Spouse Visa (includes Defacto/Living together partners) This visa is for couples who are in a genuine and continuing relationship as a spouse or defatco (living together as common law wife or husband) partners with an Australian citizen, permanent resident or eligible New Zealand Citizen and is applied for in two stages. The first stage is the issue of a temporary visa for a period of two years, then provided the relationship continues to be genuine and continuing and all relevant criteria are met, a permanent visa will be granted. There are some exceptions to the two year temporary visa period, depending on individual circumstances. Defacto couples need to prove they have been in a committed relationship for a minimum of 12 months prior to making an application.
Interdependent visa This visa is commonly used by same sex couples who are partners of an Australian citizen, permanent resident or eligible New Zealand Citizen (special category visa holder) and is very similar to the Spouse Visa (includes Defacto partners) detailed abaove.
Prospective Spouse (Fiancée visa) This visa is for couples who are engaged to be married to an Australian citizen, permanent resident or eligible New Zealand Citizen and who are outside Australia (offshore). They must marry within 9 months of arriving in Australia and then apply for a spouse visa on shore.
Parent and Contributory Parent Visas The Australian migration program permits families who are settled and resident or who are Australian Citizens, or eligible New Zealand Citizens to sponsor their parents or grandparents to join them in Australia. The visas most commonly used for this purpose are the Parent and the Contributory Parent visas.
As the name suggests contributory parents and their sponsors contribute to the Australian economy, mainly towards their potential health and welfare costs by contributing funds to assist with costs which may occur during a 10 year period, at the end of which, any contribution not used will be refunded. The processing time is significantly faster than the parent visa stream, which has far lesser financial contributions, but the numbers of visas allocated each year are severely capped, resulting in a queue and processing time of 10+ years.
You will be required to meet the balance of family test, this means at least half of your children must live in Australia or more children are settled and living in Australia than in any other country. There are some exceptions which may apply to you depending on your individual circumstances.
For some of these visas in these category it is a requirement that the visa be applied for in Australia (onshore) or outside Australia (off-shore) this will depend on your individual circumstances:
Parent & Aged Parent visas:This type of visa requires a sponsor or an assurer to deposit an Assurance of Support in relation to the applicant(s) for a nominated period set by the government to cover all Commonwealth expenses which may occur in relation to the applicant. Aged parents are defined as those persons who are eligible to receive a pension (65 years old for men and a floating age range of 60-65 years old for women dependent on date of birth, this is due to the government raising the retirement age for women to become in line with the men).
Contributory Parent & Contributory Aged Parent visas:
With theses visas, the sponsor or assurer must deposit an Assurance of Support in relation to the applicant(s) for a period of 10 years to cover all Commonwealth expenses which may be incurred in relation to the applicant(s). The visa application fees for this category of visas are also significantly higher.
To be eligible to apply for the parent or contributory parent visa you can be of any age and still working or be eligible to receive a pension. An aged parent is a parent old enough to receive the state pension in Australia.
Aged Dependent Relative:This visa is for an elderly single relative (unmarried, divorced, separated or widowed) who is dependent (wholly or substantially) on their Australian relative who is an Australian citizen, permanent resident or eligible New Zealand Citizen. Applicants may be onshore or off shore.
Last Remaining Relative:To qualify for this visa the applicant must have no other overseas relatives or near relatives (parent, brother, sister, non dependent child, (includes step relatives) other than their Australian sponsor. There are very few exceptions depending on individual circumstances. Applicants may be onshore or off shore.
Carer Visa: This visa allows for a family member to care for their Australian relative (Australian citizen, permanent resident or eligible New Zealand Citizen) if they have a medical condition which requires the sponsor to need assistance with daily practical aspects of life. Applicants may be onshore or off shore.
From the brief overview above you can see migration is not a 'one size fits all' approach it is very personal to you and your family's specific circumstances. It is often, very complex. For more information about any of these categories of visas Contact us and we will be happy to arrange a consultation (phone or face to face at a time to suit you) to discuss your complete and individual circumstances and the most appropriate and valid pathway for you.