australiapersonalvisa

The Australian Family migration program aims to reunite Australian Permanent Residents and citizens with their close family members. There are various migration options under the family stream to gain either temporary or permanent residence status.

100-Partner Visa (Permanent):

The Spouse Visa to Australia enables Australian Permanent Residents or Citizens to Sponsor their spouse to Australia on a permanent basis. This visa enables the sponsored spouse to:

  • Live and work in Australia as Permanent Residents
    • Study in Australia
    •           Become a Citizen of Australia within 4 years

The basic requirements for the Spouse visa are as follows:

  • The sponsor is either an Australia Citizen/Permanent Resident or an eligible New Zealand Citizen
  • You are in a genuine and continuing relationship and are either married OR have been living together in a spouse like relationship for at least 5 years
  • You and your partner must be living together or, if not, any separation must be only temporary

Generally, the Australian sponsor should not have sponsored a past spouse to Australia within the last 5 years although there are exceptions. The sponsor should be able to evidence that they have means to support you as their spouse in Australia i.e. adequate accommodation and finances although there is not a stipulated amount that should be shown as “maintenance” like there might be with other country spouse sponsorship programs.

Dependent children under the age of 18 are able to be included on your spouse sponsored visa to Australia, however evidence must be provided that all parties involved in the legal care and guardianship of the child agrees to them being removed from their home country.

Other dependent family members such as elderly parents can also be considered for inclusion in this visa if evidence can be provided to the Department of Immigration that they are fully dependent on you for financial, emotional and physical support. Visas and Permits.com specialise in submitting applications with eligible dependents included to the Department of Immigration.

If you meet the basic requirements above please get in touch today to discuss your case specifics and go over any further questions you may have.

309 – Partner Visa (Temporary):

The difference between the subclass 100 Spouse Visa to Australia and this subclass is that applicants applying under the 309 category are generally living together in a spouse like relationship but are not married. Thus, Australia will generally grant a 4 year temporary visa with a pathway to Permanent Residency rather than grant outright PR like the subclass 100 does.

This visa enables Australian Permanent Residents or Citizens to Sponsor their spouse to Australia, however, again, on a temporary basis which can lead to permanent residence in future. This visa enables the sponsored spouse to:

  • Live and work in Australia as temporary residents
    -Take advantage of significant tax benefits such as the Living Away From Home Allowance
    – Study in Australia
    – Become a Permanent Resident of Australia after 2 years

The basic requirements for the Spouse visa are as follows:

  • The sponsor is either an Australia Citizen/Permanent Resident or an eligible New Zealand Citizen
  • You are in a genuine and continuing relationship and have been living together in a spouse like relationship for at least 12 months
  • You and your partner must be living together or, if not, any separation must be only temporary. Applications whereby there is a cultural reason for not living together may still be considered under exceptional circumstances and would be considered on a case by case basis

Generally, the Australian sponsor should not have sponsored a past spouse to Australia within the last 5 years although there are exceptions. The sponsor should be able to evidence that they have means to support you as their spouse in Australia i.e. adequate accommodation and finances although there is not a stipulated amount that should be shown as “maintenance” like there might be with other country spouse sponsorship programs.

Dependent children under the age of 18 are able to be included on your spouse sponsored visa to Australia, however evidence must be provided that all parties involved in the legal care and guardianship of the child agrees to them being removed from their home country.

Other dependent family members such as elderly parents can also be considered for inclusion in this visa if evidence can be provided to the Department of Immigration that they are fully dependent on you for financial, emotional and physical support. Visas and Permits.com specialise in submitting applications with eligible dependents included to the Department of Immigration.

If you meet the basic requirements above please get in touch today to discuss your case specifics and go over any further questions you may have.

100 – Prospective Marriage Visa (Temporary):

The prospective Marriage visa applies to applicants who do not meet the relationship requirements of the subclass 309 or 100 partner visas to Australia but are in a committed, genuine relationship and wish to marry in Australia.

