FAMILY MIGRATION
Parents
There are visa classes whereby Australian citizens or permanent residents can sponsor their parents to come and live in Australia. Most parent class visas are processed offshore, however in certain circumstances where parents are aged over 65 years of age, an onshore application can be made.
In all parent visa applications, the following criteria must be met:
the parent is a parent of a child who resides in Australia, and who is an Australian citizen or permanent resident;
an assurance of support must be provided;
the parent must satisfy the balance of family test. This means that at least half of the parent’s children must be permanently resident in Australia, or the parent must have more children permanently resident in Australia than in any other single country;
health checks must be passed;
character checks must be passed.
It should be noted that the parent (subclass 103) and aged parent (subclass 804) visas are subject to very lengthy processing delays. Only limited numbers of these visas are granted each year, and there are thousands of applications being processed. In our experience, these visas are taking around 10 years to be processed, as such for many older parents, this is not a practical visa option.
Most parents who are looking for a realistic processing time, will need to consider the contributory parent (subclass 143) or the contributory aged parent (subclass 864) visas. These visas have the same basic requirements as the 103 and 804 visas, however an additional visa fee of $AUD37,965 (per applicant) and a more substantial and longer assurance of support, are required. From our experience, these visas are being processed in about 12 months.
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If you would like further information about this visa and your particular circumstances, please click here for email contact with our office.
For more details as to the type of documents that you will need to support this visa application, please click the following link - Parent Checklist
Children
Children or stepchildren of Australian citizens or permanent residents or eligible New Zealand citizens can be sponsored to come to live in Australia. The subclass 101 visa is for children who are outside Australia, and the subclass 802 visa is for children in Australia.
Please note that there are separate visa classes for adopted children (subclass 102) and for dependent children whose parent holds a temporary partner visa and is in the process of obtaining a permanent partner visa (subclass 445).
The following criteria must be met:
the child must be dependent on their Australian sponsor. A child who is under 18 years of age is automatically considered to be a dependant. If a child is 18 years or over they can still be considered dependent if it can be established that the Australian sponsor provides for the child’s basic needs, such as food, shelter and clothing, or the child has a disability that stops the child from working and supporting his or herself;
the child must be under 25 years of age when the application is lodged. An application will be considered for a child who is aged 18 years and over, if he or she is a fulltime student and financially dependent on their Australian sponsor;
the child must not be married, living in a defacto relationship or engaged to be married;
the child must pass health checks, and if over 16 years of age, must pass character checks;
an assurance of support may be required.
it should also be noted that where the child is under 18 years of age, the Australian sponsor must provide a police clearance to show that he or she has no convictions or outstanding charges for offences against children;
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From our experience, these visas are being processed in about 12 months.
If you would like further information about this visa and your particular circumstances, please click here for email contact with our office.
For more details as to the type of documents that you will need to support this visa application, please click the following link - Children Checklist
Remaining Relative
This visa is designed to reunite a last remaining relative with family that are settled in Australia.
The applicant must be sponsored by a brother, sister, parent or partner who is either an Australian citizen, permanent resident or an eligible New Zealand citizen, and who is settled in Australia.
The applicant cannot have any other brothers, sisters, parents or non-dependant children other than those who are settled in Australia and who hold Australian citizenship, permanent residence or who are eligible New Zealand citizens. Please note that if you are married and your spouse has brothers, sisters, parents or non-dependant children, living overseas then you will not be eligible for this visa.
An assurance of support is required and you must meet health and character checks.
If you would like further information about this visa and your particular circumstances, please click here for email contact with our office.
For more details as to the type of documents that you will need to support this visa application, please see - Remaining Relative Checklist.
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