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Family Visa Perth, Australia

If you are in a long term and committed relationship and co-habiting with an Australian Permanent Resident or Citizen you may be eligible for a temporary or permanent partner visa. There are three categories of Spouse Visa to consider when migrating to Australia. They are the Spouse Marriage, Spouse De-facto, or Prospective Marriage (Fiancé) Visa.  There is no longer separate visa subclasses for “Interdependent” Spouses (same-sex relationships), as they are now considered under the same requirements as the De Facto Visa.  To be eligible to apply for a Spouse Visa (Family Visa Australia) the applicant must be able to prove one of the following:

  • They are legally married to an Australian citizen or permanent resident or eligible New Zealand Citizen;
  • They have been in a defacto relationship (residing together as a married couple) with an Australian Citizen or permanent resident, or eligible New Zealand Citizen, for a period of at least 12 months immediately preceding lodgement of the application;
  • They are formally engaged to be married to an Australian citizen or permanent resident (or eligible NZ Citizen) and be free to marry that person.

Apart from the Fiancé Visa, most spouse applications work in two stages and unless you have been in your relationship or married for 5 years, or 2 years and you have children together, the initial visa granted is a "temporary" or "provisional" visa only. 
This means that the initial Spouse Visa will be granted for 2 years (or until such time as a decision is reached on your permanent visa) and once the first two years are up, you will go through second stage processing which is when the permanent visa is granted. 
Fiancé Visas go through a three step process – the first part is lodged offshore and once granted the applicant must make an entry to Australia and will have a set period of time (usually 9 months) to marry their sponsor. On the Fiancé visa, the applicant will be entitled to work in Australia and will have multiple travel rights, but will not be entitled to Medicare. Once they are married and before the Fiancé Visa expires, the Spouse Visa must be lodged. 

On the Provisional Spouse Visa you are entitled to work in Australia, will have access to Medicare and multiple travel rights. The two step process is the Department's way of safeguarding against people who are not genuine and you should also be aware that if your relationship breaks down before the 2 years is up, the permanent application may not be approved unless certain circumstances apply. 

What this means in practical terms is that the Department of Immigration will contact you shortly before the 2 year time frame is up. The 2 years runs from the date of lodgment of the initial visa application. At the time of second stage processing you will be asked to provide some more information and evidence of your genuine and ongoing relationship, similar to the paper work you provided for the initial visa. This may include undergoing police and health clearances a second time to get permanent family visa Australia. 

All spouse applications are judged on the genuineness of the relationship and you will need to show that you are in long term, committed relationship with each other. This is really a relationship of at least 12 months or more. Even if you are married you would ideally still need to show at least 12 months of a committed relationship. (The exception to this would be the Fiancé visa and culturally arranged marriages). You will need to be able to demonstrate that you have a shared life and a commitment to each other including, but not limited to, the financial and emotional support you provide each other as well and joint financial commitments you have and interaction with friends and family to get family visa Australia. 

If you have only known each other for a short time or have not met, then any application you lodge to get family visa Australia will most likely be rejected. 

Spouse Marriage and De-facto can only be lodged onshore if the applicant is the holder of a visa which does not contain a “no further stay” condition. If this condition is on the visa, the application must be lodged offshore and can only be lodged once the applicant is outside of Australia. 

If you are interested in finding out more about your options available to you, please complete our online enquiry form or contact us.

Other Family Visas

 

 

 There are visa options for other family members to migrate to Australia both permanently and temporarily – these include remaining relatives, aged dependent relatives and carers of Australian citizens, permanent residents of Australia or eligible New Zealand citizens. 

Remaining Relative Visa

This visa is for people who wish to migrate to Australia whose only immediate family are all resident in Australia and are Australian citizens, Australian permanent residents or eligible New Zealand citizens and who reside in Australia. 

This visa requires you to be sponsored by an eligible relative (or your relative's eligible partner), in Australia. 

This visa may be a suitable option for you if: 

  • You have a brother, sister, or parent who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen usually resident in Australia
  • You and your partner have no brothers, sisters, non-dependent children, parents (or step-equivalents) other than those in Australia.

Your partner and other family members may be included in your application if they meet certain requirements. NOTE: If your partner has immediate family living outside Australia, you are not eligible for this visa. 

You will also be required to obtain an Assurance of Support. 

An Assurance of Support is a commitment to provide financial support so that the Applicant will not have to rely on any government forms of support. The assurance is also a legal commitment to the government to repay any benefits paid to Applicants they are not entitled to. 

An Assurance of Support Bond is payable. 

To apply within Australia you must hold a substantive visa and be in Australia when the visa is granted. If you apply outside Australia, you must be outside at the time the visa is granted. 

 Aged Dependent Relative Visa

This visa requires that the applicant is sponsored by their relative in Australia and is suitable for applicants that are: 

  • Aged (age requirements apply)
  • Financially dependent on a relative in Australia
  • Single, having never married or entered into a de facto relationship, or are widowed, divorced or formally separated from their partner.

To meet the age requirements for this visa:

  • Men must be 65 years or older
  • Women should use the following table:

 

Birth Date Minimum Age
Before 1 July 1935 60 years old
1 July 1935 – 31 December 1936 60.5
1 January 1937 – 30 June 1938 61
1 July 1938 – 31 December 1939 61.5
1 January 1940 – 30 June 1941 62
1 July 1941 – 31 December 1942 62.5
1 January 1943 – 30 June 1944 63
1 July 1944 - 31 December 1945 63.5
1 January 1946 – 30 June 1947 64
1 July 1947 - 31 December 1948 64.5
1 January 1949 and later 65

 Example: A woman born in 1949 will have to wait until 2014 (when they turn 65) before they can apply for this visa

Carer Visa

This visa is suitable for applicants who are needed to care for an Australian relative or a member of their family who has a medical condition and is a permanent resident of Australia. The applicant is required to be sponsored by their Australian relative or their Australian relative's partner. 

If you are interested in finding out more about your options available to you, please complete our online enquiry form or contact us



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Swan Migration
23 Kirkby Circuit
Wellard Western Australia
Post Code: 6170