Australia Visa – Family

1. What is the process for applying for a family visa to Australia?


The process for applying for a family visa to Australia typically involves the following steps:

1. Determine your eligibility: Before beginning the application process, you should first determine if you are eligible for a family visa to Australia. This will depend on your relationship with the sponsor (a citizen or permanent resident of Australia), your age and health status, and any previous immigration history.

2. Choose the right visa: There are several different types of family visas available, each with its own requirements and benefits. The most common family visas include Partner Visas, Child Visas, Parent Visas, and Contributory Parent Visas.

3. Find a sponsor: To apply for a family visa, you must have a sponsor who is an Australian citizen or permanent resident. If your sponsor is applying on your behalf from outside of Australia, they may also need to obtain sponsorship approval from the Australian Department of Home Affairs.

4. Gather required documents: You will need to collect a range of documents to support your application, such as proof of identity, relationship evidence (such as marriage certificates or birth certificates), medical examinations, and police checks.

5. Submit an Expression of Interest (EOI): Depending on the specific type of family visa you are applying for, you may need to submit an Expression of Interest (EOI) through SkillSelect – an online system used by the Australian government to manage applications for skilled migrant and select other family visas.

6. Lodge your application: Once you have been invited to apply by SkillSelect or received approval from the Department of Home Affairs (if needed), you can lodge your application online through ImmiAccount or by mail/courier at an Australian mission overseas.

7. Wait for a decision: It may take several months for your visa application to be processed and assessed by the Department of Home Affairs. During this time, they may contact you if they require additional information or documentation.

8. Receive a visa outcome: If your application is approved, you will be granted a visa to enter and remain in Australia. If your application is refused, you may have the right to appeal the decision or reapply for a different type of family visa.

It’s important to note that the application process for a family visa can be complex and may vary depending on individual circumstances. It’s recommended to seek advice from a registered migration agent or the Department of Home Affairs website before beginning the application process.

2. Can I sponsor my spouse/partner for an Australian visa?

Yes, if you are an Australian citizen or permanent resident, you may be eligible to sponsor your spouse/partner for an Australian visa. The most common visa for this purpose is the Partner visa (subclass 820/801 for onshore applicants or subclass 309/100 for offshore applicants). In order to be eligible, you and your partner must show that your relationship is genuine and ongoing, that you meet certain health and character requirements, and that you can provide adequate financial support for your partner. You will also need to provide evidence of your relationship, such as joint bank statements, photos together, and a statement from friends and family. For more information on sponsoring a spouse/partner for an Australian visa, you can visit the Department of Home Affairs website.

3. Can I sponsor my parent(s) for an Australian visa?
Yes, if you are an Australian citizen or permanent resident over the age of 18, you may be eligible to sponsor your parent(s) for an Australian visa. The most common visa option is the Parent visa (subclass 103), which allows parents to live in Australia permanently if they meet certain criteria. This includes meeting the balance-of-family test (at least half of their children must be permanent residents or citizens of Australia), having sponsorship from their child in Australia, and meeting health and character requirements. There is also a Contributory Parent visa (subclass 143) which has a shorter processing time but higher application costs.

4. Can I sponsor my child for an Australian visa?
As an Australian citizen or permanent resident, you may be able to sponsor your child under certain circumstances. For example, if they are under 18 years old and not married or engaged to be married, they can apply for a Child visa (subclass 101). If they are over 18 years old but still dependant on you financially due to a disability or illness, they may be able to apply for a Dependent Child visa (subclass 445). However, if your child is over 18 and not dependant on you, they may not be eligible for a visa through your sponsorship.

5. Can I sponsor my family members for an Australian visa?
Yes, depending on the type of family members and their relationship to you, you may be able to sponsor them for an Australian visa. In addition to spouse/partners, parents, and children mentioned above, you may also be able to sponsor siblings and other relatives under certain circumstances. For example, there is a Relative visa (subclass 835) for individuals who have an eligible relative in Australia who is willing to sponsor them. It’s important to note that this visa category has limited places available each year and can have longer processing times. Additionally, the eligibility criteria can vary depending on the specific relationship and circumstances. It’s best to check with the Department of Home Affairs website or consult a registered migration agent for more information on sponsoring family members for an Australian visa.

3. How long does it take to get an Australian family visa?


The processing time for an Australian family visa can vary depending on the type of visa and individual circumstances. Generally, processing times can range from a few months to over a year. It is recommended to check the current processing times for your specific visa subclass on the Department of Home Affairs website.

4. Do I need to meet certain income requirements to sponsor a family member?


Yes, you need to meet certain income requirements in order to sponsor a family member for immigration. The exact requirements vary depending on the type of family relationship you are sponsoring and the size of your household. Generally, you must show that you have enough income or assets to support your family members at an amount that is above the poverty line determined by the U.S. government. If you are unable to meet this requirement on your own, you may be able to use a joint sponsor who can demonstrate sufficient income or assets to support the family member.

5. What is the difference between a temporary and permanent family visa for Australia?


A temporary family visa allows the visa holder to stay in Australia for a limited period of time, usually for up to 2 years. This type of visa is designed for individuals who want to join their family members in Australia but do not intend to permanently settle in the country.

On the other hand, a permanent family visa allows the visa holder to stay permanently in Australia and provides a pathway to Australian citizenship. These visas are granted based on eligibility criteria, such as being sponsored by an Australian citizen or permanent resident family member.

Additionally, temporary family visas may have restrictions on work rights and may require the visa holder to leave the country once the visa expires. Permanent family visas typically have full work rights and provide access to government-funded services and benefits.

Overall, while both types of visas allow individuals to join their families in Australia, permanent family visas offer more stability and long-term opportunities in the country.

6. Can I include my dependents on my application for an Australian family visa?


Yes, you can include your dependents on your application for an Australian family visa. Dependents include your spouse or de facto partner, children, and any other dependent family members such as parents or siblings who rely on you for financial support. It is important to note that each dependent will need to meet the eligibility requirements and provide all necessary documentation to be included in your application.

7. Are there any restrictions on who can be sponsored for an Australian family visa?


Yes, there are various criteria and restrictions for sponsoring a family member for an Australian family visa. The sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen who is at least 18 years old and meet certain income requirements. They must also have a genuine and ongoing relationship with their sponsored family member and be able to provide financial and emotional support to them during their stay in Australia. Additionally, the sponsor cannot have previously sponsored any other family members within the last five years. Criminal history and character checks may also be conducted on the sponsor to ensure they meet the necessary criteria.

8. How do I prove my relationship with my spouse/partner for the visa application?


The evidence required to prove a relationship with your spouse/partner for a visa application may vary depending on the country and type of visa you are applying for. However, some common documents that can help prove your relationship include:

1. Marriage certificate or civil partnership certificate: This is the primary document that proves you are legally married to your spouse/partner.

2. Proof of cohabitation: This can include utility bills, rental agreements, or bank statements showing that you have been living together at the same address.

3. Joint financial documents: These can include joint bank account statements, joint credit card statements, or any other financial documents that show you share financial responsibilities.

4. Photos together: Include photos of important events or vacations you have taken together as a couple.

5. Travel documents: If you have traveled together, provide copies of flight tickets or hotel reservations with both of your names listed.

6. Letters from family and friends: These letters should be from people who know both you and your partner and can attest to the authenticity of your relationship.

7. Statutory declarations/affidavits: A sworn statement made in front of an authorized person detailing the history and nature of your relationship can also be helpful.

It is essential to ensure that all the evidence provided is genuine, consistent, and relevant to your particular situation. It is always best to check with the specific country’s immigration guidelines on what evidence is required for proving relationships for visa applications.

9. Can same-sex partners apply for a family visa in Australia?


Yes, same-sex partners can apply for a family visa in Australia. Australia recognizes same-sex relationships for immigration purposes and offers visas for both de facto and married same-sex partners. The same eligibility requirements and application process apply as to opposite-sex partnerships. Both partners must be at least 18 years old, have a mutual commitment to a shared life together, and have been living together for at least 12 months before the visa application.

10. Is there an age limit for dependent children on an Australian family visa application?


Yes, there is an age limit for dependent children on an Australian family visa application. The age limit varies depending on the type of visa being applied for. For partner and parent visas, dependent children must be under 25 years of age. However, they can still be included in the application if they are over 25 and are financially dependent due to a disability or medical condition. For child visas, dependent children must be under 18 years of age when the visa application is lodged. There may be some exceptions to these age limits in certain circumstances, such as when a child is studying full-time or has a disability. It is important to check the specific requirements for your particular visa subclass.

11. Do I need to pass a medical or character assessment to be eligible for a family visa in Australia?

Yes, applicants for a family visa in Australia are required to undergo medical and character assessments. These assessments help determine whether the applicant has any health or character issues that may pose a risk to public safety or result in excessive demand on Australian health and community services.

12. What happens if my family member is in Australia on a temporary visa?
If your family member is currently in Australia on a temporary visa, they may be able to apply for a permanent family visa while remaining in the country. However, they will still need to meet all eligibility requirements and go through medical and character assessments before the visa can be granted.

13. Can I sponsor more than one family member for a visa?
Yes, you may sponsor multiple eligible family members for different types of visas as long as you can meet the financial and other obligations related to each sponsorship.

14. How long does it take to process a family visa application?
Processing times for family visas vary depending on several factors, including the type of visa being applied for, the complexity of the case, and whether additional information or documentation is needed. On average, most applications take between 12-18 months from date of lodgement to final decision.

