Family Migration

Outlined below is general information about the process of acquiring permanent residence under the family stream:  

Marriage -  A foreign marriage must be recognised as valid in the country in which it was performed to be recognised under migration law.

De facto Relationship -  Partners live in a spouse-like relationship but are not legally married. The partners should have been in the relationship for at least 12 months at the time of application.

SPOUSE/DE FACTO

• Applicant for a spouse visa must be married or in a de facto relationship with their sponsor.

• Applicant and spouse must prove that they have a commitment to a shared life as spouses.

• The relationship is genuine and continuing.

• Applicant and spouse live together.

• Aged 18 years or over to legally marry.

PROSPECTIVE MARRIAGE (FIANCE)  

• The Applicant must be engaged to marry their sponsor.

• The Applicant must marry the sponsor after the Applicant's first entry to Australia.

• The Sponsor must satisfy the eligibility requirements.

• The Applicant must provide proof of a genuine intention to marry the fianc within nine months from the date the visa was granted.

• The Applicant and fianc must have met and are personally known to each other.

• The Applicant and spouse must usually be aged 18 years or over.

• The application must be lodged outside Australia and the Applicant must travel to Australia and marry the fianc within 9 months of the grant of the temporary visa.

INTERDEPENDENT PARTNER (SAME-SEX RELATIONSHIP)

• Applicant and partner must prove a mutual commitment to a shared life to the exclusion of any spouse or any other interdependent relationship.

• Relationship is genuine and continuing.

• Applicant and partner live together.l

• Applicant and partner have been in an interdependent relationship for a period of 12 months immediately preceding the application.

• Applicant and partner must both have turned 18 years at time of application.

CHILD 

• A child means a natural child, stepchild or adopted child of a sponsor.

• The child's natural or adopted parents are Australian citizens or permanent residents.

• The parent is no longer a spouse of the step parent and the step parent has been granted legal responsibility of the child.

PARENT

• A parent must be sponsored by their child.

• Sponsor must meet eligibility criteria (For example, sponsor is an Australian citizen).

• Limited number of places available and a backlog of numerous applications results in long delays in the processing time.

ORPHAN RELATIVE

The Orphan Relative category is for a child under 18 years of age who has no parent to care for them. The Sponsor must be a relative.

ADOPTION

The Adoption category is for a child under 18 years of age who has been adopted or is in the process of being adopted by their sponsor.

DEPENDENT CHILD

This category is for the natural child, adopted child or stepchild of the holder of a provisional Partner visa. Once the temporary visa is granted, the child can apply to be added to their parent's permanent Partner visa application.

AGED DEPENDENT RELATIVE

• Applicant must be old enough to be granted an Australian age pension.

• Applicant's must be single, divorced, widowed or separated.

• Applicant must be wholly or substantially dependent on relative for financial support, for at least three years prior to application.

• Applicant must be sponsored by an eligible relative.

• Applicant must be a close relative. For example, a child or brother.

REMAINING RELATIVE

• Applicant has no close family ties outside Australia.

• Applicant is a brother, sister, child or step equivalent of an Australian citizen or permanent resident.

• Applicant has no more than three near relatives residing overseas of which the Applicant has had no recent contact.

• Applicant must be sponsored by an eligible near relative.

CARER

• Applicant must be willing and able to give substantial, continuing assistance to an Australian relative (or a member of their family unit) who has a medical condition that impairs their ability to attend to the practical aspects of daily life.

• Applicant's need for assistance is likely to continue for at least two years.

• Applicant cannot reasonably obtain assistance from other relatives or from welfare or hospital services in Australia.

• Applicant's relative is an Australian citizen or permanent resident.

• Applicant's relative has undertaken a medical assessment.