Paul Cutler - Migration Agent
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LIVING IN AUSTRALIA

TERMS OF USE
Family members who are Australian citizens or permanent residents can assist their relative's application for migration in a number of ways
If you are married, engaged, in a de facto or same sex relationship with an Australian citizen, permanent resident or New Zealand citizen then you may be eligible for visa based on the relationship. You may also be eligible for permanent residence if you are the parent or child of an Australian citizen or permanent resident..

If you are an applicant for a skilled visa, your Australian relative may be able to sponsor you. In some cases your relative may be requested to provide an assurance of support. This means they will promise to provide financial support to you for 2 years and will be required to pay a refundable bond.

For an overview of the family migration stream see the official fact sheet.

Spouse Visas

For immigration purposes, spouse includes legally married and de facto couples as well as those in interdependent relationships (gay and lesbian partners).
There are two basic requirements for all spouse visas:
  1. that the relationship is genuine and continuing; and
  2. that the applicant and the spouse must have a mutual commitment to shared life together to the  exclusion of all others.
In addition for de facto (and same sex couples) there is a requirement that you have lived together (or only temporarily apart) with your spouse for a period of one year.

Applications for spouse visas can be made either in Australia or overseas. In most circumstances a successful applicant will be granted a provisional spouse visa for a period of two years before being eligible for permanent residency (provided that the relationship is still going).

For more detailed information about spouse visas see the official fact sheet. There are also FAQ for both the spouse/partner and interdependent categories.

Fiancé (Prospective Spouse)

Applications for this class of visa cannot be made in Australia. The two principal requirements are that:
  1. you and your fiancé have personally met; and
  2. there must be a genuine intention to marry within 9 months of entering Australia.
For more detailed information see the official fact sheet and the FAQ for the fiancé category.

Parent, child and other family

To be eligible for a parent visa:

  1. you must be a parent of a child who is an Australian citizen, Australian permanent resident or an eligible New Zealand citizen;
  2. your child must be settled in Australia (in most cases, lawfully and permanently resident for at least 2 years) and generally must sponsor you; and
  3. you must pass the balance of family test
Each year the number of visa applications by parents exceeds the annual quota. Consequently there are long delays (10 years or more) in the processing of parent visas.

One of the policy concerns of the Australian government is that elderly people may become a burden on the Australian health and social security systems. To address this issue and the backlog in the processing of parent visas a contributory parent visa was introduced in 2003.  The contributory parent visa minimises the risk by allowing individuals who can afford to pay a substantial bond to have their parent visa processed quickly. Look at the FAQ for more information.

Follow the following links to the official fact sheets for migration procedures for children  and migration procedures for other family - which includes aged dependent relatives, remaining relatives and carers.
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 TEL: +61 2 9499 3895   FAX: +61 2 9499 3610   EMAIL: paul@paulcutler.com.au