Family Sponsored Migration

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Australian citizens, Australian permanent residents and NZ residents can sponsor certain family members for permanent residence.

Partner Visas

If you are married to, engaged to, or living in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen, your partner may sponsor you for migration to Australia. To qualify for a spouse visa on de facto relationship, you must show that you have lived with your partner for a period of at least 12 months prior to applying. The spouse visa application leads to permanent residence, and is generally in two stages – first a temporary spouse visa is granted, then a permanent spouse visa approximately 2 years after lodgement.

 PARTNER VISA

(SUBCLASS 820/801 in Australia or SUBCLASS 309/100)

You may be eligible for a partner visa if you are in a relationship with an Australian citizen, Permanent Resident, or eligible New Zealand citizen. You must either be married or in have lived together in a de-facto relationship.

Eligibility Requirement
* Genuine and Continuing Relationship
You will need to show that you and your partner have a commitment to a shared life together. You and your partner must live together, or at least not live apart on a permanent basis. Your relationship will be assessed according to the following criteria;

  • Cohabitation: Usually evidenced through showing correspondence addressed to both of you at the same address
  • Financial Interdependence: For example, joint bank accounts, joint ownership of property, joint financial commitment such as leases, mortgages, insurance policies.
  • Social aspects of the relationship: Joint travel, joint social activities, joint participation in cultural or sporting activities.

In case of Defacto Relationship, you need 12 Months Cohabitation;

A defacto relationship would require evidence that you have lived with your partner for the last 12 months. The Department of Immigration requires documentary evidence that you have lived together (for example, a joint lease or correspondence sent to you at the same address).

* Health & Character
You will need to provide full health and police checks.

* Ability to Meet Sponsorship Obligations
The sponsoring partner must also show that they are able to meet their sponsorship obligations by showing evidence of their income for the last 2 years. If the sponsoring partner’s income is very low, the Department of Immigration may request a Discretionary Assurance of Support. The Assurance of Support is a formal undertaking to provide financial support, would need to be provided by an Australian resident, and evidence of the assurer’s income would need to be provided.

Visa Conditions and Duration
Once your initial partner application is granted, you will in most cases be issued with a Temporary partner Visa. This will allow you to stay in Australia with having full work and travel rights, as well as accessing to Medicare.

After the two year period, the Department of Immigration will look to grant you a permanent partner visa. At this stage, you will be asked for current evidence of your relationship.

In some circumstances, a waiver is available for the 2 year period before applying for permanent residence:

  • if you have been in the relationship with your partner for five years or more at the time of application; or
  • if you have been in the relationship for two years where there are dependent children of the relationship; or
  • if your partner was granted a permanent visa under the humanitarian program or was granted a protection visa and was in the relationship with you before the visa was granted and this relationship was declared to DIBP at the time.

In some circumstances, you may be eligible for permanent residence even if the relationship has broken up before the end of the 2 year period. These circumstances include:

  • if your partner has died during this period; or
  • if you and your Australian partner have children under 18 years of age; or
  • if you or your dependents have been subject to domestic violence during this period

Please contact us for advice on obtaining a partner visa.

 FIANCE VISA

If you intend to marry an Australian citizen or permanent resident, you may be eligible for a fiance or prospective spouse visa.

A fiance visa lasts 9 months, during which you are expected marry your sponsor. You will be entitled to full work rights for the duration of the fiance visa. Once you are married, you will be eligible to apply for permanent residence through a partner visa.

Eligibility Requirement

  1. Be engaged to an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
  2. Intend to get married within Australia, then live in a spouse relationship together
  3. You and your fiance have met and are personally known to each other
  4. Both you and your fiance must in general be aged 18 years or over

For a fiance visa, you must be outside Australia both at the time of application and time of decision.

Please contact us for advice on obtaining a fiance visa.

 

PARENT VISA

Parent Visa enables parents of children who are Australian citizens or permanent residents to be sponsored for permanent residence in Australia.

AGED PARENT VISA (Subclass 103 / Subclass 804)

The Australian government has introduced “contributory” parent visa categories, which require the payment of a much higher application fee to cover medical expenses, but which are processed much faster than the old parent visa applications.

Criteria

The main criteria are as follows:

  1. The parent must be sponsored by a child who is an Australian citizen or permanent resident. The sponsor must have been lawfully resident in Australia for at least 2 years.
  2. The applicant must pass the “balance of family test”. That is, the number of children who are lawfully and permanently resident in Australia must be:
    • Greater than, or equal to, the total number of children who are resident overseas; or
    • Greater than the greatest number of children who are resident in any single overseas country.
  3. An assurance of support is required in all cases.

In order to apply for an aged parent visa (Subclass 804) from within Australia, at least one of the applicants must meet the following age criteria:

  • Males: 65 or over
  • Females: 63 or over

If the application is lodged in Australia, the applicants will be able to remain in Australia on bridging visas whilst their applications for parent visas are being processed.

CONTRIBUTORY PARENT VISA (Subclass 143 / 864)

The Australian government has introduced “contributory” parent visa categories, which require the payment of a much higher application fee to cover medical expenses, but which are processed much faster than the old parent visa applications.

