Partner Visa

//Partner Visa
Partner Visa 2019-01-30T06:33:40+00:00

Project Description

Family Or Partner Migration

Visa Options

Australian residents, Australian permanent residents and NZ residents can sponsor close family members for permanent residence or migration to Australia.

Partner Visas

Australian citizens and permanent residents can sponsor partners for migration to Australia. To sponsor a partner, you must either be married, in a defacto relationship, have a registered relationship or be engaged.
Approved Within 6 Weeks

I first approached My Visa Guide for advice by email on a de-facto spouse visa, and was impressed by the speed of reply as well as the quality, including a documents checklist. Further queries were also quickly responded to which led to my engaging Acacia to act on my behalf on my arrival in Australia.

My application, which was not without complications, was subsequently approved within 6 weeks of lodging thanks to good information-sharing and excellent follow-up by Acacia’s principal, Mark Webster and his staff. Furthermore, I was able to move onto full Permanent Residency status immediately rather than the 2-year temporary visa, which was an absolute bonus.

I would recommend My Visa Guide’s services to any prospective client, whether applying from overseas or within Australia.

Parent Visas

Parents with at least half their children living permanently in Australia may be eligible for a parent visa which gives them permanent residence in Australia. Parents over a certain age may be eligible to apply for an onshore ‘aged parent’ visa which allows them to remain in Australia on a bridging visa during processing.
Parent Visa enables parents of children who are Australian citizens or permanent residents to be sponsored for permanent residence in Australia.

Parents of Australian citizen or permanent residents may be eligible for long-stay visitor visas for parents, and this may be an option worth considering.

Duration and Conditions

Apart from the contributory parent (temporary) visa, all parent visas are permanent visas.

Criteria

The main criteria are as follows:

  1. The parent must be sponsored by a child who is an Australian citizen or permanent resident. The sponsor must be “settled” – generally the sponsor would need have been lawfully resident in Australia for at least 2 years.
  2. The applicant must pass the “balance of family test”. That is, the number of children who are lawfully and permanently resident in Australia must be:
    • Greater than, or equal to, the total number of children who are resident overseas; or
    • Greater than the greatest number of children who are resident in any single overseas country.

Contributory Parent Categories

The Australian government has introduced “contributory” parent visa categories, which require the payment of a high application fee to cover medical expenses

From 2 June 2014, the lower cost “non-contributory” parent visa subclasses were closed to new applications. It is no longer possible to apply for non-contributory parent visas. The non-contributory subclasses were reopened in October 2014, but it is not clear how long they will be open for.

There are two types of contributory parent visa:

  1. Contributory Parent (Permanent): This is a permanent visa which is generally processed within 18 months. Total cost for the application is over $40,000 per parent
  2. Contributory Parent (Temporary): This is a 2-year temporary visa which is about half the cost of the permanent contributory parent. Applicants would generally look at applying for a permanent contributory parent visa within the 2-year validity of the visa. The total cost of applying is approximately the same as a permanent contributory parent visa, but it is split over two visa applications.

Do I Apply in Australia or Overseas?

In general, parent visas must be applied for outside Australia. However, it is possible to apply for an aged parent visa from within Australia. In order to do so, at least one of the applicants must be aged 65 or over.

If the application is lodged in Australia, the applicants will be able to remain in Australia on bridging visas whilst their applications for parent visas are being processed.

Visitor Visas for Parents

Parents with Australian citizen or permanent resident children may be eligible for longer-stay visitor visas – this can be a low-cost alternative to parent visas.
For many people, a permanent parent visa may be out of reach. The contributory parent visa, which currently takes about 2 years to be approved, costs approximately $45,000 per parent. The non-contributory option is much less expensive but current waiting time is 30 years or more.

A visitor visa may be a fast and inexpensive alternative to bring parents to spend time with family in Australia. Longer validity visitor visas are available for parents of Australian permanent residents and citizens.

This article explains the visitor visa options for parents.

Electronic Travel Authority/eVisitor

These are short-stay visitor visas which can be applied for online. They are relatively inexpensive and approval is quite fast – usually within 24 hours.

They are only available if you hold a passport from certain countries – generally Europe, North America or East Asia.

They would allow multiple entry, but a maximum of 3 months for each stay in general.

Longer Stay Visitor Visas for Parents

If you have Australian permanent resident or citizen children, you may be eligible for a longer stay visitor visa.

These longer stay periods are only possible when applying whilst you are outside Australia.

