Family Visa Lawyer in Sydney

The remaining relative visa allows people to move permanently to Australia because their last remaining relatives either reside in Australia or have become Australian citizens. The purpose of this visa is to reunite families who have been separated and allow families to reside in Australia together legally. Another term you may have heard this process be referred to is that of “family migration”. Unfortunately, waiting lists for this type of visa are long and there are only so many granted each financial year. The delay in time from an application being made to an application being either granted or rejected can take several years.

A subclass 101 visa allows children to move to Australia to live with their parents who are already living/residing in Australia. Under this type of visa, children can become permanent Australian citizens and can access assistance which most visa holders cannot including Medicare and study assistance. The exceptional thing about this type of visa is that the “child” can include their own children in the application as well and can thus migrate their family to Australia as well as themselves.

Criteria Required

Subclass 101 visa’s can be granted to children whose parents are either Australian citizens, holder’s of an Australian permanent visa or who are fortunate enough to be eligible New Zealand citizens. The child itself must be either under 18 years old, a full-time student who is over the age of 18 but under the age of 25 and still financially dependent or a child who is over the age of 18 but suffering from a disability or impairment.

Contributory Parent Visa

There are two different types of contributory parents visa’s; the subclass 173 visa and the subclass 143 visa.

The subclass 173 visa allows an eligible parent to live, work and reside in Australia for a period of up to two years This is what is known as a temporary visa for family members. In order to be eligible for this visa you need to be sponsored by an eligible child who is a settled Australian citizen, Australian Permanent resident or Eligible New Zealand citizen. You need to be sure that you have not already applied for or been granted a different type of parent visa and ensure that you follow all visa conditions and Australian law.

The subclass 143 visa however, is classed as the permanent version of the parent visa. The main difference between the two visa’s is that an additional eligibility criteria requires that the applicant have assurance of support in place to assist them.The visa also allows the applicant to remain in Australia as a permanent resident instead of being bound by a two year limit.

Case Scenario

Anna wants to apply for an Australian visa so that she can join her mother in Australia. Anna had been living with her father in Africa but he has since passed and she has no other family. Anna is not currently studying or working because she has been looking after her father who had terminal cancer. Anna originally wanted to apply for a subclass 101 visa but she does not fit the eligibility requirements because she is over the age of 18 and is not a full time student. Anna was unaware however, that she could be eligible for this type of visa given her disability. Anna suffers from a rare form of benign tumor which presses on the optical nerve in her head. The tumor is inoperable because of its location but is slowly causing Anna to go blind. It is projected that in 3-4 years, Anna will be completely blind. Anna was able to apply for the subclass 101 visa and have it granted due to her disability.

A prospective marriage visa allows you to travel to Australia to marry your defacto partner or prospective spouse so long as you intend to marry your partner before the visa period is due to end. In order to be eligible for this type of visa, you must be over 18 years of age and therefore legally of an age where you can be married in Australia and you must have sponsorship from your prospective spouse. You must also reside outside Australia when you apply for this visa. It is not a requirement that you provide proof of a joint relationship but rather that you provide proof of your intention to marry.

A partner visa can either be temporary or permanent depending on which subclass you are applying for. The Subclass 820 visa is the temporary version and is usually granted to people who are waiting for a subclass 801 visa (permanent visa) so that they can travel to Australia and be with their defacto spouse. A key requirement of both these visa’s is that you must reside within Australia to be able to apply for one and you must hold a temporary subclass 820 visa to be eligible to apply for a permanent subclass 801 visa.

In order to be granted a carer visa you must be a carer for a family member, spouse or relative who cannot reasonably access additional forms of care within Australia. It is a requirement that you reside within Australia when you apply for this type of visa and that you be sponsored by your relative, spouse or defacto partner for the first two years of your visa period. This type of visa allows permanent residence within Australia and allows you to both work and study during its duration.

Case Scenario

Susan resides in Melbourne on a student visa while she studies at Monash University. Susan’s aunt lives in Sydney and has been diagnosed with cancer. She requires full time care as her condition worsens but is unable to access carer assistance because she is not an Australian citizen but rather only has permanent residency under her subclass 115 (remaining relative) visa. Susan is the only family member who can take care of her. Susan wants to apply for a carer visa so that she can move to Sydney and take care of her aunt. Susan cannot do so under her current visa because she is required to remain enrolled in her course and she could not study and also take care of her aunt. Susan has applied for Australian citizenship but there is a long processing time for her application and it is unlikely to be granted in time. Susan’s aunt will be sponsoring her for the next two years while she acts as her carer. Susan fits all the criteria for the carers visa.