Family Migration to Australia

Partner (Provisional) 309 Visa, and Partner (Migrant) 100 Visa

The Partner visa 309 is a visa application for partners of an Australian citizen or permanent resident, which allows you to live in Australia. After about 2 years, you can apply for the Partner Migrant visa 100 to obtain Australian permanent residence.

Partner visa - Eligibility Criteria

A. Age - usually must be 18 years or older.

B. Relationship - You are the married spouse or De facto partner of an Australian citizen or resident. The relationship is genuine and continuing. You would need to provide factual evidence of your relationship, including joint or combined matters, such as joint bank accounts, joint bills, photos together and joint social interests. In addition, you and your partner/sponsor would need to prepare Statements about your relationship and friends and family would be required to prepare statutory declarations confirming that your relationship is genuine. Evidence of your de facto relationships can be provided with the following documents:

1. Personal Statements

• how, when and where you first met
• how the relationship developed
• when you moved in together, got engaged or married
• what you do together
• time you spent apart
• significant events in the relationship
• your plans for the future

2. Finances

• joint mortgage or lease documents
• joint loan documents for major assets like homes, cars or major appliances
• joint bank account statements
• household bills in both names

3. Your household

• a statement about how you share housework
• household bills in both names
• mail or emails addressed to you both
• documents that show joint responsibility for children
• documents that prove your living arrangements

4. Social matters

• joint invitations or evidence you go out together
• proof you have friends in common
• proof you have told government, public or commercial bodies about your relationship
• proof you do joint sporting, cultural or social activities together
• proof you travel together

5. Commitment

• proof you have knowledge of each other’s background, family situation or other personal details. You could tell us this at an interview
• proof you have combined your personal matters
• the terms of your wills
• proof you stay in touch when apart

C. Live together - You live together with your spouse.

D. Sponsor - Aged 18 years or older, and an Australian citizen or permanent resident, and meets the character requirement. Also, the Sponsor has obligations to provide accommodation and financial assistance to their partner for 2 years after arriving in Australia.

E. Health and Character - You meet the health and character requirements and have no debts to the Australian government.

Prospective Marriage (Fiance) - 300 Visa

The Prospective Marriage visa allows a partner to travel to Australia and marry their Australian citizen or resident partner. See the visa eligibility criteria:

• Aged 18 years or older, and you must be engaged to marry your Australian sponsor.
• Apply for the visa from outside Australia. You must marry the sponsor after your first entry to Australia, within 9 months of the visa being granted.
• Provide proof of a genuine intention to marry the fiance; within nine months from the date the visa was granted.
• The Applicant and fiance must have met and are personally known to each other.
• The Sponsor must be 18 years or older, an Australian citizen or resident and meet the character requirement.

Travel Exemption for Fiances holding Visas - as at 19 August 2021

People planning to tie the knot with partners in Australia will be granted travel exemptions, paving the aisle for delayed weddings to go ahead. Long-term prospective marriage visa holders will be eligible for an exemption one year after the date they submitted their visa application. The change is expected to allow 1600 people to immediately apply to come to Australia.

Home Affairs Minister Karen Andrews said exemptions needed to be balanced against protecting Australia's health through international border rules. "Allowing prospective marriage visa holders to apply for an exemption to come to Australia, get married, and start their lives here will bring relief to those whose plans have been disrupted for so long by COVID-19," she said on Wednesday. "These people have been patiently waiting to reunite with loved ones and I'm pleased I could make this change to allow for their reunification in Australia."

Child 101 Visa

The Child visa allows a child born outside Australia to be sponsored by their parent who is either an Australian citizen or permanent resident. The Child can be a Biological child, Adopted child or Stepchild (from a former partner).

• A Child means a natural child, stepchild or adopted child of a sponsor, usually under 18 years of age, and single.
• The Child must have no Partner, and be either under 18 years of age or over 18 years and under 25 years and studying full time or over 18 years with a disability.
• The visa application must be in the 'Best interests of the ', under 18 years of age.
• The Child must have consent to migrate to Australia from everyone who can legally decide where the Child lives, and the laws of their country of residence allow them to leave their home country.
• The Child must meet health requirements and the parents must comply with character requirements.

