Family Migration

Family ImmigrationVisa Options

Australian residents, Australian permanent residents, and NZ residents can sponsor close family members for permanent residence or migration to Australia.

Partner Visas
Australian citizens and permanent residents can sponsor partners for migration to Australia. To sponsor a partner, you must either be married, in a defacto relationship, have a registered relationship or be engaged.
Parent Visas
Parents with at least half their children living permanently in Australia may be eligible for a parent visa which gives them permanent residence in Australia. Parents over a certain age may be eligible to apply for an onshore ‘aged parent’ visa which allows them to remain in Australia on a bridging visa during processing.
Visitor Visas for Parents
Parents with an Australian citizen or permanent resident children may be eligible for longer-stay visitor visas – this can be a low-cost alternative to parent visas.
Aged Dependent Relative Visas
Australian permanent residents can sponsor relatives they have been supporting financially for the last 2 years, provided the relative is aged 65 or over..
Remaining Relative Visas
Remaining relative visas require you to have all of your close relatives living lawfully and permanently in Australia. You would need to be sponsored by a relative who is a settled permanent resident or citizen.
Carer Visas
Carer visas allow Australian citizens and permanent residents with a medical condition or disability to sponsor a relative to live in Australia to take care of them.
Investor Retirement Visas
This option is for people aged 55 or overlooking to retire in Australia. Significant assets and income must be shown, and investment in Australian state or territory bonds is also required.
General Skilled Migration
If you are a skilled worker, then if you have relatives in Australia, they may be able to sponsor you for a general skilled visa. This would make it easier for you to meet the relevant pass mark for the application.

Partner Migration

Visa Options

If you are married to, engaged to, or living in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen, your partner may sponsor you for migration to Australia.

Approved Within 6 Weeks

I first approached Acacia Immigration for advice by email on a de-facto spouse visa and was impressed by the speed of reply as well as the quality, including a documents checklist. Further queries were also quickly responded to which led to my engaging Acacia to act on my behalf on my arrival in Australia.My application, which was not without complications, was subsequently approved within 6 weeks of lodging thanks to good information-sharing and excellent follow-up by Acacia’s principal, Mark Webster, and his staff. Furthermore, I was able to move onto full Permanent Residency status immediately rather than the 2-year temporary visa, which was an absolute bonus.

I would recommend Acacia Immigration’s services to any prospective client, whether applying from overseas or within Australia.

The main partner visa options are as follows:

Partner Visa

Partner visas are for people who are married or in a defacto relationship with an Australian citizen, permanent resident or eligible NZ citizen. This leads to permanent residence, usually over a period of 2 years.

You may be eligible for a partner visa if you are in a relationship with an Australian citizen, Permanent Resident, or eligible New Zealand citizen.

You must either be married or in have lived together in a de-facto relationship.

Partner & Family Visa Conditions and Duration

Once your initial partner application is granted, you will in most cases be issued with a Temporary Partner Visa. This will allow you to stay in Australia with have full work and travel rights, as well as access to Medicare.

After the two year period, the Department of Immigration will look to grant you a Permanent Partner Visa. At this stage, you will be asked for current evidence of your relationship.

In some circumstances, a waiver is available for the 2 year period before applying for permanent residence:

  • if you have been in the relationship with your partner for three years or more at the time of application; or
  • if you have been in the relationship for two years where there are dependent children of the relationship; or
  • if your partner was granted a permanent visa under the humanitarian program or was granted a protection visa and was in the relationship with you before the visa was granted and this relationship was declared to the Department of Immigration at the time.

In some circumstances, you may be eligible for permanent residence even if the relationship has broken up before the end of the 2 year period. These circumstances include:

  • If your partner has died during this period; or
  • If you and your Australian partner have children under 18 years of age; or
  • If you or your dependents have been subject to domestic violence during this period

Visa Criteria

In order to be eligible for a partner visa, you must meet the following criteria:

Genuine Relationship

You will need to show that you and your partner have a commitment to a shared life together, to the exclusion of all others. You and your partner must live together, or at least not live apart on a permanent basis.

