Family Sponsored Visas

1.    General.  These are applicants who qualify on the basis of their family relationship to a sponsor in Australia and are essentially defacto or non-facto spouses, fiancés, interdependent partners, aged dependent relatives, last remaining relatives, carers and parents who meet the "balance of family test." They are exempt from the skills test and English language ability that are normally required for General and Business Skilled migrants.

2.    Defacto or Non-defacto Spouse and Interdependent Partners.  The applicant may choose to lodge his or her application onshore or offshore. To be eligible to apply for this visa the applicant must: -

*   Be in a married or defacto relationship or interdependent relationship with an         Australian citizen, Australian permanent resident or eligible New Zealand citizen and be sponsored or nominated by his/her spouse or interdependent partner;
*   If the applicant is in a defacto relationship then he or she must show the Department of Immigration that the defacto relationship has been in existence for a minimum period of 12 months;
*   Be able to prove to the Department of Immigration that the relationship with the sponsor is genuine and continuing;

3. Fiancés.  The applicant must lodge his or her application offshore. To be eligible to apply for this visa the applicant must:-

*   Be engaged to be married to an Australian citizen, Australian permanent resident, or eligible New Zealand citizen and be sponsored or nominated by his/her fiancé;
*   Be able to prove to the Department of Immigration that there is a genuine intention to marry his/her fiancé and live together in a spousal relationship within 9 months of arrival in Australia;

4.    Aged Dependent Relatives.  The application can be lodged onshore or offshore. To be able to apply for this visa the applicant must: -

*   Be single, or widowed or divorced aged person who is dependent on the sponsoring relative living in Australia;
*   Have been dependent on the sponsoring relative for at least three years before lodgment of the application;
*   An Assurance of Support is required;

5.    Remaining Relatives. The application can be lodged onshore or offshore. This visa enables a close family relative who would otherwise be left on his/her own overseas, to migrate to live with other family members already living in Australia. With effect from 01 November 2005 the Minister of Immigration has announced that only the last remaining relative (unmarried with no biological children) will be eligible to apply to migrate to Australia under this category of visa.  To be eligible to apply for this visa the applicant must: -

*   Be the brother, sister, or child or step-child of an Australian citizen, Australian permanent resident or eligible New Zealand citizen;
*   Be sponsored by the sponsoring relative living in Australia;
*   An Assurance of Support is required;

6.    Carers.  The application can be lodged onshore or offshore. This visa enables an applicant who is willing and able to give substantial continuing assistance to an Australian relative or member of his/her family who has a medical condition that is causing physical, intellectual or sensory impairment of their ability to attend to the practical aspects of daily life. The need for assistance must be likely to continue for at least two years. To be able to apply for this visa the applicant must: -

*  Be a relative or member of the family of the Australian citizen, Australian permanent resident, or eligible New Zealand citizen requiring the care;
*   Be sponsored or nominated by the relative living in Australia;
*   An Assurance of Support is required;

7.   Parents.  To be eligible to apply for this visa the applicant must: -

*   Be the parent of a child who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen;
*   The sponsoring child must be “settled” in Australia. This generally means that the sponsoring child has resided in Australia for at least two years;
*   Pass the balance of family test. This means that at least half of the applicant’s children must live permanently in Australia as Australian citizens or Australian permanent residents;
*   Depending on the applicant’s age the application can be lodged onshore or offshore.

8.   Conclusion.  If an applicant is able to meet all the requirements of any particular category of visa he/she intends to apply for, then he/she is invited to contact James Tan Immigration Consultants by completing the Assessment Form in this website for a proper assessment to determine whether an application should be lodged with the Department of Immigration & Citizenship. This assessment costs only AUD$150.00 and is credited to the applicant's fees payable if he/she proceeds to instruct us to proceed with an application. In all instances lodgment fees (which can be quite substantial) once paid to the Australian Department of Immigration is non-refundable. Therefore the AUD$150.00 assessment fee paid is money well spent.

9.    Please note that the immigration information provided in this website is a guide only. You are advised to contact James Tan Immigration Consultants or the Department of Immigration & Citizenship for specific answers to any question affecting your case. For a prompt reply to any query with regard to your case you are invited to submit your confidential completed Assessment Form to James Tan Immigration Consultants for an accurate assessment of your specific case.