Several options are available for other family members to migrate in Australia. Options are Remaining Relative, Aged Dependent Relative and Carers of an Australian Citizen, permanent resident and an ENZC.
- Last Remaining Relative – this visa is for people who want to come to Australia whose only immediate families are all living in Australia who are Australian Citizen, permanent resident or an eligible New Zealand citizen.
Applicant must be sponsored by an eligible relative or your relative’s eligible spouse or partner in Australia. You must a brother, sister or parent who is an Australian Citizen, permanent resident or an eligible New Zealand citizen who is usually resident in Australia. Applicant is required to obtain an Assurance of Support (AoS) from their sponsor. Currently, processing time could be up to 15 from lodgement before a decision is made to the visa application.
- Aged Dependent Relative visa – applicants must be sponsored by their relative in Australia. They should be at least 65 years old and financially dependent to their relative in Australia for at least 3 years and single, having never married or entered into a de facto relationship, or are widowed, divorced or formally separated from their partner. This visa is subject to capped and queue.
- Carer Visa – this visa is for applicant who are to care and support for a relative in Australia who is an Australian Citizen, permanent resident with a significant medical condition such as physical or intellectual impairment. The relatives that suffer medical condition is not able to care for themselves in the practical aspect of their daily lives. The applicants must show that assistance cannot be provided in Australia by any other source. At least 2 years is required that the support and assistance provided should continue to exists.
You can apply for this Spouse visa if you are in a relationship with an Australian Citizen, Australian Permanent Resident or an Eligible New Zealand Citizen. You must satisfy all the relevant law and procedures before applying for Partner Visa. Application can be made in or outside Australia.
To be eligible to apply for this visa, applicants must prove that:
- They are legally married to an Australian Citizen, Australian Permanent Resident or an Eligible New Zealand Citizen.
- They are in a de facto relationship with an Australian Citizen, Australian Permanent Resident or an Eligible New Zealand Citizen for at least 12 months prior to lodging of visa application. Exception to the 12 month requirement is when you register your de facto relationship under the law.
- They have met each other personally at the age of 18, engaged to be married and free to marry an Australian Citizen, Australian Permanent Resident or an Eligible New Zealand Citizen. This visa is known as Fiancé Visa.
Partner visa works in 2 stages. The first stage is the initial visa granted is a temporary visa only which leads to a permanent visa after 2 years provided that the spousal relationship is still exists. If relationship continues to exists, then stage 2 will be given granting the applicant to stay in Australia permanently. If relationship does not continue to exist, permanent visa application may not be approved except special circumstances apply.
Fiancé visas have to be lodged outside Australia. Once visa is granted, applicant is allowed to come and stay in Australia for a period of 9 months. The applicant must marry her sponsoring fiancé within the 9 month period. Marriage can be made in or outside Australia.
Parent / Child Migration
This is a permanent visa that allows a child to come or stay in Australia with their parents. It can be an onshore or offshore visa application. Applicants must be a child of an Australian Citizen, Permanent Resident or an Eligible New Zealand Citizen. The child has not turned 25 years of age. A child who has not turned 18 years of age is automatically deemed to be 'dependent' on the parents.
Applicant who has turned 18 but not turned 25 years of age must not be engaged to be married and does not have a spouse or de facto partner and has never had a spouse or de facto partner.
Applicant must not be engaged in a full – time work and must be studying a full time course in an Institution for the award of s professional or vocational qualification.
This visa is for parents who wish to migrate to Australia to be with their children. They must meet the balance of family test to be eligible to apply for this visa. Applicant must be sponsored by one of their children who is an Australian Citizen (must have been residing in Australia for at least 3 months before lodging of the parent visa application) or a permanent resident who is settled in Australia (must lived in Australia for at least 2 years before lodging the parent visa application).
Parents may apply for an Aged Parent visa in Australia (onshore) only if one parent is old enough to be granted an Australian age pension. This is 64.5 years of age for women (depending on date of birth) and 65 for men. If neither parent is old enough, the application must be lodged offshore.
An Assurance of Support (AoS) is requires in lodging the visa application. Parent visa is subject to capped and queue which means that only a certain amount of number is allocated in a financial year. If there are no places available, then it will be put in a queue.
There are 2 visa options for Parent Migration:
- Standard Parent Visa Category - this visa is not expensive and affordable but is subject to capped and queue. Currently, processing time could be up to 15 years before a decision is made to the visa application.
- Contributory Parent Visa Category – this visa is expensive but reasonable in the sense that the current processing time is up to 6 to 18 months only before a decision is made to the visa application.
This temporary visa is for retirees and their partners (if any) who want to spend some of their retirement years in Australia. However, this visa is closed to new applicants and only available for renewal to:
- existing Retirement visa (subclass 410) holders and their partners (if any)
- former Retirement visa (subclass 410) holders and their partners (if any) who have not held another substantive visa since last entering Australia.
This visa allows you to reside in Australia for up to 10 years from date of grant with work rights, maintain your investments and could purchase residential property without any restriction. You must have a health Insurance. No medical test for renewal but character check is required.
Investor Retirement Visa (subclass 405)
This is a Temporary visa for retirees and their partners to live and spend some of their retirement years in Australia. To apply in Australia, applicants must be in Australia when visa is granted. To apply outside Australia, applicants must be outside Australia when visa is granted. Applicants are allowed to apply for this visa in the following conditions.
