family visas and partner visasFamily visas allow a person and the person’s family to live and work in Australia.

These family visas can be temporary family visas and permanent family visas, and allows the holder to stay in Australia with an eligible family member.

The family visas we can offer advice and assistance with include:

  1. Child visa (subclass 802)
  2. Contributory Aged Parent visa (subclass 864)
  3. Contributory Parent visa (subclass 143)
  4. New Zealand Citizen Family Relationship (temporary) visa (subclass 461)
  5. Parent visa (subclass 103)
  6. Partner (Provisional and Migrant) visa (subclass 309 100)
  7. Partner visa (subclass 820 801)
  8. Prospective Marriage visa (subclass 300)
  9. Sponsored Parent (Temporary) visa (subclass 870)

However, there are a number of requirements for family visas.

Requirements for Family Visas

Some of the requirements for family visas include:

  1. Have a sponsor or eligible family member including an Australian citizen, eligible New Zealand citizen or Australian permanent visa holder;
  2. Continue to meet relationship requirements;
  3. Have adequate health insurance;
  4. Meet the age requirements;
  5. Meet the health requirements; and
  6. Meet the character requirements.

Obviously, different visas have different combination of the above requirements.  Contact us to discuss your requirements.

I will discuss these requirements a little further below.

Have a Sponsor or Eligible Family Member

Family visas each require a different level of person who must be sponsor or eligible family member.  This includes a person who is an:

  1. Australian citizen; or
  2. Eligible New Zealand citizen; or
  3. Australian permanent visa holder.

This can include husband, wife, partner, spouse, child, parent, step-child, step-parent, and more.   Contact us to discuss the requirements in your particular matter.

Continue to Meet Relationship Requirements

In some circumstances (extending visa, or moving from temporary to permanent) a requirement for family visas meant that an applicant must show that they are in a continuing relationship.

This is done by showing that the applicant and the eligible family member are:

  1. Married or in a de facto relationship; and
  2. In a genuine and continuing relationship; and
  3. Living together, or not live permanently separately and apart; and
  4. Mutually committed to a shared life excluding other partners.

Have Adequate Health Insurance

For some family visas, an applicant must have and maintain adequate health cover for the whole of their stay if you are granted this visa.

The insurance should cover the applicant for medically necessary treatment, including transport.

Adequate health insurance for visa holders must include and adequately deal with:

  1. Public hospital
  2. Surgically implanted prostheses
  3. Pharmacy
  4. Medical services
  5. Ambulance services
  6. Informed financial consent
  7. Waiting periods
  8. Excluded treatments
  9. Global annual benefit limits
  10. Out-of-hospital cover
  11. Excess, co-payment or patient contribution
  12. Portability
  13. Buy-out clauses
  14. Arrears

Click here for more information – https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/health/adequate-health-insurance

Meet the Age Requirements

Different family visas have different age requirements.

  1. If the visa is a child visa then the child must be under 18 years of age;
  2. If the visa is a marriage visa then the applicant must be over 18 years of age;
  3. If the visa is a retirement visa then the applicant must be old enough to receive the age pension in Australia.

There are a number of different requirements, for a number of different family visas.  Contact us to discuss the age requirements in your particular matter.

Meet the Health Requirement

To meet the health requirement, an applicant must not have a disease or condition that:

  1. A cost to healthcare and/or community service of AUD $49,000 or more; and/or
  2. Prejudices access to scarce health services to Australians in services including most commonly cancer, functional impairment, HIV infection, intellectual impairment, renal disease or failure.

Some of the test for the business visas may include:

  1. Chest x-ray;
  2. Hepatitis b and c test;
  3. HIV test;
  4. Medical examination; and
  5. TB screening test.

This is not required in all cases but depends on where the applicant is coming from and what they intend to do when in Australia.

A business visa applicant must also meet the character requirements of the visa.

Meet Family Visas Character Requirement

The character requirements mean that the applicant and others included in the application must be of good character and must remain of good character.

The character requirements include (but not limited to) whether:

  1. You have been sentenced to a term, or two or more terms, of imprisonment of 12 months or more;
  2. You are or have been a member of, or have an association with, a person or group or organisation that are involved in criminal conduct;
  3. Serious crimes such as crimes against humanity, crimes involving torture or slavery, genocide, people smuggling, people trafficking, sexually based offences involving a child, and/or war crimes, ect; and/or
  4. Received an adverse security assessment by ASIO.

For more information, the character requirements are provided at section 501 of the Migration Act 1958.

Family Visas Assistance

This brief overview is a very simple outline of what is involved in migrating with family visas.

We strongly advise that you contact us to find out how we can help you and your family migrate to Australia as a family migrant on a family visa or partner visa.

 

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