We understand that being able to bring family to Australia, whether permanently or temporarily, is important to our clients.
Here we provide some information on some family visa options that may be available, and common requirements to guide you in what factors there are that you may need to consider.
TYPES OF FAMILY VISAS
What visas are available for family members?
There are many types of visas that allow family members to be brought to Australia temporarily or permanently. Some family visa options may include:
- Child visa (subclass 101 or 802) (for offshore and onshore options)
- Aged Parent visa (subclass 804)
- Contributory Parent visa (subclass 143)
- New Zealand Citizen Family Relationship visa (subclass 461)
- Sponsored Parent (Temporary) visa (subclass 870)
- plus more (see the Family and partner visa section on the Department of Home Affairs website)
What are the requirements for family visas?
The requirements for family visas vary. Here we discuss some common requirements that may apply in various family visas.
Establishing the family relationship
A fundamental part of the family visas is establishing that there is a family relationship of specific kind that make the applicant eligible for the specific family visa.
For example, a child visa would naturally require that there is a parent-child relationship between the visa applicant child and the sponsor, which is generally the Australian citizen or permanent resident parent. Similarly, with many parent visas, a parent-child relationship would need to be established between the visa applicant parent and the sponsor (generally the Australian citizen or permanent resident child)
The relationship between the visa applicant and sponsor does not necessarily need to be biological; step or adopted child/parents may also be eligible.
In some circumstances, the partner or guardian of the relative may be the sponsor.
In most family visas, the Australian citizen, permanent resident, or eligible New Zealand citizen relative over the age of 18 years will need to sponsor the applicant for a visa. This is done through lodging a ‘sponsorship’ application.
Some common aspects that may be relevant to a sponsorship application are:
- The sponsor’s Australian citizenship, permanent residency status, or eligible New Zealand citizen status
- Financial circumstances, such as whether the sponsor can financially support the visa applicant (this factor is relevant to many parent visas)
- Whether the sponsor has any criminal convictions or offences
Assurance of support
An assurance of support is an agreement with the government to financially assist the migrating family member if and when necessary, to ensure that the cost to the Australian community is minimised. The agreement is a contractual promise to pay back any social security benefits (e.g. Centrelink payments) that are made to the family member who migrates to Australia.
Assurances of support are a common feature of many family visas.
Each specific family visa has its own requirements and rights. Our team of immigration law experts can help you and your family to determine the right family visa pathway to suit your intentions and eligibility.