- Must be at least 55 years old or over
- Only partner/spouse can be included in the application and must not have any dependents
- Meet income requirements
- Able to make significant long term investment in Australia
This visa allows you and your partner to work for up to 40 hours a fortnight in Australia. You can travel to or remain in Australia for up to 4 years from the date when the visa is granted (you can apply for the same visa before or after the 4 year period elapsed. You can have your partner who had granted this visa to accompany you in Australia.
Resident Return Visa
This visa is for you if you are a current permanent resident in Australia or a former Australian Citizen. It allows you to travel outside Australia and to return as a permanent resident. You need this visa if the current period of travel in your visa has expired or is about to expire.
5 year Resident Return Visa (subclass 155)
Requirements for Visa Grant:
- You have spent a period totalling two years in the last five years in Australia as either an Australian permanent resident or citizen (the ‘residence requirement’)
- You have not spent two of the last five years in Australia as a permanent resident or citizen, but can satisfy the processing officer that you have substantial business, cultural, employment or personal ties of benefit to Australia, and:
- are lodging while in Australia and can show compelling reasons for any continuous absence from Australia of more than five years;
- are lodging while overseas, were a permanent resident or citizen when you last departed Australia and can show compelling reasons for any continuous absence from Australia of more than five years;
- are lodging while overseas, were a permanent resident or citizen in the last 10 years and can show compelling reasons for absence(s) over five years;
- You have not spent two of the last five years in Australia as a permanent resident or citizen, but are the partner or dependent family member of a person who holds a subclass 155 visa, or who has also applied for a Resident Return visa and satisfies criteria for grant
3 Month Resident return Visa (subclass 157)
Requirements for Visa Grant:
- have lawfully spent at least one day in the past five years in Australia
- have spent less than two years in the past five years in Australia
- have been a permanent resident or an Australian citizen for the entire period spent in Australia
- can show a compelling and compassionate reason for having to leave Australia or, if you are outside Australia, for leaving when you did
There must be a compelling and compassionate reason for your absent if you are living outside Australia for more than 3 consecutive months immediately before applying for this visa.
Migration Review Tribunal Application (When things go wrong)
Not all visa application is granted. Sometimes visa application is refused due to not satisfying the law and procedures requirements. An incomplete and invalid application could result into visa refusal.
Visa refusal could lead applicants to be barred for a certain period of time to apply for another visa application. In addition, once you are refused of a visa application, this could limit your visa options. You can only apply to certain visas available after a visa refusal.
For applicants inside Australia, visa refusal has a great effect on individual’s circumstances that are in a temporary visa. Once refused, application to appeal to Migration Review Tribunal (MRT) must be made within a specific amount of time to avoid being an unlawful non-citizen in Australia or could apply for another substantive to be eligible for a Bridging Visa while waiting for a decision to be made on the visa application, to remain lawful non-citizen in Australia. Becoming an unlawful non-citizen could result to be locked – up in immigration detention cells and deported back to the country of their nationality.
To avoid these problems, please contact our office to provide you with immigration assistance on such issues.
Visa that is granted may result in cancellation if did not comply with the visa conditions imposed to their visa. Breaching of visa conditions is one reason that could end up in visa cancellation under general grounds. The law contains number of provisions which give the minister power to cancel a permanent or temporary visa under various circumstances. The grounds for cancellations are:
- Incorrect information – providing bogus or fake documents to obtain a visa.
- General grounds – it contains a number of general grounds for cancellation including breach of visa condition and where the grounds for holding the visa no longer exist.
- Visa holder outside Australia – permanent or temporary visa maybe cancelled on general grounds while visa holder is outside Australia.
- Student visa – this visa may be cancelled automatically on the breach of the visa conditions.
- Business Visa – permanent business visa maybe cancelled where the holder of the visa fails to abide by the conditions of the visa.
- Regional Sponsored Migration Scheme – a visa maybe cancelled where the visa holder did not comply with the visa conditions.
- Consequential Cancellation – this is mainly used to cancel visa of dependent family members where the primary visa holder’s visa is cancelled.
- Character grounds – an individual’s visa that is cancelled under this power is prohibited from ever returning to Australia. The grounds could be involvement in any criminal activity or the person’s general conduct or is found not to pass the character test because of substantial criminal records.
To come and over stay in Australia would seems not to have good result for people. Individual tends to hide from the authorities to avoid being put in immigration detention and deported back to their home country. Over staying means living unlawfully in Australia as a non- citizen.
There are possible solutions to straighten up this issue. Our office could provide assistance to help you stay and be a lawful non- citizen again in Australia if you have a compelling and compassionate circumstances.
Please contact our office for further information.
Checking self- prepared Partner visa application
If you are not sure that you have answer the questions in the forms for visa application or not sure that you have provided all the documentations required for the grant of a visa or any other queries, our office could provide you with assistance for this block of work. Our office would not represent you or legally act in your behalf but will provide immigration assistance solely for this purpose.
To ensure that your skill is qualified for skilled migration or temporary work skilled and is listed in the Skilled Occupation List (SOL) or Consolidated Skilled Occupation List, our office provide this service to clients to avoid any financial loss to the clients if they apply for a visa with no formal qualification which could result in a visa refusal