The visa enables you to:

  • Enter Australia for 9 months with the intention of marriage within this duration
  • Apply for 309 – Partner Visa once married to remain in Australia

The basic requirements for the Prospective Marriage visa to Australia are:

  • The applicant and sponsor must have met in person
  • You must be aged 18 years or over
  • You are in a genuine and continuing relationship and you intend to maintain a lasting relationship as husband and wife
  • You must be of opposite sex to your intended spouse

When making an application for a prospective marriage visa to Australia you must submit a date of intended marriage and book the wedding ceremony in Australia. You do not necessary have to get married on this date. It can always be moved once the visa is granted but you must marry within 9 months of the date of visa grant – this cannot be extended.

Once you are married under this visa subclass an application can be submitted for a temporary spouse visa that will allow you to live and work in Australia for 4 years. After 2 years you can apply for Permanent Residence.

As with the other visa categories dependent children and other eligible family members can be included in your application subject to meeting specific requirements.

If you meet the basic requirements above, get in contact today.

461 – New Zealand Citizen Family Relationship Visa:

In 1994 Amendments were made to Australia’s Immigration Act to confirm the legal requirement for all non-citizens lawfully in Australia to hold visas. This therefore extended to New Zealand Citizens to live and work in Australia. As a result, the Special Category Visa (SCV) was introduced for New Zealand citizens. In practical terms, this is not a visa as such, since New Zealand Citizens continue to need only a valid New Zealand passport to obtain a SCV.

The most common purpose of this visa is to allow partners of New Zealand Passport holders (SCV) to join their New Zealand spouse to live and work in Australia. However this visa category can also apply to the New Zealand Citizen sponsoring:

  • their (or their partner’s) dependent child
  • the dependent child of their (or their partner’s) dependent child
  • their (or their partner’s) relative who meets all of the following:

– is widowed, divorced, separated or has never married or entered a de facto relationship

– is usually resident in the Special Category visa holder’s household

– is dependent on the Special Category visa holder.

Over 36,000 New Zealand Citizens arrive in Australia to settle per year. The 461 Visa category is intended to allow non-New Zealand spouses/dependents to join their New Zealand family relation in Australia.

This Visa enables you to:

  • Live and work in Australia as temporary residents for up to 5 years
    – Take advantage of significant tax benefits such as the Living Away From Home Allowance
    – Study in AustraliaThe 461 does not lead to Permanent Residence in Australia however there are ways in which you are able to apply for PR once resident i.e. via an employer sponsored route.

The basic requirements for this visa is as follows:

  1. You are dependent on a New Zealand passport holder (SCV) as either their spouse (either married or living together for at least 6 months) or their dependent child or relative
  2. You may be required to hold private health insurance with a fund in Australia if you are the citizen of a country that does not have a reciprocal health care agreement with Australia

    103 – Parent Visa:

    Australia wishes to reunite Australian Permanent Residents and Citizens with their parents living overseas. The 103 Parent Visa has a limited number of allocated visas to this category however, and therefore applicants can experience significant Government processing times under this category. For those applicants who wish to experience lesser Government processing times should explore the 143 or 173 – Contributory Parent visa categories.

    The visa entitles all applicants to:

    • Live and work in Australia as Permanent Residents
    • Study in Australia
    • Become a Citizen of Australia within 4 years

    The basic requirements for the Parent Visa is as follows:

    • Parents must be sponsored by an Australian Citizen or Permanent Resident or eligible New Zealand Citizen
    • You must meet the balance of family test
    • An Assurance of Support Bond [AoS] must be lodged prior to visa grant. The Aos is currently AUD10,000 for the main applicant and AUD4,000 for any dependent applicant. This AoS will be held with the Government for 10 years.

    The balance of family test states that either half or all of your children must reside in Australia in order to be considered for this visa. For example, if you have 5 children, 3 of them should reside in Australia. Children from both parents will be considered and therefore if you or your spouse have children from previous relationships they will be taken into consideration when considering the balance of family.

    115 – Remaining Relative Visa:

    This visa applies to those applicants whose only near surviving relatives currently reside in Australia as Permanent Residents and/or citizens.