Criteria

The main criteria are as follows:

  1. The parent must be sponsored by a child who is an Australian citizen or permanent resident. The sponsor must have been lawfully resident in Australia for at least 2 years.
  2. The applicant must pass the “balance of family test”. That is, the number of children who are lawfully and permanently resident in Australia must be:
    • Greater than, or equal to, the total number of children who are resident overseas; or
    • Greater than the greatest number of children who are resident in any single overseas country.
  3. An assurance of support is required in all cases.

In order to apply for a contributory aged parent visa (Subclass 864) from within Australia, at least one of the applicants must meet the following age criteria:

  • Males: 65 or over
  • Females: 63 or over

If the application is lodged in Australia, the applicants will be able to remain in Australia on bridging visas whilst their applications for parent visas are being processed.

Please, note that contribution amount is changed every year. Feel free to contact us if you are planning to apply for Contributory Parent Visa.

 

 

INVESTOR RETIREMENT

This visa is for older people with no dependents (other than a spouse) who want to retire in Australia.

Visa Criteria

  1. You must be at least 55 years of age and have no dependents other than a spouse. Your spouse can be under 55 years of age.
  2. You must be sponsored by a State/Territory government in Australia.
  3. If you intend to live in a regional area of Australia, you must have at least:
    • $500,000 assets available for transfer to Australia AND;
    • $50,000 net annual income from investment or pension rights.
  4. If you intend to live in a non-regional area of Australia, you must have at least:
    • $750,000 assets available for transfer to Australia AND;
    • $65,000 net annual income from investment or pension rights.
    • You must have held all of the assets for 2 years before applying, unless the assets relate to inheritance, superannuation, or pension rights.
  5. You must invest in State/Territory government bonds:
    • $500,000 if you intend to live in a regional area OR;
    • $750,000 if you intend to live in a non-regional area.
  6. You must meet health, character, public interest and special return criteria.

Visa Conditions

  • This visa allows you to stay temporarily in Australia for 4 years.
  • If you wish to stay longer, you can apply for a further Investor Retirement visa which is valid for another 4 years. You will need to satisfy certain health and financial criteria, and also lodge a further bond.
  • You are not entitled to social security or welfare benefits while in Australia, and you will need to take out adequate health insurance to cover your stay in Australia.
  • You will be entitled to work for up to 20 hours per week on your investor retirement visa.

 

Remaining Relative Visa

The Remaining Relative Visa is a permanent visa for people whose entire family is living permanently in Australia have no close relatives outside Australia.

Visa Criteria

Sponsorship by a Relative in Australia

The applicant must be related to an Autralian Citizen, Permanent Resident, or an eligible New Zealand Citizen. The following relatives are eligible to sponsor for the Remaining Relative Visa:

  • Parent
  • Brothers and Sisters

This includes half and step-realtives and relatives that have been adopted. In order to sponsor for a Remaining Relative visa, the sponsor must be over 18 and “settled” in Australia (this generally means having lived here for at least the last 2 years).

No Overseas relatives The applicant must have no brothers, sisters or parents living outside Australia.If the applicant is married or has a defacto partner, the spouse must also not have any brothers, sisters or parents living outside Australia.
Assurance of Support An assurance of support is required in all cases.

 

 

Aged Dependent Relative Visa

The Aged Dependent Relative Visa is a permanent visa for older people who are single and financially dependent on an Australian citizen or permanent resident.

Visa Criteria

Sponsorship by a Relative in Australia

The applicant must be related to an Autralian Citizen, Permanent Resident, or an eligible New Zealand Citizen. The following relatives are eligible to sponsor for the Aged Dependent Relative Visa:

  • Parent
  • Chidren
  • Brothers and Sisters
  • Aunts & uncles
  • Nieces & nephews
  • Grandchildren or grandparents.

This includes half and step-realtives and relatives that have been adopted.

In order to sponsor for an Aged Dependent Relative visa, the sponsor must be over 18 and “settled” in Australia (this generally means having lived here for at least the last 2 years).

Dependency The applicant must have been financially dependent on the sponsor for approximately three years and remain so. To be financially dependent the applicant must rely on the sponsor for financial support for their basic needs such as food, clothing and shelter.
Marital Status The applicant must not be married at the time of application. This can be as a result of being widowed, divorced or formally seperated.
Age Men must be 65 or older and women must be over 62 years old – the age limit for women is being increased gradually to 65.
Assurance of Support An assurance of support is required in all cases.

Assurance of Support
Assurances of support can be required for a number of visa types. Simply stated, an assurance of support is an agreement to financially assist a migrating family if necessary, to ensure that cost to the Australian taxpayer is minimised.

Generally the Assurance of Support is provided by a family member living in Australia, however it is not necessary for the assurer to be a relative, so long as they can show sufficient taxable income in Australia to meet the requiremnts to be approved as an assurer. Assurances of support can also be given by Corporations or Unincorporated Bodies.

It is also possible for up to 3 people to lodge a joint assurance of support – in this case, the income of each person can be counted towards the required minimum.

If you would like to discuss regarding your eligibility including the minimum income level and amount of the bond required (if applicable), feel free to contact us.