AUSTRALIA FAMILY VISAS

Australia understand that family is important. Gogozing Migration recognises the need for family members to be together, and that some family members require support from their close relatives.

The family migration scheme allows eligible applicants to sponsor their family members to join them in Australia on a temporary or permanent basis.

Both the sponsor and applicant will need to meet the eligibility criteria which varies depending on the specific visa class that is being applied for.

The sponsor will be required to provide support for the applicant for up to a two year period from the time they arrive in Australia. In addition, the sponsor may be required to provide a written undertaking and in some cases will be required to provide an Assurance of Support (AoS).

The applicant will need to meet the eligibility criteria for the visa in question. This may include satisfying the health and character requirements, meeting the balance-of-family test and providing biometric identification. There are various types of visas in the family migration scheme which range from child, adoption, parent and dependant relative visas.

 

WHO CAN APPLY FOR A FAMILY SPONSORED VISA?

The family stream facilitates the reunion of Australian citizens, Australian permanent residents and eligible New Zealand citizens with their close family members.

Family sponsored visa applicants typically include:

  • Children with parents resident in Australia
  • Parents with one or more children settled in Australia

101 – CHILD VISA

The child visa pathway allows parents to sponsor their children to join them in Australia. If the child is younger than 18 years, the parent can apply on behalf of the child.

This visa is suitable for a child of an:

  • Australian citizen
  • Australian permanent resident, or
  • eligible New Zealand citizen
  • Note: In most cases the child (applicant) must be under 18 years of age.

If granted, this permanent visa will allow a child to travel to and remain in Australia with their parent sponsor.

 

GENERAL REQUIREMENTS FOR CHILD VISA

 

1. Eligibility

To get this visa, the child must be:

  • sponsored by their parent or their parent’s partner
  • single
  • younger than 18 years of age, or:
  • a full-time student between 18 and 25 years of age, or
  • 18 or older and unable to work due to a disability and dependent on the sponsoring parent.

The child can include their own dependent children in this application.

 

The Sponsor

The sponsor of the child must either be:

  • a permanent Australian visa holder
  • Australian citizen, or an
  • eligible New Zealand citizen

 

Stepchildren

Requirements for this visa include:

A stepchild only falls under the Child visa category if:

  • the step-child is under 18 years old, and
  • the sponsoring step-parent is legally responsible for the step-child, but is no longer the partner of the child’s related parent

 

Relationship Status

The child must be:

  • the biological child or adopted child of the sponsoring parent
  • a step child who has not turned 18 of a step-parent who is no longer the partner of the child’s parent but has a legal responsibility to care for the child.
  • An adopted child must have been adopted before their parent became an Australian citizen or the holder of an Australian permanent resident visa or an eligible New Zealand citizen.

 

Child Dependency

  • In order for the child to be considered dependent on their sponsor they must be completely reliant on their sponsor – a child under 18 years is considered to be a dependent child. A child who has already turned 18 years of age, can still be considered a dependent child if they are more reliant on their sponsor than any other person or source of financial support.
  • Where the child has relied on their sponsor to provide food, shelter and clothing for a substantial period of time (generally 12 months), or where the child is reliant on their sponsor due to disabilities (partial loss of bodily functions or mental functions) the child may be considered to be dependent on their sponsor.

 

2. Age Requirements

  • At the time the visa application is lodged, the child must be under 25 years old. In cases where the child has already turned 18 years, they must be a full time student and in addition they must be financially dependent on their sponsor (usually the parent).
  • Full time students must be enrolled and must actively participate in a post-secondary and full-time course which leads to a professional or vocational qualification. The student will be required to have been attending that course since turning 18 or have started their studies within 6 months of completing secondary school.
  • Note: Any child in full-time employment will not be considered dependent on their parent.

 

3. Assurance of Support

An Assurance of Support (AoS) is a legal undertaking by the sponsor, family relative, an organisation, or any other person who may be eligible to be an assurer, to repay certain social security payments to the Australian Government which has been paid to a person or their family members applying to migrate to Australia during their AoS period.

103 - PARENT VISA

If you have one or more children living in Australia, you might be eligible to apply for an Australia parent visa (subclass 103).

This visa is suitable for the parent or parents of a child/step-child who is a settled Australian citizen, settled permanent resident, or settled eligible New Zealand citizen. If granted, this visa will allow the parent or parents to permanently migrate to Australia to join their children.

Whether you qualify for this visa depends on a number of factors, such as:

  • residence status of your child(ren) in Australia
  • the amount of time the sponsoring child has lived in Australia
  • whether you meet the balance of family test
  • whether you meet certain health and character criteria

 

GENERAL REQUIREMENTS FOR PARENT VISA

 

1. Eligibility

You might be able to get a Parent visa (subclass 103) if you:

have a child who is:

  • an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen
  • lawfully resident in Australia for at least two years (a shorter period can be considered for Australian citizens if there are compelling and compassionate circumstances)
  • meet the balance-of-family test
  • meet health and character requirements
  • have a sponsor.

The Sponsor

You must be sponsored by a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen. For most applicants, your child or your child’s spouse or de facto partner will need to sponsor you.

If your child is younger than 18 years of age you can be sponsored by:

  • your child’s spouse, if the spouse has turned 18 and is a settled Australian citizen, permanent resident or eligible New Zealand citizen
  • a relative or guardian of your child, if the relative or guardian has turned 18 and is a settled Australian citizen, permanent resident or eligible New Zealand citizen
  • a relative or guardian of your child’s spouse, if the spouse has not turned 18 and is a settled Australian citizen, permanent resident or eligible New Zealand citizen
  • a community organisation.

 

2. Health requirements

  • You must meet certain health requirements. The results are usually valid for 12 months. This also applies to all members of your family unit included in your application, whether they are migrating or not.
  • You are responsible for the cost of health assessments and any other tests and for making the necessary arrangements. The results are usually valid for 12 months.

 

3. Character requirements

You must meet certain character requirements. You must be prepared to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. This also applies to all members of your family unit in the application who are 16 years of age or older.

 

4. Sign the Australian Values Statement

  • If you are older than 18 years of age, you must sign an Australian Values Statement to confirm that you will respect the Australian way of life and obey Australian laws. The statement is included in the visa application form. You must have read, or had explained to you, the Life in Australia book before you sign the statement.

 

5. Debts to the Australian Government

  • You must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government before this visa can be granted.
  • This also applies to all dependent family members listed in the application, whether they are migrating or not.

 

6. Visa application limitations

If you are inside Australia, in certain cases you may be prohibited from applying for this visa, such as:

  • if there was a condition in your previous visa that you would not be granted a substantive visa while you are in Australia
  • you do not currently hold a substantive visa and have had a visa refusal or cancellation since you last arrived in Australia
  • you currently hold a sponsored visitor visa
  • you are held in immigration detention

OTHER FAMILY VISAS

The other family category consists of the following three visa types:

  • a carer visa is for applicants willing and able to give substantial, continuing assistance to an Australian relative or member of their family who has a medical condition that impairs their ability to attend to the practical aspects of daily life. The need for assistance must be likely to continue for at least two years
  • an aged dependent relative visa is for single, widowed, divorced or formally separated applicants who are dependent on an Australian relative
  • a remaining relative visa is for applicants who have no near relatives outside Australia and are the brother, sister, child or step equivalent of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

Every person has their own specific situation and to see if you are eligible for any on the other family visa categories then please contact us.

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