Australia’s family visa program exists so that people can live here with the people closest to them. In practice it covers four quite different situations, and the visa that applies to you depends less on how you describe your family and more on the exact relationship, where you are when you apply, and who is able to sponsor you.
This page sets out the four groups and what separates them. Each one has its own page with the detail.
For a spouse, a de facto partner, or a fiance of an Australian citizen, permanent resident or eligible New Zealand citizen. Which subclass you apply for turns on whether you are inside or outside Australia at the time you lodge, and whether you are married or intending to marry.
Partner applications are decided on the strength of the evidence about the relationship itself, and they are usually the most evidence heavy applications in the family program.
For the parents of an Australian citizen, permanent resident or eligible New Zealand citizen. There are contributory options and non-contributory options, temporary and permanent, and the difference between them is substantial in both cost and waiting time.
Most parent visas have a balance of family requirement, which looks at how many of your children live in Australia compared with elsewhere. That single test decides eligibility for a lot of families before anything else is considered.
For a dependent child, an adopted child, or a child born overseas to a parent who already holds a permanent visa. Age, dependency and who holds parental responsibility all matter, and the right subclass changes depending on where the child is.
For the relatives who do not fit the categories above. This group covers carers, remaining relatives, aged dependent relatives and orphan relatives. Each has a narrow definition, and the eligibility tests are strict.
These are the visas where people most often assume they do not qualify when they do, or assume they qualify when they do not.
Four questions usually settle it.
What is the relationship, precisely? The Migration Act uses narrow definitions. A relationship that is obvious in everyday language may still need to be established in the specific terms the legislation uses.
Where is the applicant right now? Onshore and offshore applications are different visas with different conditions, not the same visa lodged from a different place.
Who can sponsor? Sponsorship carries obligations, and not everyone who wants to sponsor is eligible to.
Is anyone else dependent on the outcome? Children and other family members can often be included in one application, and it is often far harder to add them later.
Most refusals in this program come down to a small number of recurring problems.
Not understanding the application prerequisites for the specific visa involved. This alone is behind a good number of refusals that were both early and entirely avoidable.
Health and character issues that surface late. These are usually manageable when they are identified early and dealt with directly.
Changes in circumstances during processing. Family visas can take a long time to decide, and a change in the relationship, the sponsor’s situation or the applicant’s location can affect the application.
We handle family applications from the first conversation through to the decision. That means working out which visa actually fits, building the evidence properly rather than in a rush at the end, and dealing with the department on your behalf.
If an application has already been refused, we can look at the review options and what is realistically available.
We cannot promise an outcome, and no one honestly can. What we can do is make sure the application put in front of a decision maker is the strongest version of your case.
Call 1300 368 933 to talk through your situation with an immigration lawyer.
