FAMILY MIGRATION - AUSTRALIA

Australian Lawyers and Migration Agents - Family Migration Advice

Our Australian Immigration Lawyers and Registered Migration Agents are experienced and ethical. We can assist clients in our offices in Melbourne or Brisbane, Australia and in Hong Kong. In addition, our Australian qualified Lawyers can advise clients worldwide, with a fast and efficient Consultation by telephone or skype where they advise you about:

Visa eligibility assessment
Information about the visa process
Advice regarding supporting documents including: Relationship documents, including relationship statements
Advice regarding Statutory declarations from Witnesses supporting your partner relationship
Advice regarding evidence of a relationship
Advice regarding Assurance of Support
Advice regarding how to apply for Police Clearance certificates
Preparation of Medical examination and Chest x ray referral letter and advice where to undergo health checks
Visa Processing time guidance
Information about the Government Visa Application fee and Migration Agent / Lawyers fees for complete visa application assistance

Contact VisaConnect's Australian Immigration Lawyers and Migration Agents in 2021 for advice and assistance with your Family migration - Fiance, Partner visa, Parent visa, Child visa application for Australian permanent residence!

Marriage and De Facto relationships

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.

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

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

2. 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.

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

4. 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.

5. 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 fiancé 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.

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.

A child means a natural child, stepchild or adopted child of a sponsor, usually under 18 years of age, and single.
The visa application must be in the 'Best interests of the child'.
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:

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

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

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.

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.

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

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)