Who is included in a Family Visa in Australia?

Australia is a popular destination for migrants, offering a high standard of living, excellent healthcare, and diverse cultural experiences.

For those looking to reunite with their loved ones or bring their family to Australia, understanding the family visa options is essential.

The Australian immigration system offers several visa subclasses that cater to different family members, each with its own eligibility criteria and application process. Navigating these options can be complex, which is why using a migration lawyer can be invaluable.

Types of Family Visas in Australia

Family visas in Australia generally fall into a few categories, primarily focused on reuniting families. Here’s a breakdown of the most common family visas and who is included:

1. Partner Visas

Partner visas are designed for individuals who are in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. These visas allow the partner to live, work, and study in Australia.

Who is included?

Spouse: Legally married to the Australian sponsor.
De facto partner: Not married but in a de facto relationship with the sponsor for at least 12 months.
Same-sex partners: Treated the same as opposite-sex partners under Australian law.

There are two main types of partner visas:

Subclass 820/801 (Onshore): Allows the applicant to apply from within Australia.
Subclass 309/100 (Offshore): Requires the applicant to apply from outside Australia.

2. Parent Visas

Parent visas allow Australian citizens, permanent residents, or eligible New Zealand citizens to sponsor their parents to live in Australia. These visas have different processing times and costs, depending on whether they are contributory or non-contributory visas.

Who is included?

Parent(s): Biological, adoptive, or step-parents of the Australian sponsor.

Parent visas include:

Subclass 103 (Parent Visa): A permanent visa for parents, but with a long waiting period.
Subclass 143 (Contributory Parent Visa): A permanent visa with a faster processing time but higher costs.
Subclass 173 (Contributory Parent (Temporary) Visa): A temporary visa that allows parents to stay in Australia for up to two years, with the option to apply for a permanent visa later.

3. Child Visas

Child visas are for children of Australian citizens, permanent residents, or eligible New Zealand citizens. These visas allow the child to live permanently in Australia.

Who is included?

Biological child: The child must be under 18, or over 18 and dependent on the sponsoring parent.
Adopted child: Adoption must have occurred outside Australia, and the child must meet specific criteria.
Stepchild: If the child’s biological parent is deceased, and the step-parent is an Australian citizen, permanent resident, or eligible New Zealand citizen.

Child visas include:

Subclass 101 (Offshore) and Subclass 802 (Onshore) Child Visas: Permanent visas that allow the child to live in Australia.
Subclass 445 (Dependent Child Visa): Temporary visa for a child whose parent holds a temporary partner visa.

4. Other Family Visas

Apart from partner, parent, and child visas, Australia offers other family visas designed to reunite extended family members.

Who is included?

Aged Dependent Relative: Relatives who are single, older, and dependent on the Australian sponsor.
Remaining Relative: The last remaining close family member of an Australian sponsor.
Carer: A relative willing and able to provide care for an Australian sponsor with a medical condition.

These visas include:

Subclass 835 (Remaining Relative Visa): A permanent visa for the last remaining relative of an Australian citizen or permanent resident.
Subclass 838 (Aged Dependent Relative Visa): A permanent visa for an older relative who is dependent on the Australian sponsor.
Subclass 836 (Carer Visa): A permanent visa for a relative who needs to move to Australia to care for an Australian citizen or permanent resident.

The Importance of Using a Migration Lawyer

Applying for a family visa in Australia can be a complex and time-consuming process. The visa application process involves understanding various legal requirements, preparing detailed documentation, and meeting strict deadlines.

This is where the expertise of a migration lawyer becomes crucial.

Extensive Knowledge: Migration lawyers are well-versed in the intricacies of Australian immigration law. They can provide accurate advice on which visa subclass is most suitable for your situation and ensure that all legal requirements are met.
Document Preparation: A significant portion of visa applications is rejected due to incorrect or incomplete documentation. A migration lawyer will help you gather, prepare, and submit all necessary documents, increasing your chances of a successful application.
Navigating Changes in Law: Australian immigration laws are constantly evolving. A migration lawyer stays updated on these changes and can advise you on how they may impact your visa application.
Appeals and Representation: If your visa application is denied, a migration lawyer can represent you in appeals and provide guidance on the best course of action. They can help you understand the reasons for rejection and work with you to strengthen your case for a successful outcome.
Peace of Mind: Engaging a migration lawyer provides peace of mind, knowing that your application is being handled by a professional. This allows you to focus on other important aspects of your move to Australia.