103) visa as long as they are not specifically barred from lodging an application while they are in Australia. The main Parent migration visa classes are:
Parent Migration Visa
Parent Contributory Visa
Designated Parent Migration Visa
The subclass 103 visa is intended for the migration of the parents of a settled Australian citizen, permanent resident or eligible NZ citizen where the 'blance of family' test is satisfied. Parents will satisfy the 'balance of family' test if:
atliest half of their children live in Australia; or
the number of children in Australia is greater than the greatest number of children resident in any single country overseas.
Please note that the age of children is of no consequence in this category of visa as they are usually adult children. All children claimed to be resident in Australia for the purpose of the test must be lawfully and permanently resident in Australia. Those children who are eligible NZ must who theyare usually resident' in Australia.
Child Migration is one of the part of family stream visas to Australia. Australian Permanent Resident or Citizen or Eligible New Zealand Citizens may sponsor to bring their child to Australia permanently. Partner and Child migration are exempted from capping system.
What is Child Migration Visa
In order to apply child migration visa, the child must be the natural child, adopted child of an Australian citizen, holder of a permanent visa or eligible New Zealand citizen, and must be sponsored by that parent or that parentís current spouse.
If the applicant is aged 18-24 must be a full time student and financially dependent on the parent supporting the application. (Children who have a disability that stops them from working are not subject to these requirements, but must meet the health requirement.)
Applicants must not be married, engaged to be married or living in a de facto (common law) relationship. If aged over 18, the applicant must never have had a spouse.
Orphan Relative Visa
In order to apply Orphan Relative visa, the Orphan must have no parents to care for them because their parents are dead, permanently incapacitated or of unknown whereabouts.
The orphan must have an Australian relative who is their brother, sister, grandparent, aunt, uncle, niece or nephew. The Australian relative must be an Australian citizen, permanent resident or eligible New Zealand citizen and must be settled in Australia. The child must be sponsored by the Australian relative or that personís current spouse. The child must be under 18 years of age at the time of applying for the visa, and must not be married or living in a de facto relationship. It must also be in the best interests of the child to live with the relative in Australia.
Adoption Child Migraion Visa
The adopted child must be sponsored by the adoptive parent/prospective adoptive parent, who must be an Australian citizen, holder of a permanent visa or eligible New Zealand citizen. If the child was adopted before the sponsor became an Australian citizen, holder of a permanent visa or eligible New Zealand citizen, the child cannot apply in this category Ė he/she should consider applying in the Child category. In order to be eligible for an adoption visa, the adopted child must be under 18 years of age. A person who has turned 18 will not be eligible for a visa in this category.
In Australia, intercountry adoptions are the responsibility of state and territory welfare authorities. These authorities manage the arrangements for adopting children from overseas. The Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) provides advice only on how a child can be granted a visa to enter Australia.
Child Migration Class AH, Subclass 101 (Permanent)
Adoption Class AH, Subclass 102 (Permanent)
Orphan Relative Class AH, Subclass 117 (Permanent)
Dependent Child Class TK, Subclass 445 (Temporary)
Child - Class BT, Subclass 802 (Residence)
Orphan Relative - Class BT, Suclass 837 (Residence)
Other Famil Migration
Aged Dependent Relative- Subclass 114
An aged dependent relative is defiend as a relative of an Australian citizen, permanent resident or eligible NZ citizen who has been dependent on that person or is widowed, divorced or formally seperated and who is old enough to receive the Australian age pension.
Remaining Relative - Subclass 115
A remaining relative is defined in regulation 1.15 as a person who is the brother, sister, child, step-brother, step-sister-child of an Australian citizen, permanent resident, or eligible NZ citizen, usually resident in Australia. The applicant must also show that:
- They do not reside in the same overseas country as an 'overseas near relative'. Overseas near relative is defiend as a parent, brother, sister step brother/sister, or non dependent child.
- They have not had contact with an 'overeas near relative' during a reasonable period proceeding the application.
- They do not have more than three 'overseas near relatives'; and
- If the applicant is a child and has not turned 18 and has been adopted by an Australian citizen, permaent resident, or eligible NZ citizen whilst overseas, the adoptive parent has been residing overseas for at leat 12 months.