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Are you in need of a Family Visa? Do you need assistance working out if you fit the criteria and eligibility requirements? The Australian Immigration Department has developed the Family Sponsored Visa in an effort to reunify families who have been separated by way of immigration. A partner, spouse, child or parent now has the opportunity to migrate to Australia provided that they satisfy the pre-condition requirements.
Speak to a lawyer today
Applying for Australian citizenship or an Australian visa can be a complex and time consuming process. You need specialist advice to navigate the system. Contact our immigration lawyers for a free initial consultation.
What Are The Different Types Of Family Visa’s I Could Obtain?
If you are looking at obtaining a family visa, there are a few different options for you to choose from. The following is a list of the most common types of family visa’s which you can apply for;
- Skilled Work Regional (Provisional) (subclass 491) visa via the Family Sponsored Stream
- Child (Permanent) (subclass 101) visa
- Parent (Permanent) (subclass 103) visa
- Contributory Parent (Temporary) (subclass 173) visa
- Contributory Parent (Permanent) (subclass 143) visa
- Aged Parent (Permanent) (subclass 804) visa
- Contributory Aged Parent (Temporary) (subclass 884) visa
- Contributory Aged Parent (Permanent) (subclass 864) visa
- Partner (Temporary and Permanent) (subclass 820/801) visa
- Partner (Provisional and Permanent) (subclass 309/100) visa
- Prospective Marriage (subclass 300) visa
Family Visa’s allow relatives to legally live or visit their family in Australia provided they comply with the obligations imposed by their visa. The visa application process can be difficult and is not something that should be attempted without proper understanding of both the obligations and consequences which can arise if the application is granted.
Below is a brief breakdown of the eligibility criteria required for a few of the above visa’s;
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.
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.
Are Processing Times For Visa’s Long?
On average, yes, processing time for visa’s are long and can take several years to be approved. Every year, hundreds of thousands of people apply for visas to travel or immigrate to Australia. It is much simpler to obtain a temporary or travel visa than it is to obtain a visa to be able to immigrate/move to Australia. There are also different criteria required for each visa and the criteria required for a shorter term visa is less stringent than the criteria required for a permanent or longer term visa. The Department of Home Affairs website is the best means of monitoring processing times and periods of delay with visa applications. They will also provide you accurate and up-to-date information regarding how the coronavirus pandemic has affected the Australian Government’s ability to accept immigrants and migrants.
Case Study
Alex is a dependent child who wants to migrate to Australia to live with his father. Alex has lived with his grandmother outside Australia in Saudi Arabia for the past 3 years while his father got situated in Australia and obtained full-time work. Alex and his grandmother both want to migrate to Australia but are unsure whether they will need to apply for different types of visas. Alex’s grandmother will be an age-dependent relative as she has had two hip replacements and has no capacity to be able to work. The visa options available to them are as follows:
1. Subclass 101 Visa (Alex)
2. Subclass 115 Visa (Alex’s grandmother)
Who Can I Get To Assist me With The Visa Application Process?
If you are thinking about applying for a visa then your best option is to speak to an immigration or migration lawyer who specializes in the field. Our team of expert trained lawyers would be happy to assist you with any questions, concerns or processes and will happily help you fill out your application. Our team of lawyers are able to explain all the obligations and responsibilities you would be signing up for and will discuss all aspects of your matter with you at length.
Other available options which would assist alongside our expert advice include considering the Department of Home Affairs website along with any reputable Australian Government website relating to visa applications.
Alternatively, you can contact a registered migration agent for advice on which visa may be best suited to you or for information regarding applications, current processing times, and character requirements.
What Proof May I Require For My Eligibility Requirements?
There may be some occasions where you need to prove your familial or marital status in order to be eligible for a visa. You should always have copies of your birth certificate and marriage certificate (if applicable) so that you do not have to delay your application while you obtain these documents. These documents can be uploaded to your immiaccount for easier usage.
Does The Classification “Members Of Your Family” Include Step-children?
Under child visa’s, step children and adopted children are included if they are classed as one of your dependant’s. Therefore they are included as a member of your family. A birth certificate may be necessary when dealing with adopted children including a confirmation of the legal adoption. Step children are always tricky as there is normally no paperwork which confirms them to be members of your family however rest assured they are classed as members of your family is they are financially or otherwise dependant on you.
Visa application process
- Find the appropriate visa category to apply for
- Ensure that you are eligible to apply for the visa selected
- Ensure you provide copies of any necessary supporting documents e.g. birth certificate, passport, marriage certificate, etc.
- Complete and lodge your application form
- Lodgement of a visa application requires payment of a fee
- Wait for the decision
- Receive the decision
- Lodge an appeal if necessary
Speak to a lawyer today
No matter what type of visa you are trying to obtain, be it a child visa, family visa, partner visa, bridging visa, etc, there are experts available to assist you every step of the way. Our helpful team of lawyers will ensure that your application is as detailed as possible so that you have the best chance at success. Whether you are onshore or offshore, our team is able to provide you will accurate, up to date information to assist in every scenario and will gladly assist you with any migration or immigration needs. Contact us today to get the process started.
Disclaimer
The above is general legal information and should not be considered legal advice. You should speak with one of our migration lawyers for legal advice tailored to your specific legal matter. The courts and tribunals deal with matters on a case by case basis. It should also be noted that there may be delays due to COVID-19.