15. Can I appeal if my family visa application is refused?
Yes, if your application for a family visa is refused, you may have the option to appeal the decision through various review processes within the Department of Home Affairs or through the Administrative Appeals Tribunal (AAT). It is important to seek professional advice from an immigration lawyer or registered migration agent before lodging an appeal to ensure your best chances of success.

12. What are the financial requirements for sponsoring a parent or relative for an Australian Family Visa?


The financial requirements for sponsoring a parent or relative for an Australian Family Visa may vary depending on the specific visa subclass being applied for. In most cases, the sponsor will need to meet a minimum income threshold determined by the Australian government. This income must be proven through documentation, such as payslips, tax returns, and bank statements. Additionally, the sponsor may also need to provide evidence of their ability to support the applicant financially for at least 2 years through a written statement and supporting documents.

In some cases, a security bond may also be required to be paid by the sponsor. This is an amount of money that is held by the Department of Home Affairs and can be claimed if the sponsored person receives welfare payments from the Australian government within a certain period after arriving in Australia.

It is important to note that these financial requirements are subject to change and it is recommended to check with the Department of Home Affairs for the most up-to-date information before applying for an Australian Family Visa.

13. Can my partner/spouse work in Australia on a Family Visa?


Yes, if you have a Family Visa, your partner or spouse can work in Australia with full work rights. However, if they are accompanying you on your tourist visa or on a temporary visa such as a student visa, they may only be able to work a limited number of hours per week. It is important to check the specific conditions and entitlements of the visa granted to your partner/spouse.

14. Is there any cap or quota on the number of family visas granted by Australia each year?


There is no specific cap or quota for family visas in Australia. However, the number of family visas granted each year is subject to the overall migration program planning levels set by the Australian government. This includes a maximum of 57,400 places for family stream visas in the 2019-2020 migration program. Additionally, some visa categories within the family stream may have their own quotas or limits, such as the Partner visa category which has a limit of 39,799 places in 2019-2020.

It’s also worth noting that there are certain eligibility criteria and requirements that applicants must meet in order to be granted a family visa, and not all applications are successful. Therefore, while there may not be a strict cap on the number of family visas granted per year, there is still competition for these visas and not all applications will be approved.

15. What happens after my partner/family member receives their temporary family visa?


After your partner/family member receives their temporary family visa, they will be allowed to enter the country and live with you for a specified period of time. During this time, they will have all the rights and privileges of being a temporary resident in the country, including the ability to work or study if eligible.

It is important to note that the temporary family visa is valid only for a certain duration, after which your partner/family member will need to either leave the country or apply for an extension or permanent residency. It is also important to comply with all conditions and requirements associated with the visa, such as maintaining valid health insurance, notifying authorities of any changes in circumstances, etc.

If you and your partner choose to continue living in the country after their temporary visa expires, they may be able to apply for permanent residency through various immigration pathways available. It is recommended to start researching and planning for this process well in advance.

16. Are there any limitations on healthcare coverage for family members on an Australian Family Visa?


There may be limitations on healthcare coverage for family members on an Australian Family Visa. For example, certain health conditions or pre-existing conditions may not be covered under the visa holder’s healthcare plan. Additionally, family members may need to pay for their own healthcare expenses if they are not eligible for Medicare or do not have private health insurance. It is important to carefully review the terms and conditions of the specific visa and any accompanying healthcare coverage.

17. Can I apply for permanent residency through a Family Visa in Australia?


Yes, you can apply for permanent residency through a Family Visa in Australia. There are different types of Family Visas that allow the holder to eventually apply for permanent residency, such as the Partner Visa, Child Visa, Parent Visa, and Aged Dependent Relative Visa. The eligibility criteria and application process may vary depending on the type of Family Visa you are applying for. It is important to carefully review the requirements and seek guidance from a migration agent or lawyer before submitting your application.

18. What happens if our relationship ends during the processing of our family visa application?


If your relationship ends before the visa application is finalized, the application will likely be automatically withdrawn. If the relationship ends after the visa has been granted, the visa holder may still enter the country but their immigration status may be affected and they may not be able to stay permanently. It is important to inform the relevant immigration authorities as soon as possible if your relationship ends during this process.

19. Can I sponsor extended relatives, such as siblings, under the Australian Family Visa program?

No, under the Australian Family Visa program, you can only sponsor immediate family members such as parents, partners, and children. Siblings are not included in the list of eligible relatives that can be sponsored for this visa.

20.Is there an option to expedite the processing of my family visa application in case of urgent circumstances?


Yes, you may request for expedited processing of your family visa application in case of urgent circumstances. This can be done by providing proof of your urgent situation, such as medical emergencies or unexpected job relocation. The decision to expedite the processing will be at the discretion of the immigration authority and may require additional fees. It is best to consult with an immigration lawyer to determine the best course of action in your specific situation.