Migration to Australia: how to obtain family visas

Family visas are included in what the Australian Department of Immigration and Citizenship (DIAC) officially calls the Family Stream. Visas that fall into this category are intended to bring together people who have close family members who are Australian citizens or Australian permanent residents or eligible New Zealand citizens.

There are many Australian visa options for couples, parents, fiancés, children and other close relatives of Australian citizens, Australian permanent residents or eligible New Zealand citizens.

It is important to mention that some visa options under Family Stream may be limited and queued, resulting in long waiting periods in some cases. It is imperative that you obtain professional advice if you are thinking of migrating to Australia under this category. Migration agents will be especially useful to you in this case. Experienced migration agents will be able to tell if there is a better visa option for you to pursue.

Visa options under Family Stream

Partner category

This category applies to:

• Married couples

• Engaged couples

• Domestic partnerships or what in some countries are known as common law spouses, including same-sex relationships.

main category

This category applies to you if you have a child who is in Australia and that child is an Australian citizen or Australian permanent resident or eligible New Zealand citizen. It sounds pretty straightforward, but there are actually many Australian visa options in this category, and immigration lawyers can direct you to the most suitable option to increase your chances of a successful application.

There are at least 9 parental visa options available. The first 4 visa options are for parents who are eligible for an Australian Old Age Pension by virtue of their age, but after they are granted a permanent visa they will have to wait 10 years before receiving an Old Age Pension.

• If you are in Australia

1. Elderly parent visa (subclass 804)

2. Senior Contributing Parent Visa (subclass 864)

3. Elderly Contributing Parent Visa (subclass 884)

4. Elderly parent taxpayer visa (from subclass 884 to subclass 864)

5. Taxpaying Parent Visa (from subclass 173 to subclass 143)

• If you are outside of Australia

6. Parent visa (subclass 103)

7. Contributing Parent Visa (subclass 143)

8. Contributing Parent Visa (subclass 173)

9. Contributing Parent Visa (from subclass 173 to subclass 143)

Children’s category

This category applies to you if you are a dependent child, orphaned relative or adopted child of an Australian citizen or Australian permanent resident or eligible New Zealand citizen. There are at least 7 child visa options with variations depending on whether the child is inside or outside Australia.

• If the child is in Australia

1.Child (subclass 802)

2. Orphaned relative (subclass 837)

3. Dependent Child Visa (Subclass 445)

• If the child is outside of Australia

4. Child (subclass 101)

5. Orphaned relative (subclass 117)

6. Adoption (subclass 102)

7. Dependent child visa (subclass 445)

Other family category

Close relatives of Australian citizens, Australian permanent residents and eligible New Zealand citizens who do not qualify for any of the above Family Stream visa options have remaining options to consider. Again, you will need professional help navigating the minute details of these visa options to find out which one applies to you.

These visa options basically apply to the remaining family members, caregivers or elderly dependent relatives of Australian citizens, Australian permanent residents and eligible New Zealand citizens who wish to come and live in Australia permanently.

• In Australia

1. Remaining relative (subclass 835)

2. Elderly dependent relative (subclass 838)

3. Caretaker (subclass 836)

4. New Zealand Citizen Family Relationship Visa (Subclass 461)

• Outside Australia

5. Remaining relative visa (subclass 115)

6. Elderly dependent relative (subclass 114)

7. Caregiver visa (subclass 116)

8. New Zealand Citizen Family Relationship Visa (Subclass 461)

Humanitarian Program – Separated Family Provisions

Permanent humanitarian visa holders can “propose” or apply for their immediate family members to enter Australia through the Offshore Humanitarian Program or what are more commonly known as “Split Family” provisions. Two very important requirements here are that the applicant must have declared who their immediate family members are prior to the granting of their visa and that the application abroad must be made within 5 years of the granting of their visa.

Who are the immediate family members?

• Partner – spouse or common-law partner of the proponent

• Dependent child – minor child or stepchild not older than 18, or older than 18 but dependent of the proponent

• Parent – parents or step-parents of the proponent if the proponent is under 18 years of age

In the Family Visa category alone, people applying for Australia entry visas have more than enough to learn and carefully consider to assess their eligibility and increase their chances of success. This is where immigration attorneys come into the picture. You can search for a reliable Australia immigration lawyer for a thorough assessment of your credentials. They will work with you and your family to achieve your ultimate goal of obtaining permanent visas for Australia.