Australia - Immigration Network
Family Migration to Australia
Australia's Family
Migration Scheme is designed to allow people to migrate to Australia to
join family members already living here as permanent residents or Australian
citizens. A New Zealand citizen who lives in Australia meets certain requirements can also sponsor family to migrate to Australia (see 'eligible New Zealand citizen' below). On this page (for the sake of brevity) we will refer to Australian Citizens and Australian Permanent residents and eligible New Zealand Citizens as "Australian relatives". Normally the Australian relative must sign
and lodge Sponsorship papers with the Australian Government. We provide
the following brief summary of the types of migration visas available
to people with family members living in Australia as permanent residents
or Australian citizens.
A person who qualifies to migrate to Australia may include their own family unit in their visa.
Spouse or Fiance
An Australian relative may sponsor a foreigner to obtain permanent residence in Australia as their spouse or fiance. Legal marriages and de facto relationships are considered. If you are planning to marry, but have not married yet, please contact us for advice before you marry. We will advise you the best option for your case, so that you have the best chance of approval and the quickest result.
Interdependency
This is the equivalent of a spouse visa for homosexual couples. Also (rarely) it is available to non-homosexual friends who are truly interdependent upon each other for emotional and financial support.
Child
An Australian relative may sponsor a child who is dependant upon them to become a permanent resident of Australia. Children aged over eighteen years can be considered in appropriate cases.
Parent
An Australian relative who has been resident in Australia for at least two years may sponsor their parents to obtain permanent residence in Australia. In most cases the "Balance of Family Test" must be passed, that is, the number of children of the parent permanently resident in Australia must be:
- More than (or at least equal to) the total number of children of the parent who are resident anywhere overseas; OR
- More than the greatest number of children of the parent who are resident in any single overseas country.
An Australian relative must have lived in Australia for at least 2 years as a resident to be eligible to sponsor someone in this visa category.
There are very long waiting lists for Parent Visas, currently estimated to be between 5 and 10 years.
Contributory Parent Migration
Parents can jump to the front of the queue if they pay a premium. In most cases the cost of a Contributory Parent application is between AUD30,000 and AUD50,000. The majority of the payment is made after you receive news that the application has passed all stages of processing except for the payments.
An Australian relative must have lived in Australia for at least 2 years as a resident to be eligible to sponsor someone in this visa category.
Aged Parent Migration
If your parent is old enough that they would qualify for the aged pension in Australia (65 for men and a sliding scale between 60 and 65 for women depending on their date of birth) then they could apply as an Aged Parent. If they do this while in Australia, they may remain in Australia on a bridging visa until their application is decided. This is a way for your parents to live in Australia while they are waiting to get to the front of the queue. There are many possible complications with this approach, please contact us to discuss before attempting a course of action like this.
An Australian relative must have lived in Australia for at least 2 years as a resident to be eligible to sponsor someone in this visa category.
Aged
dependant relative
This can be an alternative to the 'parent' options.
An Aged Dependent Relative has to be old enough that they would qualify for the aged pension in Australia (65 for men and a sliding scale between 60 and 65 for women depending on their date of birth) and financially dependent on their Australian relative. We have substantial experience proving 'financial dependence' in cases before the Immigration authorities and before Appeal Tribunals in Australia. We can help you prepare an application that will succeed.
An Australian relative must have lived in Australia for at least 2 years as a resident to be eligible to sponsor someone in this visa category.
Remaining Relative
Remaining relative migration is available only to a person who has no 'near relatives' left living outside Australia. If you are married, your spouse's near relatives count against you for this purpose. Even if you never see or speak to a near relative they will still count against you for the purpose of this visa.
What is a near relative?
A near relative is a person who is your parent, brother, sister, step-parent, step-brother, step-sister, non-dependent child (over 18), non-dependent step child (over 18), or your child or step-child who is under 18 but is not under your daily care and control (example: if you are divorced and the child is living with your ex spouse).
An ex-spouse and the near relatives of an ex spouse do not count against you, but you must have formal divorce papers to prove the relationship is legally severed. If your biological child lives with your ex spouse, that child will still count against you, since they will always be your child.
Remember that your spouses near relatives count against you as well, so that list applies to them as well as you.
An Australian relative must have lived in Australia for at least 2 years as a resident to be eligible to sponsor someone in this visa category.
Orphan relative Orphan
relatives may be sponsored to migrate to Australia by an Australian relative.
What is an orphan relative?
An orphan relative is a person who fits within every part of the following description. They have not turned 18. They do not have a spouse. They are within one of the following relationships to the Australian relative: spouse, child, adopted child, parent, brother/sister, a step-child, step-parent, step-brother or step-sister, grandparent, grandchild, aunt, uncle, niece or nephew, or a step-grandparent, step-grandchild, step-aunt, step-uncle, step-niece or step-nephew. They cannot be cared for by either of their parents because each of them is either dead, permanently incapacitated or of unknown whereabouts. There must be no reason for the Australian Government to believe that the grant of a visa would be against the best interests of the orphan relative. The orphan relative must be under 18 to apply (but the visa can be granted if they turn 18 while the application is being considered). The visa can still be approved if the orphan relative is adopted by the Australian relative (even though the act of adoption means that they now have adoptive parents able to care for them).
An Australian relative must have lived in Australia for at least 2 years as a resident to be eligible to sponsor someone in this visa category.
Carer An Australian relative can sponsor a family member to Australia to be their carer. The Australian relative must be assessed as having a certain level of medical disability to qualify for this. A medical examination will be performed by an Australian Government doctor - the result of this examination determines eligibility of the Australian relative to be a sponsor for a Carer visa. It is beneficial to take medical evidence to that examination to prove medical disabilities and infirmities. We can advise you about the benchmarks and how to best present your case.
This visa was previously known as 'special need relatives' which was a reference to the Australian relative having a special need for someone to care for them.
There are many possible complications with Carer visa applications and we strongly advise seeking professional advice before attempting any applciation.
This visa category does not require the Australian relative to have lived in Australia for at least 2 years as a resident to be eligible to sponsor someone as their Carer.
Assurance
of Support Bond In any of the above cases,
a cash bond may be required to be lodged with the Australian Government
as security against the possibility that the new migrant may take the
benefit of welfare payments during their first two years residence in
Australia. The amount of the bond is $3,500.00 for the first migrant and
an additional $1500.00 for each person aged over eighteen years to be
included in the visa. Also, an Australian citizen or permanent resident
must sign a form guaranteeing that if the bond money in not enough, they
will pay the extra money required (this is usually done by the Australian
relative). This bond is compulsory for most Family visas. Special
Rules relating to children Where the migrants come from
broken families or have been involved in a divorce, complications can occur
in respect of children to accompany them to Australia. The Australian
Government will not interfere with the laws of foreign countries in relation
to the custody access and guardianship of children. A parent wishing to
migrate to Australia with children must either have the written consent
of the other parent or court documents giving them full custody and guardianship
of the children and giving no right of access to the other parent.
Eligible New Zealand Citizen
and
If you are an 'eligible New Zealand Citizen' then you have the right to sponsor family to migrate to Australia. The process is a little different for you than it is for an Australian Citizen or Australian Permanent Resident - you may be required to undergo health and character checks as a part of your assessment as a sponsor.
If you (or a relative) are interested in applying please complete our FREE Case
Assessment.
Family Migration to Australia
