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Obtaining a family visa in Australia can seem daunting but it’s essential to get the right visa. In this comprehensive guide, we’ll explore the different family visas available to UK citizens who are looking to move to Australia.
Part 5 in our Moving to Australia series
Part 4: Skilled migration visa Australia
Part 6: Buying a house in Australia
Family visas Australia.
The Australian government created the family visa program to bring together its citizens with their relatives who live abroad. There are a few main types of family Visas which are available to UK citizens.
Different types of family visas in Australia
- Partner visas: This applies to spouses (this includes married couples or civil partners) or de facto partners of Australian citizens or permanent residents or eligible New Zealand citizen
- Child visas: This applies to dependent children, adopted children, and orphan relatives of Australian citizens or permanent residents or eligible New Zealand citizen
- Parent visas: This visa applies to parents of Australian citizens or permanent residents or eligible New Zealand citizen
- Other family visas: This may apply to remaining relatives, carers, and aged dependents of Australian citizens or permanent residents or eligible New Zealand citizen
To apply for any type of family visa you must meet certain requirements. You must have a family member who is either an Australian citizen, permanent resident, or eligible New Zealand citizen willing to sponsor you. You must also meet the health and character requirements set by the Australian government.
Each type of family visa has its own specific requirements and application process so it’s essential to choose the right visa category based on your situation.
Applying for a family visa in Australia from the UK.
When applying for a family visa to move to Australia, you can apply online or by post. To ensure a successful application, it’s important to provide accurate and complete information.
You must meet all the requirements and submit all the required supporting documents and evidence. Seeking legal advice and assistance will also help increase your chances of success.
The application process for a family visa in Australia
- Checking your eligibility: This ensures you meet the eligibility criteria for the specific family visa you’re applying for.
- Gathering supporting documents: You must collect all the required documents and evidence. This includes your passport, birth certificate, marriage certificate, police clearance certificates and proof of relationship.
- Completing the application form: You must ensure you fill in the application form accurately, providing all the required information.
- Paying the application fee: This application fee may vary depending on the type of family visa you apply for.
- Submitting the application: When applying online or by post, you must include all the supporting documents and evidence.
- Attending biometrics and health checks: You may be required to provide biometrics and undergo health checks as part of the process.
- Waiting for a decision: The processing time for family visa applications can vary. This depends on the type of visa and the volume of applications being processed
The Australian Immigration Experts
Our Australian emigration team are:
- Registered with the Australian government
- Dual-qualified in Australian and British law
- Experts in visa appeals and complex applications
Partner visas.
The partner visa allows you to live and work in Australia permanently. You can also apply for Australian citizenship if eligible. You can only apply for a partner visa if you’re married to or in a relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
To be eligible for a partner visa, you must meet the following criteria:
- Be in a genuine and ongoing relationship with your partner
- Have a sponsor who is an Australian citizen, permanent resident, or eligible New Zealand citizen
- Meet the health and character requirements set by the Australian government
The partner visa application process
The partner visa application process involves two stages:
- Temporary Partner Visa: This stage allows you to live and work in Australia for up to two years while your permanent partner visa application is being processed
- Permanent Partner Visa: This stage allows you to live and work in Australia permanently
When applying, you must submit a joint application with your sponsor. The application process involves providing evidence of your relationship, such as photos, joint bank accounts, and statements from family and friends. You must also provide police clearance certificates and undergo health checks.
It’s important to note that the partner visa application process can be complex, expensive, and lengthy. The Department of Home Affairs may also request additional information or evidence.
Child visas.
If you have a child who is dependent and living overseas, you may be eligible to bring them to Australia on a child visa. The child visa allows your child to live and study in Australia permanently and apply for Australian citizenship if eligible.
For your child to be eligible for a visa they must:
- Be under the age of 18 and single
- Be your child or your partner’s child
- Be dependent on you or your partner for financial support
- Meet the health and character requirements set by the Australian government
The application process involves providing evidence of your relationship with the child, such as birth certificates, adoption papers, or court orders. You must also provide evidence of financial support and custody arrangements if applicable.