The Department of Immigration will look at a number of aspects of your relationship, including:

  • Cohabitation: Usually evidenced through showing correspondence addressed to both of you at the same address
  • Financial Interdependence: For example, joint bank accounts, joint ownership of property, joint financial commitment such as leases, mortgages, insurance policies.
  • Social aspects of the relationship: Joint travel, joint social activities, joint participation in cultural or sporting activities.

Defacto Relationship – 12 Months Cohabitation

A de facto relationship would require evidence that you have lived with your partner for the last 12 months. The Department of Immigration requires documentary evidence that you have lived together (for example, a joint lease or correspondence sent to you at the same address).

It is possible to get a waiver of the 12-month requirement in cases where you are unable to live together due to exceptional circumstances.

If you are married, you do not need to show 12 months of cohabitation but will need to show that you are currently living together. If you have had your relationship registered in an Australian state or territory, you would be similarly exempt from the 12-month cohabitation requirement.

Health & Character

You will need to provide full health and police checks. If you do have a medical condition, a waiver of the usual health requirements is possible where the cost to the Australian community of treating the condition is not undue.

Please book an immigration consultation for advice on obtaining a partner visa.

Finance (Prospective Spouse) visa

The fiance or prospective spouse visa is a 9-month temporary visa which allows applicants to travel to Australia to marry their Australian partner. Once married in Australia, you would look at applying for a partner visa to obtain your permanent residence.

If you intend to marry an Australian citizen or permanent resident, you may be eligible for a fiance or prospective spouse visa.

Visa Conditions and Duration

A fiance visa lasts 9 months, during which you are expected marry your sponsor. You will be entitled to full work rights for the duration of the fiance visa. Once you are married, you will be eligible to apply for permanent residence through a partner visa.

Visa Criteria

In order to be eligible for a fiance visa, you must meet the following criteria:

  • Be engaged to an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
  • Intend to get married within Australia, then live in a spouse relationship together
  • You and your fiance have met and are personally known to each other
  • Both you and your fiance must, in general, be aged 18 years or over

For a fiance visa, you must be outside Australia both at the time of application and time of decision.

Please book an immigration consultation for advice on obtaining a fiance visa.

Proving a De Facto Relationship when Applying for a Partner Visa

If you are in a de facto relationship with an Australian permanent resident or citizen, it is possible to apply for a partner visa on this basis.

Many applicants fail in their applications because they do not understand how to prove that they are in a de facto relationship.

This article explains some of the finer details in evidencing a de facto relationship.

What is a De Facto Relationship?

A de facto relationship is where you are living together in an exclusive relationship with your partner, but are not formally married. Same-sex couples can also be recognized as de facto relationships under Australian Immigration law.

If you show that you are in a de facto relationship, you may be able to apply for a partner visa or include your partner in your visa application.

How Long Do I Need to Be in a Relationship?

In general, you would need to show that you have lived with your partner, or at least not apart on a permanent basis, for the last 12 months to apply for a partner visa.

This requirement must be met as of the date you make your application. Even if you can show that you have lived together for 364 days when you apply, your application would not normally succeed unless you can prove a full year of living together before the application is lodged.

The 12-month rule applies to most permanent and provisional Australian visas. For temporary visas, it is possible to apply with less time living together.

Are there Exemptions to the 12 Month Cohabitation Requirement?

You may be able to show that you are in a de facto relationship in some circumstances, even if you have not lived together for the full 12 months. These would include:

  • Where you have registered your relationship with an Australian state or territory government; or
  • There is a dependent child of the relationship; or
  • You are not permitted by law in your home country to live with your partner

How Do I Prove that I am Living With My Partner?

The most common way to prove that you are living with your partner is to provide evidence that you share the same residential address – this is referred to as “cohabitation”.

Usual evidence to establish this would include:

  • Property Lease
  • Property ownership – eg title deed, rates notice, mortgage documents
  • Postal correspondence addressed to either or both of you at the same address

Can I Use Time Spent Travelling with my Partner as Cohabitation?

If you have traveled with your partner for an extended period, this can in some circumstances be used as evidence of cohabitation.

However, it is important to show that you have moved in with your partner prior to the travel taking place and have established a joint household.

What if We Have Spent Time Apart?

To prove a de facto relationship, you must show that you live together, or at least not apart on a permanent basis.