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What our Clients Say
Jack Finch17/10/2023 Was a pleasure working with this firm, our Lawyer Gabriel was amazing, very polite and very professional. Our lawyer ensured that we had all the documents we needed and more to guarantee us our sponsorship. No kickbacks, no second attempts. All granted on first attempt (I know someone who went with a different firm and got rejected twice for sponsorship). All-in-all, Visa applications can be stressful and strict, I would highly recommend getting a lawyer and if you do, make sure it's a good one such as these or your gonna have a tough year ahead. Betty George26/09/2023 Have found Gabriel at Jameson law, very friendly and approachable and efficient and helpful, what you need in the law firm - not intimidating. Got my issue sorted & got a good result, will definitely recommend Gabriel & her colleagues - like Sali who are extremely helpful as well, lovely Office & lovely people. Kathleen noor mubeena21/09/2023 My sincere thanks to Gabriel Mackenzie @ jameson law for the guidance, support and assistance with visa processing. I'm really so grateful and thankful for her efforts for making this to get happened. Kashish Talwar14/09/2023 My sincere thanks to Wissam Philopos. Wissam is a great lawyer and a very kind human being. He is very knowledgeable, super professional, a great lawyer and has guided me in every aspect of my case. I was so frightened and confused earlier but he and Jameson law as a firm has helped me a lot. Best thing is they understand problem of a person and helps to their best. I highly recommend taking advice from Jameson law and. Thank you Wissam. Punit Mathur11/09/2023 I received professional and correct advice by Gabriel on my Citizenship and Permanent Resident Return Visa application. Gabriel's advice has helped me take steps in the right direction which resulted in my Return Visa 155 being processed. I shortlisted Jameson Law after researching other Law firms and I am happy I made the right decision. Thanks Gabriel. Christian Targett07/09/2023 I highly recommend Jameson Law. Wissam was fantastic from day 1. My well-being was a high priority for Wissam. Very easy to deal with and very transparent. My experience with all staff at Jameson law was friendly and professional. Highly recommend giving these guys a call and see how they can help you too. Joel Delaney06/09/2023 I sought the assistance of Jameson Law after a mobile phone camera traffic offence. Wissam was my solicitor, and I cannot speak highly enough of the service provided. Wissam was always honest and forthcoming, he was understanding of the circumstances and remained positive at all times that we would be able to work towards a positive outcome. He was absolutely clear and concise with the advice he provided and prepared as best possible for court proceedings. I’d like to mention additionally that due to staffing Wissam managed to accomplish all this with an increased caseload, and never utilised that as an excuse, nor did he have any reason to for how tirelessly he worked in order to provide me the best defence possible. At the end thanks to Wissam and the collective team at Jameson Law I received the absolute best outcome possible. Thank you Wissam and Jameson Law Tony Thai05/09/2023 Wissam proved to be an exceptional lawyer. With such short notice he was able to help my traffic case and get a reduced disqualification. Jessica Hanna05/09/2023 A big thank you to Gabriel Mackenzie @Jameson Law for her help, guidance and support with the process of getting my Visa. She was so patient while I gathered the relevant documents and still managed to secure me my visa promptly. I’m so grateful for her efforts, and I’m so happy with the results! Thank you again Gabriel!
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FAQs
Frequently Asked Questions.
The Minister for Home Affairs can revoke your citizenship attained through application or conferral for the following reasons:
Being convicted of having made a false statement or concealed a material circumstance in connection with the citizenship application;
Citizenship was granted as a result of migration-related fraud;
Citizenship was approved as a result of migration-related fraud by a third party;
Being convicted of an offence and sentenced to 12 months imprisonment (where the offence took place before citizenship was granted);
If parents lose their citizenship (except by death), their children under the age of 18 will may also lose their citizenship;
If you are over the age of 14 and you have dual citizenship, you renounce your citizenship by acting inconsistently with your allegiance to Australia by engaging in activities associated with terrorist offences;
By serving in the armed forces of another country who is at war with Australia.
If your citizenship has been revoked, you may be able to appeal the revocation in the Administrative Appeals Tribunal. For further information, contact our Immigration Law team for a free initial consultation.
If you are an Australian permanent resident, you do not have an automatic right to re-enter Australia if you leave. Depending on the terms of your permanent residence, you may be required to apply for a Resident Return Visa. It permits you to travel in and out of Australia as many times as you like before its expiry. It is valid for five years.
Becoming an Australian citizen entitles you to many opportunities that are not available to Visa holders and permanent residents. These include:
Voting in federal, state/territory elections and referendums
Apply for children born overseas to become Australian citizens
Apply for a job in the Australian public service and Defence Force
Seek election to Parliament
Apply for an Australian passport and freely re-enter Australia
Ask for Australian consular assistance while overseas
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Supreme Courts
Supreme Court New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Federal Court
Federal Circuit and Family Court of Australia
- 1300 352 000
- (02) 9230 8000
- GPO Box 9991, Sydney NSW
- enquiries@fcfcoa.gov.au
- Lionel Bowen, Building, 97/99 Goulburn St, Sydney NSW 2001
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 5:00 PM
Days Open: Monday to Friday
Federal Court
- 1300 720 980
- (02) 9230 8020
- GPO Box 9991, Sydney NSW
- enquiries@fedcourt.gov.au
- 97-99 Goulburn St in the heart of the Sydney CBD
Monday to Friday, 8:30 AM – 4:30 PM
High Court
- (02) 6270 6811
- (02) 6270 6868
- Parkes Place, Canberra ACT 2600
- enquiries@hcourt.gov.au
- Parkes Place, Canberra ACT 2600
Monday to Friday, 8:30 AM – 5:00 PM
Specialised Courts
Children’s Court of New South Wales
- 1300 679 272
- (02) 9722 6060
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
- PO Box 71 BANKSTOWN NSW 2200
- sc.enquiries@justice.nsw.gov.au
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Coroner’s Court New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Industrial Relations Commission of New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Land and Environment Court of New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday