Australia is a popular destination for migrants seeking to join their family members who are already living in the country. In 2020, the country had a migrant population of more than 7.6 million, which accounted for 29.8% of the total population. The figure was slightly lower in 2019 when the migrant population was 7.5 million.
However, navigating the Australian immigration system can be complex, particularly when it comes to family visas. If you are considering migrating to Australia to be with your family, it is essential to understand your visa options and the requirements for each.
This article will provide an overview of the different types of family visas available, the eligibility criteria for each and how to navigate the Australian immigration law with the help of an immigration lawyer to ensure a smooth visa application process. Whether you are looking to join your partner, parents, children or other eligible family members in Australia, this guide will help you understand the visa options available to you.
What Is the Family Migration Program in Australia?
The Family Migration Program in Australia is a set of visa categories that enable Australian citizens, permanent residents and eligible New Zealand citizens to sponsor their family members to migrate to Australia. The program aims to reunite families and promote family unity by allowing eligible family members to join their loved ones in Australia.
The Family Migration Program has specific eligibility criteria and requirements that must be met by both the sponsor and the applicant. It plays a significant role in Australia’s immigration system, with thousands of families migrating to Australia each year through this program.
Under this program, the various visa options depending on the relationship of the applicant to their sponsor include partner visas, parent visas, child visas and other family visas:
Partner Visa
If you are married to or in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen, you may be eligible for a Partner Visa. This visa allows you to live, work and study in Australia and eventually apply for permanent residency.
There are two main types of partner visas: temporary and permanent. The temporary partner visa allows the applicant to live in Australia temporarily while waiting for the permanent partner visa to be processed.
To be eligible for a partner visa, the applicant must be in a genuine and ongoing relationship with their Australian partner and meet certain health and character requirements. The sponsor must also meet specific criteria, such as being an Australian citizen or permanent resident and not having any criminal convictions. You can find more details about this visa here.
Child Visa
A Child Visa in Australia is a type of visa that allows a child to live with their parent or parents in Australia. It allows the child to join their family member in the country and obtain a pathway to permanent residency.
There are different types of child visas, depending on the child’s circumstances and the eligibility of the parent or sponsor. The Child Visa category includes visas for dependent children of Australian citizens, permanent residents or eligible New Zealand citizens, as well as visas for adopted children, orphans and children whose parents hold a temporary partner visa.
To be eligible for a child visa, the child must be under 18 years of age or a dependent child over 18 years of age who is unable to support themselves due to a disability. You can find more details about this visa here.
Parent Visa
The Parent Visa is designed for parents or step-parents of an Australian citizen, permanent resident or eligible New Zealand citizen to join their family members in Australia. This can be temporary or permanent. However, this visa can be challenging to obtain due to long processing times and significant costs.
Other Family Visas
There are also several other family visas available, such as the Remaining Relative Visa, Aged Dependent Relative Visa and Carer Visa. These visas are designed for those who have no other family members living in Australia and require long-term care or assistance from their family members.
Remaining Relative Visa
The Remaining Relative Visa is intended for individuals who do not have any close family connections outside of Australia and are related to an Australian citizen, Australian permanent resident, or eligible New Zealand citizen as a brother, sister, child, or step-child. In the case of being married, all remaining relatives of the spouse must be already settled in Australia to be eligible for this visa.
You can find more details about this visa here.
Aged Dependent Relative Visa
The Aged Dependent Relative visa pertains to older single relatives (including those who are widowed or divorced) who are aged 60 or above for women and 65 or above for men. The sponsor of the visa must be an Australian citizen, eligible permanent resident or eligible New Zealand citizen who will provide permanent residency in Australia for the dependent aged relative.
However, due to high demand for family migration visas, there are only a limited number of available places. As a result, applications for the aged dependent relative visa are subject to capping and queuing arrangements, as well as any relevant Ministerial Directions.
You can find more details about this visa here.
Carer Visa
Carer visa is designed for individuals seeking permanent residence in Australia to provide ongoing and substantial care or assistance to a family member who has a long-term medical condition, which impairs their ability to perform everyday activities independently. Alternatively, it can be applied for by those providing ongoing practical support to a household family member in need of care due to their long-term medical condition. The medical condition of the relative in question must be such that they cannot receive adequate care from other family members or community services available in Australia.
You can find more details about this visa here.
How Madison Marcus Can Help You
It’s crucial to work with immigration lawyers in Australia when applying for family visas to ensure that all requirements are met. Visa lawyers in Australia can provide guidance on the application process and assist in navigating the complex Australian immigration law. By working with an immigration lawyer, you can increase your chances of obtaining a visa and reunite with your family in Australia.
Looking for expert guidance on global mobility and immigration matters in Australia? At Madison Marcus, our team of experienced visa and immigration lawyers are dedicated to providing top-notch legal support and advice to help you navigate the complex Australian immigration system. Whether you are joining your spouse, child or parent, our immigration lawyers have the knowledge and experience to help you achieve your goals.
For all enquiries, contact us here.
