Australian Immigration Lawyers

People with Australian (including Australian citizens, permanent residents or eligible New Zealand citizens) family such as fiancés, partners, children, parents and other family members of Australian citizens have a number of visa options, the main visas that we deal with being:

Brief Summaries Of Each Visa

Aged Dependant Relative (Sub-class 838)

This visa allows aged persons to be sponsored to migrate to Australia by a relative in Australia who they rely on for all, or most, of their living costs.

Carer (Sub-class 836)

This visa is for people to be sponsored by their Australian relative or their Australian relative's spouse when they are needed to care for that Australian relative or a member of their family unit who has a medical condition. It is a very hard visa to obtain as strict rules apply about the degree of care required.

Child (Sub-classes 802/101, 837/117, 445 & 102)

There are four types of child visa. The first three can be applied for from within or outside Australia. The adoption visa can only be applied from overseas:

Child (Permanent) (802/101)

For children from overseas who are the natural, adopted or step children of an Australian citizen or Australian permanent resident or eligible New Zealand citizen.

Orphan Relative (Permanent) (837/117)

For children from overseas whose parents are deceased, permanently incapacitated, or whose whereabouts are unknown, and who have an eligible sponsor in Australia.

Dependent Child Visa (445)

For children whose parent holds a temporary partner visa and is in the process of obtaining a permanent partner visa.

Adoption (102)

For children from overseas who have been or are about to be adopted by an Australian citizen or the holder of an Australian permanent visa, or an eligible New Zealand citizen. Important: If the child was adopted before the parent became an Australian citizen or the holder of an Australian permanent visa or an eligible New Zealand citizen, they should instead apply for a Child visa overseas (subclass 101)

Fiancé

This visa allows people from overseas to enter Australia, and then marry their fiancé within nine months of arriving in Australia. Their fiancé must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Once married, holders of this visa can then apply to remain permanently in Australia on a spouse visa.

New Zealand Citizen Family Relationship (temporary) Visa (sub-class 461)

The purpose of this visa is to allow non-New Zealand citizens to travel to and live in Australia with a New Zealand citizen family member who is a Special Category visa holder.
The Special Category (subclass 444) visa is a temporary visa automatically granted to New Zealand citizens of good character who arrive in Australia without holding a permanent visa.

Parent

There are currently no less than twelve parents’ visas for parents who have at least half of their children as Australian permanent residents or citizens. The first decision to make is which one to apply for. To a certain degree this decision depends on the age of the parents themselves – parents old enough to obtain the pension were they Australian may be able to apply for one of the four aged parent visas. Younger parents have four visas they can apply for from within Australia and four from overseas. However, these visas are very tricky – some of the visas have waiting queues well over 10 years long! Other visas are processed very quickly but the government fees are enormous. You definitely need correct and timely advice in this area!

Remaining Relative

This visa is for a person who’s only near relatives (or their relative's eligible spouse) want to sponsor them to Australia and are usually resident in Australia and are Australian citizens, Australian permanent residents or eligible New Zealand citizens.

The visa applicant’s spouse and other family members may be included in your application if they meet certain requirements.

FAMILY VISAS