If you have started living together, but then one partner moves temporarily due to external circumstances, it may still be possible to make a successful application.

External circumstances which may be acceptable include study, work or visa issues. It is important to show that you maintain close contact even though you are apart.

Is Showing that we Share the Same Address Sufficient?

Cohabitation is only one of the factors the Department of Immigration considers in proving a defacto relationship. You would also generally need to show:

  • Social Interdependence: that you are recognized by friends and relatives as a couple; and
  • Financial Interdependence: that you have pooled your financial resources to some extent

What if I am Still Married to Someone Else?

If you are married, but have separated and are living with a new partner, it is possible to show that you are in a de facto relationship with your new partner.

In this case, it is important to show that your relationship is exclusive – ie that your previous relationship has ceased.

Conclusion

Establishing a de facto relationship can be highly beneficial in making your application for an Australian visa if done correctly.

If you would like advice on how to prove a de facto relationship, please book a consultation with one of our advisors and they can give you more information on the requirements.

Relationship Register for Partners

To apply for a partner visa on defacto grounds, you would generally need to show you have lived with your partner for 12 months. The 12-month cohabitation requirement also applies when including a spouse for the following types of visa:

  • Permanent visas
  • Business Skills (Provisional)
  • Student visas
  • Partner visas
  • General Skilled Migration visas

However, you would be exempt from the 12-month requirement if you register your relationship in an Australian state or territory. You would need to show that you are living together and provide the usual evidence of relationship factors, but not necessarily for 12 months.

Registration provides legal recognition as a couple under the state law and as well as being beneficial for immigration purposes. Usual requirements include:

  • Both partners must be 18 years old or over
  • Must not be in a relationship as a couple with another person – in particular, they must not be married, in a defacto relationship or in a registered relationship
  • Must not be related by family.
  • Same-sex and different-sex couples can register their relationship.

Registration is available in NSW, QLD, Victoria.

True Migration’s Expertise

It is clearly of the utmost importance that family members can join you in Australia as quickly as possible. True Migration Immigration Australia has extensive experience with Family Migration cases and we can assist you with:

  • Selecting the most appropriate visa option for you
  • Lodgement and processing of the visa application on your behalf
  • Complications with meeting the sponsorship or assurance of support requirements

Please book an immigration consultation if you would like advice about sponsoring family members.

Parent Visa

Parent Visa enables parents of children who are Australian citizens or permanent residents to be sponsored for permanent residence in Australia.

Parents of Australian citizen or permanent residents may be eligible for long-stay visitor visas for parents, and this may be an option worth considering.

Duration and Conditions

Apart from the contributory parent (temporary) visa, all parent visas are permanent visas.

Criteria

The main criteria are as follows:

  1. The parent must be sponsored by a child who is an Australian citizen or permanent resident. The sponsor must be “settled” – generally the sponsor would need have been lawfully resident in Australia for at least 2 years.
  2. The applicant must pass the “balance of family test”. That is, the number of children who are lawfully and permanently resident in Australia must be:
    • Greater than, or equal to, the total number of children who are resident overseas; or
    • Greater than the greatest number of children who are resident in any single overseas country.
  3. An assurance of support is required in all cases.

Contributory Parent Categories

The Australian government has introduced “contributory” parent visa categories, which require the payment of a high application fee to cover medical expenses

From 2 June 2014, the lower cost “non-contributory” parent visa subclasses were closed to new applications. It is no longer possible to apply for non-contributory parent visas. The non-contributory subclasses were reopened in October 2014, but it is not clear how long they will be open for.

There are two types of contributory parent visa:

  1. Contributory Parent (Permanent): This is a permanent visa which is generally processed within 18 months. Total cost for the application is over $40,000 per parent
  2. Contributory Parent (Temporary): This is a 2-year temporary visa which is about half the cost of the permanent contributory parent. Applicants would generally look at applying for a permanent contributory parent visa within the 2-year validity of the visa. The total cost of applying is approximately the same as a permanent contributory parent visa, but it is split over two visa applications.

Do I Apply in Australia or Overseas?

In general, parent visas must be applied for outside of Australia. However, it is possible to apply for an aged parent visa from within Australia. In order to do so, at least one of the applicants must be aged 65 or over.

