Each year, the Australian government approves migration visas for thousands of people overseas who wish to reunite with family members already living in Australia.

For the year 2007-2008, Australia opened the door to nearly 153,000 newcomers, an increase of more than 3 per cent over the year before. Of the total number of immigration spaces available, 50,000 are for migrants sponsored by family members in Australia.

Unlike those applying under the skilled category, family applicants do not need to take a skills or language test. However, all family category migrants, whether applying from within or outside of Australia, must be sponsored by a close relative, partner or fiancé. And the migrant must meet Australia’s health and character requirements.

The sponsor must be:

• An Australian citizen or permanent resident; An eligible citizen of New Zealand;
• At least 18, in most cases;
• A parent or relative (or the cohabitating spouse of a parent or relative) when sponsoring a child;
• The son or daughter, when a parent is the applicant;
• A relative, when another family member is the applicant.

The family migration program has four main categories: partner, child, parent and other family. There are different rules and regulations for each of these categories.

Spouse Temporary Visa (Subclass 309) and Permanent Visa (Subclass 100) Offshore Temporary visa

This is a temporary visa allows the applicant to enter or remain in Australia on the basis of their married or de-facto relationship with their partner

• Applicant must be outside Australia
• Applicant must have been in relationship for a period of 12 months prior to lodgment of visa application
• Live together or not apart on a permanent basis
• Marriage must be legal under Australian Law
• Partners must be able to show they have a commitment to sharing their life together to the exclusion of all others
• Applicant may apply for the permanent visa if after two (2) years they continue to meet the eligibility requirements of this visa

Prospective Marriage Visa (Subclass 300) Offshore Temporary visa

This visa allows a non Australian engaged partner to travel to Australia and remain for nine months to marry his or her Australian fiancé.

• Applicant must be outside Australia at the time of visa application and visa approval
• The applicant and the sponsor must be personally known to each other
• Applicant must genuinely intend to marry their Australia fiancé and intend to live together as husband and wife
• You and your Australian fiancé must be able to legally marry according to Australian law
• If the couple marries within the period of nine months, then the applicant is eligible to apply for a Spouse Visa

Interdependency Visa: Offshore Temporary and Permanent (Subclasses 310 and 110) Offshore Temporary visa

• This visa is limited to same sex couple
• Applicant must be outside Australia
• Couple must have a mutual commitment to a shared life as partners to the exclusion of all other
• Must have a genuine and continuing relationship
• Live together or not apart on a permanent basis
• Must have been in relationship for a period of 12 months prior to lodgment of visa application
• Must be able to show they have a commitment to sharing their life together to the exclusion of all others
• Applicant may apply for the permanent visa if after two (2) years they continue to meet the eligibility requirements of this visa.

Spouse Temporary Visa (subclass 820) and Permanent Visa (subclass 801) Onshore Temporary visa

• This is a temporary visa allows you to enter or remain in Australia on the basis of your married or de-facto relationship with your partner
• Applicant must be in Australia at the time of visa application and approval
• Applicant must have been in a de facto relationship for a period of 12 months prior to lodgment of visa application
• Live together or not apart on a permanent basis
• If you apply for this visa on the basis of your marriage, your marriage must be legal under Australian Law
• Partners must be able to show they have a commitment to sharing their life together to the exclusion of all others
• Applicant may apply for the permanent visa if after two (2) years they continue to meet the eligibility requirements of this visa.

Interdependency Temporary Visa (subclass 826) and Permanent Visa (subclass 814) Onshore Temporary visa

• This visa is limited to same sex couple
• Couple must have a mutual commitment to a shared life as partners to the exclusion of all other
• Must have a genuine and continuing relationship
• Live together or not apart on a permanent basis
• Must have been in relationship for a period of 12 months prior to lodgment of visa application
• Must be able to show they have a commitment to sharing their life together to the exclusion of all others
• Applicant may apply for the permanent visa if after two (2) years they continue to meet the eligibility requirements of this visa.

There are also “capping” rules that can limit the number of prospective marriage and interdependency visas issued. Limits can be placed on the number of parent applicants, as well as on categories such as aged dependent relatives and caregivers.

As you can see, family migration can be a complicated matter, and applicants are sometimes overwhelmed by the process.

That’s where the Family Migration Services of Daniel & Associates can help.

Our Family Migration Services

When you come to Daniel & Associates for help with your family migration visa application, here's what we can do for you:

• assess whether you meet the visa requirements,
• advise you on the Immigration Department fees you will be expected to pay as well as the cost of our services,
• represent you before the Australian Department of Immigration and Citizenship or the Australian Embassy abroad, when required,
• thoroughly prepare you for interviews, when required
• answer your questions during the entire process.

How To Get Started

We have two consulting services to choose from, depending on your goals:

Our Visa Assessment service is designed to answer your questions about Family Migration and advise you on how to file your application in the correct category.

Our Visa/Immigration Plan goes one step further, providing you with a complete Family Migration plan that will show you what to do every step of the way. Along with a timeline, your personalised plan will let you know exactly when various government fees are due so you won’t have to worry about missing an important deadline.

Click here to learn more about both of these options.

Or Contact us and we can help you with personal visa consultation.