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If you plan to marry, are married to, or are in a committed relationship with an Australian citizen or permanent resident, you may be able to obtain a partner-based visa for immigration to Australia.
The Australian citizen/permanent resident will act as a sponsor for your visa. This means that your sponsor will provide a written statement pledging to support you for your first two years in Australia, including accommodation and financial assistance to meet reasonable living needs. Family migration applicants are assessed on an individual basis by the Australian immigration authorities, and are assessed against Australia's health and character requirements.
If you are married to an Australian citizen, permanent resident or eligible New Zealand citizen, or have been in a defacto relationship (common law) with one for at least 12 months, you may be eligible for immigration by obtaining a Spouse Visa to Australia. Your spouse may sponsor you for a period of two years. After this, if the relationship is still genuine and continuing, you may be eligible for permanent residence.
In order to be eligible for a spouse visa to Australia, you must fulfill the following requirements
You may either be in Australia or overseas when applying for a spouse visa for Australia, although there are advantages to applying from within Australia. Please contact us for advice on obtaining a spouse visa.
Once your initial application is granted, you will be issued with an Extended Eligibility Temporary Visa. This will allow you to stay in Australia for two years and you will have full work rights during this period.
In some circumstances, it is not necessary to wait the two-year period before applying for permanent residence. This may happen if:
After the two-year period, you will be entitled to apply for permanent residence in Australia provided that your relationship still continues.
In some circumstances, you may be eligible for permanent residence even if the relationship has broken up before the end of the two-year period. These circumstances include:
If you intend to marry an Australian citizen or permanent resident, you may be able to obtain a fiancé visa for immigration to Australia. Your fiancé can sponsor you for temporary residence in Australia for up to nine months during which the marriage must take place.
In order to be eligible for a fiancé (prospective marriage) visa, you must fulfill the following requirements
You must be outside Australia when you apply and when you receive your Australia fiancé visa. Depending on the circumstances, you may wish to employ the services of a migration agent. Please contact us for advice on obtaining a fiancé visa.
A fiancé visa lasts nine months, during which you must marry your sponsor. You will be entitled to full work rights for the duration of the fiancé visa. Once you are married, you will be eligible to apply for permanent residence through a spouse visa.
Please contact us for further information about how to proceed with your application for this type of visa.
If you are in a genuine interdependent relationship with an Australian citizen, permanent resident or eligible New Zealand citizen and wish to enter and remain permanently in Australia, you will need to obtain an Interdependent Partner visa. This provision includes same sex couples.
The Interdependent Visa may be applied for from inside or outside Australia. If you are applying while you are in Australia you must hold a valid substantive visa.
These are temporary visas. Once granted, they are valid for two years from date of application. If the relationship is still genuine and ongoing at the end of the two years, applicants may apply for a permanent visa.
Applicants for a visa in the Parent category must be sponsored. If you are the parent of an Australian citizen, Australian permanent resident or eligible New Zealand citizen you may be able to qualify for this type of visa if your child is willing and able to sponsor you. Please note that there are 1,000 places available for regular parent visas, and there is a long wait for this type of visa.
Generally, the following are requirements for visas in the parent category:
The contributory parent category has 3,500 places and normally a shorter waiting period than the already-mentioned parent visas.
There are four parent visa subclasses in the contributory category:
Parents of any age residing outside Australia will be able to apply, but only aged parents residing in Australia will be able to apply. Aged refers to men over 65 and women the qualifying age is 62.5.
There are two payment options for contributory parent visa applicants:
The contributory parent visa category also requires a 10-year, AU$10,000 AoS bond for main applicants and A$4,000 for adult secondary applicants (for temporary visa holders, this is payable during processing of the permanent visa).
Generally, the following are requirements for contributory Parent category:
The Australia Family Relationship visa is designed to give a young family member the opportunity to live and learn in Australia for up to 12 months.
The Australia Family visa is intended for the temporary stay of unmarried people of secondary school age to have an extended holiday of up to 12 months, with an opportunity to learn about Australia while staying with relatives or close family friends.
At least one member of the family/close family friends must be an Australian citizen, permanent Australian resident or eligible New Zealand citizen.
The main purpose of stay must not be to improve your proficiency in English or to undertake formal studies. This means any course or studies over three months. This visa does not give you the right to work.
Remaining Relativevisa is for people who are the only members of their family left outside Australia, apart from young children. If you are married, your spouse must also be without close relatives, either in your present country, or in any other overseas country.
If you plan to migrate to Australia on a Carer Visa, you must have a relative in Australia who needs you to look after them. They must need your care because they cannot care for themselves – either because of illness, or mental or physical disability. This need for personal care must be likely to continue for at least two years.
Resident Return Visas (RRV) is for permanent residents, or former citizens who have lost their citizenship, to return to Australia.
Aged Dependant Relativevisa allows elderly relatives to reunite with family in Australia. If you are an elderly person, you need to have been largely supported, financially, by your Australian relative for the last three years. Your relative needs to be an Australian citizen or to have been a permanent resident in Australia for the last 2 years.
Aged Parents Migration Visa is for the parents of Australian citizens or legal residents to reunite with their children in Australia. If you have children living in Australia, you may be able to join your family and see your grandchildren growing up. To apply for this visa, one of you - if you are a couple - must be over the legal age for retirement in Australia.
Woring-Age Parents Migration Visa is for the working-age parents of Australian citizens or legal residents to reunite with their children in Australia. If you have children living in Australia, you may be able to join your family and see your grandchildren growing up.
Orphan Child Migration visa is for children under 18 who have no parent to care for them overseas, but they do have family in Australia. Their Australian relatives need to be grandparents, brothers or sisters, aunts or uncles, or a niece or a nephew (or the step equivalents).
Adoption Migration Visa (subclass 102) is for citizens or legal residents of Australia to bring a child under 18 years of age into Australia for adoption. The Australian adoption papers must have been completed before you apply for the child to migrate, or be in process.