It’s important to note that, just like any other visa, the processing time for applications can be lengthy, and the Department of Home Affairs may request additional information or evidence.
What happens if you or someone in your family have a criminal record?
It’s likely that you will fail the character test if you have committed any substantial crimes, but it’s not always the case. Having an expert immigration solicitor help you with your application will improve the probability of your visa being approved.
For more information, look at our article ‘Can you emigrate to Australia with a criminal record?‘
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Parent visas.
You can apply for a parent visa if you are the parent of a UK citizen who is living in Australia, and you want to permanently move to Australia to live there.
Parent visas can be grouped into the following categories:
- Contributory parent visas
- Non-Contributory parent visas
Contributory parent visas
Contributory parent visas allow you to join your child in Australia as a permanent resident and open the possibility to apply for citizenship a few years down the line. They are called “contributory” visas because of the large sum of money that is contributed to the Australian Government just before your visa is granted– approximately AUD 43,000 for the main applicant.
Contributory parent visas are processed a lot quicker than other parent visas and you can expect to have the visa within about four to five years.
The contributory parent visas are issued to non-pensioner parents of Australian residents, and are divided into:
- Temporary contributory parent visa (subclass 173). This visa is valid for a maximum of two years, during which time you have to apply for the permanent visa. It allows you to work and study, but you cannot extend it – you must apply for the 143 to extend your stay
- Permanent contributory parent visa (subclass 143) This is a permanent visa type. You can either apply for this visa directly or you can apply for the 173 Visa first and then switch it into the 143
- Contributory aged parent visas are issued to pensioner parents of Australian residents. To be eligible for this visa type, you are issued to pensioner parents of Australian residents. To be eligible for this visa type, you have to be of pension age as defined by Australian law. They are divided into:
Subclass 884. This is a temporary visa, which you can use to stay in Australia for two years and apply for the permanent visa
Subclass 864. This is the permanent version of the Contributory Aged Parent Visa. You may apply for it directly or switch to the 864 from the 884
When you submit the application for either of these visas (884 and 864), you must be in Australia, and you can remain there until the visa is processed using a bridging visa.
Non-contributory parent visas
Non-contributory parent visas include the subclass 103 and 804 Visa types. While they both also lead to permanent residency (even citizenship after a few years) and the fee is much lower, they take a very long time to process – about 30 to 40 years approximately.
Subclass 103 visa
Subclass 103 parent visa leads to permanent residency. The requirements for this type of visa are similar to the contributory kind, but the fee is much lower and you will have to wait much longer to receive it (up to 30 years). Additionally, in most cases, you cannot be in Australia when your application is being processed.
Subclass 804 visa
The Subclass 804 aged parent visa is s a non-contributory visa, which means it also takes up to 30 years to receive permanent residence in Australia. However, you have to travel to Australia to submit the visa application and you will receive a bridging visa to allow you to live there legally until it the visa processed.
Applying for a parent visa
To apply for a parent visa, you must:
- Meet the balance-of-family test, this means at least half of your children must be living in Australia as citizens, permanent residents, or eligible New Zealand citizens
- Meet the health and character requirements
- Have enough money to support yourself in Australia
Parent visas can also be very pricey, and processing times can fluctuate massively depending on the visa subclass.
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Other family visas.
There are other types of family visas available. differing from partner, child, and parent visas, these visas apply to different circumstances.
The Aged Dependent Relative visa (Subclass 114) is for older relatives who rely on their Australian citizen or permanent resident family member for financial support. The relative must be single and rely on the resident to qualify for the visa.
The Remaining Relative visa (subclass 115) allows someone outside Australia whose only near relatives are living in Australia to live in Australia as a permanent resident. You might be eligible for this visa if:
- Your (and your partner’s) only near relatives live in Australia
- An eligible near relative or their partner will sponsor you and all family members included as applicants in your application meet health and character requirements
If you need a different visa, we recommend you seek professional advice as visas can be very costly to your time and money.
Seeking legal advice and assistance can help ensure you choose the right visa and boost the chances of a successful application.
Experts in emigrating to Australia
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