    This visa grants the following entitlements:

    • Live and work in Australia as Permanent Residents
    • Study in Australia
    • Become a Citizen of Australia within 4 years

    You may be eligible to apply for this visa if the following applies to you:

    • you have a brother, sister, parent (or step-equivalent) who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen usually resident in Australia AND
    • you and your partner have no brothers, sisters, non-dependent children, parents (or step-equivalents) other than those in Australia

    An Assurance of Support [AoS] Bond must be lodged prior to visa grant. The AoS is currently AUD10,000 for the main applicant and AUD4,000 for any dependent applicant. This AoS will be held with the Government for 10 years.

    Therefore, if you are in a relationship and wish to apply for this visa, although you as the main applicant might not have any of the above family members residing outside of Australia, your spouses’ family will be considered as your family too therefore the above must apply to both.

    143 – Contributory Parent Visa

    As stated above, the 143 visa application has the same visa entitlements as the 103 Parent Visa, however the processing times are significantly less due to the Contributory fee that is due to be paid to the Australian Government prior to Visa grant.

    The visa entitles all applicants to:

    • Live and work in Australia as Permanent Residents
    • Study in Australia
    • Become a Citizen of Australia within 4 years

    The basic requirements for the Parent Visa is as follows:

    • Parents must be sponsored by an Australian Citizen or Permanent Resident or eligible New Zealand Citizen
    • You must meet the balance of family test
    • An Assurance of Support Bond [AoS] must be lodged prior to visa grant. The Aos is currently AUD10,000 for the main applicant and AUD4,000 for any dependent applicant. This AoS will be held with the Government for 10 years.
    • Pay a Contributory Parent Visa Application Fee of AUD43,600 per applicant. The amount is subject to many conditions i.e. if you have previously applied for a parent visa the amount may be somewhat lower. You should contact us for a specific up to date Visa Application Fee.

    The Contributory Parent Visa application fee is non-refundable and will only be requested once the Department of Immigration and Citizenship are satisfied that you meet all visa requirements.

    The balance of family test states that either half or all of your children must reside in Australia in order to be considered for this visa. For example, if you have 5 children, 3 of them should reside in Australia. Children from both parents will be considered and therefore if you or your spouse have children from previous relationships they will be taken into consideration when considering the balance of family.

    173 – Contributory Parent Visa (Temporary):

    Like the 143 Contributory Parent Visa above, this visa is subject to significantly lesser processing times than the 103 Parent Visa, however there are lesser Contributory Parent Visa application fees to be paid than that of the 143 Visa above. However, this visa grants temporary residence status in Australia and can lead to Permanent Residence.

    The visa entitles all applicants to:

    • Live and work in Australia as Temporary Residents
    • Study in Australia
    • Become a Permanent Resident of Australia within 2 years

    The basic requirements for the Parent Visa is as follows:

    • Parents must be sponsored by an Australian Citizen or Permanent Resident or eligible New Zealand Citizen
    • You must meet the balance of family test
    • An Assurance of Support Bond [AoS] must be lodged prior to visa grant. The AoS is currently AUD10,000 for the main applicant and AUD4,000 for any dependent applicant. This AoS will be held with the Government for 10 years.
    • Pay a Contributory Parent Visa application fee of AUD29,130 per applicant

    The Contributory Parent Visa application fee is non-refundable and will only be requested once the Department of Immigration and Citizenship are satisfied that you meet all visa requirements.

    The balance of family test states that either half or all of your children must reside in Australia in order to be considered for this visa. For example, if you have 5 children, 3 of them should reside in Australia. Children from both parents will be considered and therefore if you or your spouse have children from previous relationships they will be taken into consideration when considering the balance of family.

    103 – Child Visa:

    This visa enables children of Australian Citizens and/or Permanent Residents to apply for a visa on behalf of their child to join them in Australia.

    The visa entitles all applicants to:

    • Live and work in Australia as Permanent Residents
    • Study in Australia
    • Become a Citizen of Australia within 4 years

    The basic requirements to be met on this visa is as follows:

    • The child must be the child or stepchild of their sponsor
    • The Child must be under 25 years of age at the time of application. If the child has turned 18 years of age, they must also be a full-time student and financially dependent on their sponsoring parent.
    • The child must be single. They must not be married, in a de-facto relationship or engaged to be married.
    • The sponsor must have sole custody of the child or a legal document to confirm consent of removal from their country of residence (if parents are separated)