If the application is lodged in Australia, the applicants will be able to remain in Australia on bridging visas whilst their applications for parent visas are being processed.

Visitor Visas for Parents

For many people, a permanent parent visa may be out of reach. The contributory parent visa, which currently takes about 2 years to be approved, costs approximately $45,000 per parent. The non-contributory option is much less expensive but current waiting time is 30 years or more.

A visitor visa may be a fast and inexpensive alternative to bring parents to spend time with family in Australia. Longer validity visitor visas are available for parents of Australian permanent residents and citizens.

This article explains the visitor visa options for parents.

Electronic Travel Authority/eVisitor

These are short-stay visitor visas which can be applied for online. They are relatively inexpensive and approval is quite fast – usually within 24 hours.

They are only available if you hold a passport from certain countries – generally Europe, North America or East Asia.

They would allow multiple entries, but a maximum of 3 months for each stay in general.

Longer Stay Visitor Visas for Parents

If you have Australian permanent resident or citizen children, you may be eligible for a longer stay visitor visa.

These longer stay periods are only possible when applying whilst you are outside Australia.

Parent Visa Applicants

If you have applied for a parent visa and are currently in the queue awaiting grant, you may be eligible for a longer stay visitor visa.

This could be valid for up to 5 years and would be multiple entries allowing up to 12 months’ stay for each visit.

Parents of Australian Citizen or Permanent Resident Children

If you are not in the parent queue, you can still be considered for a longer stay visitor visa. This would allow you to stay in Australia for up to 12 months on each visit. The duration of the visa will depend on whether you have had a history of traveling to Australia previous and returning within your visa period (compliant travel):

  • 3 Years: a history of compliant travel
  • 18 Months: no history of compliant travel

De Facto Residence

Even if you have a long-stay visitor visa, you will need to show that you are spending at most 12 months in each 18 month period in Australia. For instance, if you have just spent 12 months in Australia, you would need to spend at least the next 6 months outside Australia. Otherwise, Immigration may consider you to be taking up “de facto residence” and you may be denied entry to Australia or have your visitor visa canceled.

Advantages of Visitor Visas

The main advantages over a permanent parent visa are as follows:

  • Lower cost: generally fees for a visitor visa would be $135 versus $45,000 or more per parent for a permanent visa
  • Faster processing time: visitor visas are generally granted within several weeks. Even for the fast-track contributory parent visa, waiting time can be over 2 years

Disadvantages of Visitor Visas

Main disadvantages of a visitor visa versus a parent visa would be:

  • Shorter stay period: a permanent partner visa allows you to stay in Australia indefinitely. The maximum stay period a visitor visa can be granted for is 12 months
  • No work: on a permanent parent visa, you can work full time. Visitor visas have no work rights
  • No Access to Medicate: on a permanent parent visa, you have full access to the Australian health care system. On a visitor visa, you have no access and may need to obtain private health coverage.

Conclusion

Visitor visas can be a good alternative to parent visas, as they are relatively inexpensive and give a fast outcome.

If you obtain a long-stay visitor visa, it can allow your parents to spend a significant amount of time in Australia.

On the other hand, if your parents do wish to live in Australia long time, you can minimize cost and risk by applying for a parent visa sooner rather than later.

If you would like detailed advice on your options, please book a consultation with one of our advisors.

Carer Visas

Carer Visas

The Carer Visa allows Australian permanent residents and citizens with a disability to sponsor relatives to live permanently in Australia to take care of them.

Due to the low number of places available in the migration program for this type of visa, waiting times may be very long.

Visa Criteria

Sponsorship by a Relative in Australia

The applicant must be related to an Australian Citizen, Permanent Resident, or an eligible New Zealand Citizen. The following relatives are eligible to sponsor for the Carer Visa:

  • Parent
  • Children
  • Brothers and Sisters
  • Aunts & Uncles
  • Nieces & nephews
  • Grandchildren or grandparents.

This includes half and step-relatives and relatives that have been adopted. The partner of one of the above relatives is also eligible to be the sponsor.

In order to sponsor for an Aged Dependent Relative visa, the sponsor must be over 18 and “settled” in Australia (this generally means having lived here for at least the last 2 years).

