Australia Family Visas
If you are in a relationship with an Australian citizen, Permanent Resident or eligible New Zealand citizen then you may be able to apply for a Partner Visa.
Australia Partner Visas
With the exception of a couple who can establish that they have been in a ‘long term spouse relationship’, applicants must first obtain a provisional visa granting temporary residence. After two years, provided they meet further criteria, they may be granted permanent residence. The relationship should have existed for a full 12 months before the applying for this visa.
You can apply for a Partner visa if you are already married to an Australian citizen or Permanent Resident.
The Prospective Marriage Visa allows the fiance of an Austrlian citizen or Permanent Resident, to enter Australia on a temporary visa which remains valid for 9 months. While on this visa you must marry your intended spouse and then apply for a partner visa.
All persons applying to migrate to Australia on a Partner Visa (whether they apply inside or outside Australia) must be sponsored. The sponsor gives a written undertaking to provide the applicant/s with support for their first two years in Australia, including accommodation and financial assistance as required to meet their reasonable living needs. All Partner Visa applicants must be sponsored by an Australian citizen, Australian permanent resident or an eligible New Zealand citizen. The sponsor must be 18 years or over. Partner Visa applicants must be sponsored by their partner in Australia. If the Australian partner is under 18 years of age, the applicant can be sponsored by their partner's parent or guardian. Both partners in the Interdependency visa subclass, however, must be aged at least 18 years.
Like all migrants, partner visa applicants are assessed on an individual basis and they must be assessed against Australia's health and character requirements.
Contact our Migration agent to make an appointment to meet in our offices to discuss your Partner Visa eligibility.
Australia Parent Visas
Australian Parent Visas are for parents who have children who are citizens or permanent residents of Australia. There are two categories of visas for parents wishing to migrate to Australia:
Australia Contributory Parent Visa
- Contributory Parent Visa
- Contributory Aged Parent Visa
Australia Parent Visa
- AgedParent Visa
- Parent Visa
The main criteria for both parent category visas are the same. However, applicants for the Contributory Parent visa are required to make a significant contribution to their future health and welfare costs. The Contributory Parent visa category also offers temporary visas valid for 2 years. Holders of a temporary Contributory Parent visas are able to apply for a permanent Contributory Parent visa.
Parent visas are capped but there is more than 3 times the number of places for Contributory Parent Visa applicants than Parent Visa applicants, and Contributory Parent Visa have a higher processing priority.
Applicants must be the parent of and be sponsored by a child who is a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen. Applicants must meet the ‘balance of family’ test. The Public Interest Criteria must be met (Health and Character (Police Clearance)). An Assurance of Support and bond must be provided.
"Balance of Family" Test (summary)
The number of children of the parent who are lawfully and permanently resident in Australia or are eligible New Zealand citizens usually resident in Australia is:
(i) greater than, or equal to, the total number of children of the parent who are resident overseas; or
(ii) greater than the greatest number of children of the parent who are resident in any single overseas country.
Aged parents: for men the qualifying age is 65 years. for women this depends on their date of birth.
Child visas are available for children of Australian citizens and Australian permanent residents. The usual key criteria for the child visas are:
- Sponsorship must be made by an Australian citizen or permanent resident.
- The child must be the natural child of the Australian or permanent resident parent (in some cases adopted children can be considered for this visa type but there are also specific visas for adopted children).
- Ideally the child must be under 18 years of age at the time the application is lodged. If the child is over 18 and less than 25 years then the child must be a full-time student and still be dependent and reliant on their sponsoring parent. Additionally, the child must not be working full-time or be in a spousal relationship.
There are visas available for onshore and offshore applications depending on the circumstances of the child. Custody issues (if any) must be met for the visa and if necessary permission for the child to obtain a visa and travel to Australia must be given by the responsible parent.
Contact us to arrange a consultation to discuss your Family visa requirements. Please note that we do charge a nominal fee for a consultation.