Parent Visa Applicants

If you have applied for a parent visa and are currently in the queue awaiting grant, you may be eligible for a longer stay visitor visa.

This could be valid for up to 5 years, and would be multiple entry allowing up to 12 months’ stay for each visit.

Parents of Australian Citizen or Permanent Resident Children

If you are not in the parent queue, you can still be considered for a longer stay visitor visa. This would allow you to stay in Australia for up to 12 months on each visit. The duration of the visa will depend on whether you have had a history of travelling to Australia previous and returning within your visa period (compliant travel):

  • 3 Years: history of compliant travel
  • 18 Months: no history of compliant travel

De Facto Residence

Even if you have a long-stay visitor visa, you will need to show that you are spending at most 12 months in each 18 month period in Australia. For instance, if you have just spent 12 months in Australia, you would need to spend at least the next 6 months outside Australia. Otherwise, Immigration may consider you to be taking up “de facto residence” and you may be denied entry to Australia or have your visitor visa cancelled.

Advantages of Visitor Visas

The main advantages over a permanent parent visa are as follows:

  • Lower cost: generally fees for a visitor visa would be $135 versus $45,000 or more per parent for a permanent visa
  • Faster processing time: visitor visas are generally granted within several weeks. Even for the fast-track contributory parent visa, waiting time can be over 2 years

Disadvantages of Visitor Visas

Main disadvantages of a visitor visa versus a parent visa would be:

  • Shorter stay period: a permanent partner visa allows you to stay in Australia indefinitely. The maximum stay period a visitor visa can be granted for is 12 months
  • No work: on a permanent parent visa, you can work full time. Visitor visas have no work rights
  • No Access to Medicate: on a permanent parent visa, you have full access to the Australian health care system. On a visitor visa, you have no access and may need to obtain private health coverage.

Conclusion

Visitor visas can be a good alternative to parent visas, as they are relatively inexpensive and give a fast outcome.

If you obtain a long-stay visitor visa, it can allow your parents to spend a significant amount of time in Australia.

On the other hand, if your parents do wish to live in Australia long time, you can minimise cost and risk by applying for a parent visa sooner rather than later.

If you would like detailed advice on your options, please book a consultation with one of our advisors.

Aged Dependent Relative Visas

Australian permanent residents can sponsor relatives they have been supporting financially for the last 2 years, provided the relative is aged 65 or over.
The Aged Dependent Relative Visa is a permanent visa for older people who are single and financially dependent on an Australian citizen or permanent resident.

Due to the low number of places available in the migration program for this type of visa, waiting times may be very long.

Visa Criteria

Sponsorship by a Relative in Australia

The applicant must be related to an Australian Citizen, Permanent Resident, or an eligible New Zealand Citizen. The following relatives are eligible to sponsor for the Aged Dependent Relative Visa:

  • Parent
  • Children
  • Brothers and Sisters
  • Aunts & uncles
  • Nieces & nephews
  • Grandchildren or grandparents.

This includes half and step-relatives and relatives that have been adopted.

In order to sponsor for an Aged Dependent Relative visa, the sponsor must be over 18 and “settled” in Australia (this generally means having lived here for at least the last 2 years).

Dependency

The applicant must have been financially dependent on the sponsor for approximately three years and remain so. To be financially dependent the applicant must rely on the sponsor for financial support for their basic needs such as food, clothing and shelter.

Marital Status

The applicant must not be married at the time of application. This can be as a result of being widowed, divorced or formally separated.

Age

The main applicant must be at least 65 years of age.

Assurance of Support

An assurance of support is required in all cases.

Duration and Conditions

Results in the grant of a permanent visa with a travel facility valid for 5 years from date of grant.

Do I apply in Australia or Overseas?

You may either be in Australia or overseas when applying for a Aged Dependent Visa.

If you would like to discuss your eligibility for an Aged Dependent Relative visa please book an immigration consultation through our website.

Remaining Relative Visas

Remaining relative visas require you to have all of your close relatives living lawfully and permanently in Australia. You would need to be sponsored by a relative who is a settled permanent resident or citizen.
The Remaining Relative Visa is a permanent visa for people whose entire family is living permanently in Australia have no close relatives outside Australia.

Due to the low number of places available in the migration program for this type of visa, waiting times may be very long.

Duration and Conditions

Results in the grant of a permanent visa with a travel facility valid for 5 years from date of grant.