Relative Requiring Care

The visa applicant must be sponsored to take care of the Australian relative, or a member of the relative’s family unit. The care must be shown to be necessary for at least the next 2 years.

Before proceeding with the application, the person requiring care must be assessed by an approved doctor as needing care due to a particular medical condition. The relative will need to demonstrate a condition resulting in an impairment of at least 30/100 and as a result, requires assistance with daily care.

You must also show that the assistance cannot reasonably be provided by other Australian relatives or by Australian health or community services.

Age

There is no age limitation for this type of visa.

Assurance of Support

An assurance of support is required in all cases.

Duration and Conditions

Results in the grant of a permanent visa with a travel facility valid for 5 years from the date of grant.

Do I apply in Australia or Overseas?

You may either be in Australia or overseas when applying for a Carer Visa.

If you would like to discuss your eligibility for a carer visa please book an immigration consultation through our website.

Aged Dependent Relative Visas

The Aged Dependent Relative Visa is a permanent visa for older people who are single and financially dependent on an Australian citizen or permanent resident.

Due to the low number of places available in the migration program for this type of visa, waiting times may be very long.

Visa Criteria

Sponsorship by a Relative in Australia

The applicant must be related to an Australian Citizen, Permanent Resident, or an eligible New Zealand Citizen. The following relatives are eligible to sponsor for the Aged Dependent Relative Visa:

  • Parent
  • Children
  • Brothers and Sisters
  • Aunts & Uncles
  • Nieces & nephews
  • Grandchildren or grandparents.

This includes half and step-relatives and relatives that have been adopted.

In order to sponsor for an Aged Dependent Relative visa, the sponsor must be over 18 and “settled” in Australia (this generally means having lived here for at least the last 2 years).

Dependency

The applicant must have been financially dependent on the sponsor for approximately three years and remain so. To be financially dependent the applicant must rely on the sponsor for financial support for their basic needs such as food, clothing, and shelter.

Marital Status

The applicant must not be married at the time of application. This can be as a result of being widowed, divorced or formally separated.

Age

The main applicant must be at least 65 years of age.

Assurance of Support

An assurance of support is required in all cases.

Duration and Conditions

Results in the grant of a permanent visa with a travel facility valid for 5 years from the date of grant.

Do I apply in Australia or Overseas?

You may either be in Australia or overseas when applying for an Aged Dependent Visa.

If you would like to discuss your eligibility for an Aged Dependent Relative visa please book an immigration consultation through our website.

Remaining Relative Visas

The Remaining Relative Visa is a permanent visa for people whose entire family is living permanently in Australia have no close relatives outside Australia.

Due to the low number of places available in the migration program for this type of visa, waiting times may be very long.

Duration and Conditions

Results in the grant of a permanent visa with a travel facility valid for 5 years from the date of grant.

Visa Criteria

Sponsorship by a Relative in Australia

The applicant must be related to an Australian Citizen, Permanent Resident, or an eligible New Zealand Citizen. The following relatives are eligible to sponsor for the Remaining Relative Visa:

  • Parent
  • Brothers and Sisters

This includes half and step-relatives and relatives that have been adopted. In order to sponsor for a Remaining Relative visa, the sponsor must be over 18 and “settled” in Australia (this generally means having lived here for at least the last 2 years).

No Overseas relatives

The applicant must have no brothers, sisters or parents living outside Australia. If the applicant is married or has a defacto partner, the spouse must also not have any brothers, sisters or parents living outside Australia.

Assurance of Support

An assurance of support is required in all cases.

Do I apply in Australia or Overseas?

You may either be in Australia or overseas when applying for a Remaining Relative Visa.

If you would like us to check your likely eligibility for migration or if you would like us to assist you with your application, you can book a consultation through our website. We will then provide you with a comprehensive preliminary assessment of your likely eligibility and can discuss with you the best way to proceed with your application.

Investor Retirement Visas

This visa is for older people with no dependents (other than a spouse) who want to retire in Australia.