Contributory Parent 143 Visa and Contributory Parent (Temporary) 173 Visa

The Contributory parent visa allows a child, who is an Australian citizen or resident, to sponsor their parents, if they meet the eligibility criteria:

• At least half of your children live permanently in Australia.
• More of your children live permanently in Australia than in any other country.

1. Balance of Family test - This test measures your ties to Australia. You meet this requirement if either:

2. Child is Settled - The Child is settled in Australia, which means they have been living in Australia for 2 years.

3. Assurance of Support - The Child who is the Sponsor must sign an Assurance of Support which is a commitment to provide their parents with financial support, so that they will not have to rely on social welfare payments.

4. Health and Character - The Parents must meet the health and character requirements and have no debts to the Australian government.

5. Visa Fees - Parents are prepared to pay high visa charges for fast processing and as a means of contributing towards any future medical expenses that they may incur.

Travel Exemption for Parents of Australian Residents or Citizens - as at 22 October 2021

On 22 October 2021, the federal government opened up travel exemptions to come to Australia for Parents of Australian residents or Citizens, once international borders reopen, on approximately 02 November 2021.

Last week, Prime Minister Scott Morrison announced a major change in the definition of families would mean the parents of Australian citizens and permanent residents would be classified as "immediate family".

The PM signed off on the change this week, meaning parents – be that biological, adoptive, legal, step-parents or parents-in-law – can now apply for an exemption from Friday 22 October.

To apply, evidence of a parental relationship with an Australian citizen or permanent resident is required by the department as well as a valid passport and visa. In addition, Parents must be fully vaccinated with a jab recognized by the Therapeutic Goods Administration.

On 27 October 2021, the Department of Home Affairs confirmed that it will prioritize the processing of Visitor Visa applications for Parents of Australian Citizens or Permanent residents.

Sponsored Parent (Temporary) - Subclass 870 Visa

The 870 Visa is a Temporary visa that allows Parents to visit Australia for long periods of time to re-unite with their children. The Parents cannot apply for Permanent residence in Australia and this visa is usually intended for Parents that are not eligible for the Contributory parent or Parent Permanent visas.

1. Stay in Australia - Parents can stay for 3 or 5 years duration each time.

2. Renew 870 Visa - Parents can re-apply for further Sponsored Parent (Temporary) visas to visit up to a cumulative maximum period of 10 years in Australia.

3. Sponsorship - Parents must have an approved Parent Sponsor to apply for this visa. Note that the sponsor’s household is limited to one sponsorship at a time.

4. Processing Times and Costs - Current processing times in 2021 are 5 - 9 months. Visa Application Fees are $5,090 AUD for 3 Years or $10,180 AUD for up to 5 Years, as at September 2021.

Orphan Relative - 117 Visa

The Orphan Relative is for a child under 18 years of age who has no parent to care for them. An Orphan Relative 117 visa is for a child whose parents are dead, permanently incapacitated or of unknown whereabouts. The Sponsor must be a relative, who is an Australian citizen or permanent resident, and meet the character requirement.

Adoption 102 Visa

The Adoption category allows a child under 18 years of age to live permanently in Australia, where the child has been adopted or is in the process of being adopted by their sponsor.

The Adoption visa must be in the 'Best interests of the child'. The sponsor must provide documentary evidence of the Adoption overseas, which complies with the Hague Convention on Intercountry Adoption or a bilateral arrangement between Australia and another country. In addition, the Sponsoring parent must meet the character requirement, and confirm their obligations to provide financial support and accommodation for the adopted child, in Australia.

Dependent Child - 445 Visa

This category is for the natural child, adopted child or stepchild of the holder of a provisional Partner visa, which does not already include the child. Once the parent's permanent partner visa is granted, the child can apply to be added to their parent's permanent Partner visa application.