Visa Criteria

Sponsorship by a Relative in Australia

The applicant must be related to an Autralian Citizen, Permanent Resident, or an eligible New Zealand Citizen. The following relatives are eligible to sponsor for the Remaining Relative Visa:

  • Parent
  • Brothers and Sisters

This includes half and step-relatives and relatives that have been adopted. In order to sponsor for a Remaining Relative visa, the sponsor must be over 18 and “settled” in Australia (this generally means having lived here for at least the last 2 years).

Carer Visas

Carer visas allow Australian citizens and permanent residents with a medical condition or disability to sponsor a relative to live in Australia to take care of them.
The Carer Visa allows Australian permanent residents and citizens with a disability to sponsor relatives to live permanently in Australia to take care of them.

Due to the low number of places available in the migration program for this type of visa, waiting times may be very long.

Visa Criteria

Sponsorship by a Relative in Australia

The applicant must be related to an Australian Citizen, Permanent Resident, or an eligible New Zealand Citizen. The following relatives are eligible to sponsor for the Carer Visa:

  • Parent
  • Children
  • Brothers and Sisters
  • Aunts & uncles
  • Nieces & nephews
  • Grandchildren or grandparents.

This includes half and step-relatives and relatives that have been adopted. The partner of one of the above relatives is also eligible to be the sponsor.

In order to sponsor for an Aged Dependent Relative visa, the sponsor must be over 18 and “settled” in Australia (this generally means having lived here for at least the last 2 years).

Relative Requiring Care

The visa applicant must be sponsored to take care of the Australian relative, or a member of the relative’s family unit. The care must be shown to be necessary for at least the next 2 years.

Before proceeding with the application, the person requiring care must be assessed by an approved doctor as needing care due to a particular medical condition. The relative will need to demonstrate a condition resulting in an impairment of at least 30/100 and as a result requires assistance with daily care.

You must also show that the assistance cannot reasonably be provided by other Australian relatives or by Australian health or community services.

Age

There is no age limitation for this type of visa.

Assurance of Support

An assurance of support is required in all cases.

Duration and Conditions

Results in the grant of a permanent visa with a travel facility valid for 5 years from date of grant.

Do I apply in Australia or Overseas?

You may either be in Australia or overseas when applying for a Carer Visa.

If you would like to discuss your eligibility for a carer visa please book an immigration consultation through our website.

Investor Retirement Visas

This option is for people aged 55 or over looking to retire in Australia. Significant assets and income must be shown, and investment in Australian state or territory bonds is also required.
This visa is for older people with no dependents (other than a spouse) who want to retire in Australia.

Visa Criteria

  1. You must be at least 55 years of age and have no dependents other than a spouse. Your spouse can be under 55 years of age.
  2. You must be sponsored by a State/Territory government in Australia.
  3. If you intend to live in a regional area of Australia, you must have at least:
    • $500,000 assets available for transfer to Australia AND;
    • $50,000 net annual income from investment or pension rights.
  4. If you intend to live in a non-regional area of Australia, you must have at least:
    • $750,000 assets available for transfer to Australia AND;
    • $65,000 net annual income from investment or pension rights.

    You must have held all of the assets for 2 years before applying, unless the assets relate to inheritance, superannuation, or pension rights.

  5. You must invest in State/Territory government bonds:
    • $500,000 if you intend to live in a regional area OR;
    • $750,000 if you intend to live in a non-regional area.
  6. You must meet health, character, public interest and special return criteria.

How do I apply?

You can apply from either outside Australia or in Australia (providing you are in Australia as the holder of a substantive visa).

Visa Conditions

  • This visa allows you to stay temporarily in Australia for 4 years.
  • If you wish to stay longer, you can apply for a further Investor Retirement visa which is valid for another 4 years. You will need to satisfy certain health and financial criteria, and also lodge a further bond.
  • You are not entitled to social security or welfare benefits while in Australia, and you will need to take out adequate health insurance to cover your stay in Australia.
  • You will be entitled to work for up to 20 hours per week on your investor retirement visa.

General Skilled Migration

If you are a skilled worker, then if you have relatives in Australia, they may be able to sponsor you for a general skilled visa. This would make it easier for you to meet the relevant pass mark for the application.

Acacia’s Expertise

It is clearly of the utmost importance that family members can join you in Australia as quickly as possible. My Visa Guide Australia has extensive experience with Family Migration cases and we can assist you with:

  • Selecting the most appropriate visa option for you
  • Lodgement and processing of the visa application on your behalf
  • Complications with meeting the sponsorship or assurance of support requirements

Please book an immigration consultation if you would like advice about sponsoring family members.

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