Visa Criteria

  1. You must be at least 55 years of age and have no dependents other than a spouse. Your spouse can be under 55 years of age.
  2. You must be sponsored by a State/Territory government in Australia.
  3. If you intend to live in a regional area of Australia, you must have at least:
    • $500,000 assets available for transfer to Australia AND;
    • $50,000 net annual income from investment or pension rights.
  4. If you intend to live in a non-regional area of Australia, you must have at least:
    • $750,000 assets available for transfer to Australia AND;
    • $65,000 net annual income from investment or pension rights.

    You must have held all of the assets for 2 years before applying unless the assets relate to inheritance, superannuation, or pension rights.

  5. You must invest in State/Territory government bonds:
    • $500,000 if you intend to live in a regional area OR;
    • $750,000 if you intend to live in a non-regional area.
  6. You must meet health, character, public interest and special return criteria.

How do I apply?

You can apply from either outside Australia or in Australia (providing you are in Australia as the holder of a substantive visa).

Visa Conditions

  • This visa allows you to stay temporarily in Australia for 4 years.
  • If you wish to stay longer, you can apply for a further Investor Retirement visa which is valid for another 4 years. You will need to satisfy certain health and financial criteria and also lodge a further bond.
  • You are not entitled to social security or welfare benefits while in Australia, and you will need to take out adequate health insurance to cover your stay in Australia.
  • You will be entitled to work for up to 20 hours per week on your investor retirement visa.

Assurance of Support (AOS) Bond

What is an Assurance of Support?

Assurances of support can be required for a number of visa types. Simply stated, an assurance of support is an agreement to financially assist a migrating family if necessary, to ensure that cost to the Australian taxpayer is minimised. The assurer agrees to repay social security payments claimed by the visa applicant or members of the family migrating to Australia. These payments include:

  • Special Benefit
  • Newstart Allowance
  • Widow Allowance
  • Mature Age Allowance
  • Parenting Payment (Partnered)
  • Partner Allowance
  • Youth Allowance
  • Austudy Payment
  • Crisis Payment

Who Can Give an Assurance of Support?

Generally the Assurance of Support is provided by a family member living in Australia, however, it is not necessary for the assured to be a relative, so long as they can show sufficient taxable income in Australia to meet the requirements to be approved as an assurer.

Assurances of support can also be given by Corporations or Unincorporated Bodies. It is also possible for up to 3 people to lodge a joint assurance of support – in this case, the income of each person can be counted towards the required minimum.

Limitations on Assurances of Support

It is only possible for an individual to act as assurer for two adults at a time. There is no limit to the number of people a company can assure at once.

Types of Assurance of Support

There are 2 types of Assurance of Support:

  • Mandatory or Bonded Assurance of Support
  • Discretionary or Unbonded Assurance of Support

A Mandatory Assurance of Support is required for sponsored skilled migration visas, parents, remaining relatives, and aged dependent relatives. For these types of visa, the Assurance of Support is required for grant of the visa in all cases.

For Mandatory Assurances of Support, a bond is payable. The bond is held for 2 years for most types of visa (or 10 years for contributory parent visas). Centrelink payments which are claimed by the visa applicant and migrating family are deducted first from this bond, and any amount in excess of the bond is recovered from the assurer.

A Discretionary Assurance of Support can be requested by the Department of Immigration for a wide range of visas but is most often requested where sponsorship is required for grant of the visa – for instance child visas. Most commonly, a Discretionary Assurance of Support is requested where the income of the sponsor is quite low. No bond is required for the Discretionary Assurance of Support, but a similar income requirement applies (except if the assurer is single with no child dependents).

Note that from 1 January 2012, no Assurance of Support is required for provisional partner visas.

Financial Requirements to be an Assurer

Assurers must meet minimum taxable income requirements. The income can only be evidenced by Australian Taxation Office (ATO) Notices of Assessment. The Notices of Assessment are issued by the ATO when the assurer lodges their tax return, and indicate the taxable income.

The taxable income must be shown for the last 2 financial years (or the 2 prior to that, if the latest Notice of Assessment is not yet available). The assurer also needs to show that the income is still at the required minimum, by providing a letter from their employer or payslips.

Note that assets cannot generally be taken into consideration in assessing the financial capacity as an assurer. The only situation where these can be taken into account is where the Assurance of Support is discretionary, and the income is within 10% of what is required.