Aged Dependent Relative - 114 Visa

This visa is meant for older people, (old enough to receive an Australian pension) to move to Australia if they rely on a close eligible relative in Australia to provide financial support. The Applicant must be wholly or substantially dependent on relative for financial support, for at least three years prior to application.

Remaining Relative - 115 Visa

• You have no close family ties outside of Australia. Your only near relatives (brother, sister, child or step equivalent) are living in Australia as permanent residents.
• The' sponsor is an Australian citizen or permanent resident, 18 years or older, settled in Australia, and agree to provide financial support and accommodation to their relative.
• The applicant has no more than three near relatives residing overseas of which the applicant had no recent contact.

Carer 116 Visa

The 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.

The relative's need for assistance is likely to continue for at least two years, and they cannot reasonably obtain assistance from other relatives or from welfare or hospital services in Australia.

The relative cannot reasonably obtain assistance from other relatives or from welfare or hospital services in Australia. The relative needing care is an Australian citizen or permanent resident, and the relative has undertaken a medical assessment.

Visa Application Fees - as at 10 September 2021

See below a current range of costs for Application Fees to submit a Family Visa application to the Department of Home Affairs:

• Prospective Marriage visa (subclass 300) holders - Cost is $1,310 AUD for the main applicant. If you formerly held a Prospective Marriage visa but did't apply for the subclass 820 and 801 visas before that visa expired, then the Cost is $1,660 AUD.
• Dependent Child visa (subclass 445) holders - No Cost.
• Most other applicants - Cost is $7,850 AUD for the main applicant. The cost covers this Temporary visa and the Permanent Partner visa (subclass 801).
• Other Costs - for health checks, biometrics and police certificates.

Proposed changes to the Newly Arrived Resident’s Waiting Period for Payments from 1 January 2022

Announced in the 2021-22 Budget, subject to the passage of legislation, migrants granted a relevant permanent or temporary visa, on or after 1 January 2022 will have a Newly Arrived Resident’s Waiting Period of four years before they can access carer payments and family payments. This applies a consistent four-year waiting period for these payments with the existing four-year waiting period for working age payments, such as JobSeeker Payment.

From 1 January 2022, the changes will:

• Increase the existing waiting period for Carer Payment, Parental Leave Pay, and Dad and Partner Pay from two years (104 weeks) to four years (208 weeks)
• Increase the existing waiting period for Carer Allowance and Family Tax Benefit Part A from one year (52 weeks) to four years (208 weeks)
• Introduce a new waiting period of four years (208 weeks) for Family Tax Benefit Part B.

Temporary Concessions - Offshore Applicants can be in Australia at Time of Visa Grant - 30 November 2020

Government sources said partners who had visas that were about to run out would be allowed to stay in the country until changes were put in place in early 2021. Under present rules, partners who have lodged the $7000-plus offshore partner visa application must also be outside Australia just before their visa is granted.

On 29 November 2020, the government confirmed there would be a "temporary concession" for partners who were in Australia and unable to travel offshore due to border closures. The changes will also apply to child, adoption, dependent child and prospective marriage visas.

Acting Immigration Minister Alan Tudge said the changes would be reviewed in line with any updates to Australia's international travel restrictions. "These are commonsense changes to reduce the impact that the travel restrictions are having on our immigration program," he said. "Importantly, this will allow a foreign national who is a partner of an Australian citizen to progress their visa without having to leave the country."

Grant of certain Offshore applications to applicants Onshore, in 2021

From 27 February 2021, as a temporary COVID-19 concession, the Migration Regulations were altered to allow grant of certain Partner and Child visas to applicants who are located in Australia. The affected visas are as follows:

• Partner (subclass 309)
• Prospective Marriage (subclass 300)
• Child (subclass 101)
• Adoption (subclass 102)
• Dependent Child (subclass 445)

Office Address and Telephone - VisaConnect Australia

Contact VisaConnect's Consultants at our Brisbane, Queensland, Australia office below:

VisaConnect - Qld, Australia
Level 1, 16 McDougall Street,
Milton, Brisbane,
Queensland 4064
Australia

Telephone: (+61) 7 3040 9589