Australia's Family Migration Scheme is designed to allow people to migrate to Australia to join family members already living here as permanent residents or Australian citizens. A person who qualifies to migrate to Australia may include their family unit in their visa. Normally the Australian relative must sign and lodge Sponsorship papers with the Australian Government. We provide the following brief summary of some of the types of migration visas available to people with family members living in Australia as permanent residents or Australian citizens:
Spouse Visa
An Australian or New Zealand permanent resident or citizen may sponsor a foreigner to obtain permanent residence in Australia as their spouse, de facto spouse or fiancé(e). Both legal marriages and de facto marriages are considered. Usually, a temporary visa for two years is granted first. If the relationship is strong and continuing after two years, a permanent visa is granted.
Child Visa
An Australian relative may sponsor a child who is dependent upon them to become a permanent resident of Australia. Children aged over eighteen years are considered.
Parent Visa
An Australian citizen or permanent resident who has been resident in Australia for at least two years may sponsor their parent(s) to obtain permanent residence in Australia. If the parent is of working age, it must be proven that the Australian is dependent upon the parent. If the parent is past working age, the "Balance of Family Test" must be passed, that is, the number of children of the parent permanently resident in Australia must be:
- Greater than (or at least equal to) the total number of children of the parent who are resident anywhere overseas OR
- Greater than the greatest number of children of the parent who are resident in any single overseas country.
Preferential Family Visa
Aged dependent relatives, orphan relatives and special need relatives may be sponsored to migrate to Australia by an Australian relative. Also where a foreign relative and their spouse live in a country where none of their relatives live then an Australian relative may sponsor them to migrate to Australia. In some of the above cases it is required that the Australian relative must have been permanently resident in Australia for at least two years before they will be eligible to sponsor their foreign relatives.
Interdependency Visa
This is the equivalent of a spouse visa for same-sex couples. Also (rarely) it is available to friends who are truly interdependent upon each other for emotional and financial support.
Assurance of Support Bond
In any of the above cases, a cash bond may be required to be lodged with the Australian Government as security against the possibility that the new migrant(s) may take the benefit of welfare payments during their first two years residence in Australia. For Applications made after 1 November 1998, the amount of this bond is $3,500 for the first migrant and an additional $1,500 for each person aged over eighteen years to be included in the visa. Also, an Australian citizen or permanent resident must sign a form guaranteeing that if the bond money in not enough, they will pay the extra money required (this is usually done by the Australian relative). This bond is compulsory for the Parent visa and all of the Preferential Family visas.
Special Rules Relating to Children
Where the migrants come from broken families or have been involved in a divorce complications can occur in respect of children to accompany them to Australia. The Australian Government will not interfere with the laws of foreign countries in relation to the custody access and guardianship of children. A parent wishing to migrate to Australia with children must either have the written consent of the other parent or court documents giving them full custody and guardianship of the children and giving no right of access to the other parent.
