Family and Partner Visas

Family Sponsored Visa

Australian immigration department in an effort to bring family members together have introduced family visa in Australia. This entitles partners, parents, children and other family members to migrate to this country subject to certain pre-conditions. These visas are essentially sponsored by Australian citizens, permanent residents of this country, and eligible New Zealand citizens.

Partner Category Visa

Under this class a spouse or fiance/ fiancee is allowed to immigrate to Australia for settlement. Candidates migrating to this country with this visa are initially allowed temporary settlements followed by permanent residency after a couple of years. Partner category includes:

• Spouses or married partners;
• Fiancee or fiance, or partner intending marriage;
• Willing partners including those of same sex

Immigrating candidates must have a partner in form of:

• a permanent resident of Australia
• a citizen of Australia; and iii) Eligible New Zealand citizen.

Parent Visa

Parent Visa is offered to applicants who have eligible child/ children stay in this country as an Australian citizen, a permanent resident, or an eligible citizen of New Zealand. This category of family visa immigration in Australia is mandatorily sponsored by children residing in this nation.

Parent Australian visas are issued for both working and aged kinds. Applicants immigrating to this visa option might take up employment in Australia. Few Parent visas initially are offered for temporary settlement which could be changed to a permanent type subject to your application. There is an option for ‘Contributory Parent Visa’ which assures faster processing of immigration though at a higher cost.

It may be noted that every year a limited number of Parent Visas are issued by Australian immigration authorities. For this reason, there is a queue of application and you may have to wait for your turn.

Child Visa

Alike Parent Visa, a Child Visa is also issued under several sub-classes. In general, the sponsorship of a child visa is necessary to be done by a parent who is permanently settled in Australia, a citizen of this country, or a qualified New Zealand citizen.

In case the child concerned is in Australia then he/ she could immigrate as a permanent resident, dependent child, or orphaned relative. In the event, the concerned child is an offshore candidate then dependent child visa, adoption visa, or orphaned relative visa may be obtained.

Other Family Members

Brothers, sisters, dependent relatives, carers may also immigrate to Australia initially on temporary visa later changeable to permanent type. These family visas in Australia are sponsored by: i) Australian citizens; ii) a permanent resident of this country; and iii) Eligible New Zealand citizens.

We at NewStars Education and Migration Group are extremely cautious in assessing family visa immigration to Australia. Each application is meticulously checked and thereafter submitted with proper documentation. Health conformity reports and character certificates are essential documents needed for Australia visa applications.

Australia Partner Visa

As the name suggests, Partner Visa is a visa for married partners (i.e. opposite-sex spouses)
and de facto partners (including those in a same-sex relationship) of Australian
citizens, Australian permanent residents and eligible New Zealand citizens to enter
and remain permanently in Australia. We at NewStars Education and Migration Group take care of procuring this visa for you through a thorough assessment, consultation, and accurate visa application process.

Although there are three major subclasses for a partner visa, this visa is broadly
divided into two categories: Prospective Marriage visa and Partner visa. The type of visa for which you should apply depends on the type of relationship you are in.

Following are the types of relationship and the visas that correspond to them:

• Intended marriage (fiance(e)): Prospective Marriage visa
• Married (de jure) relationship: Partner visa
• De facto partner relationship: (including a same-sex relationship): Partner visa

Subclass Partner Visa

The subclasses are of two types: temporary and permanent. In the beginning, partners
who meet the legal criteria for the grant of the visa are granted a temporary visa.
Later, a permanent visa may be granted following an eligibility period or, if there is a long-standing relationship or children of the relationship, soon after grant of the temporary visa.

Partner category migration also allows for the temporary entry to Australia of fiance(e)s
(intended spouses) of Australian citizens, permanent residents and eligible New
Zealand citizens.

However, as the partner or fiance(e) of an Australian citizen, Australian permanent
resident or eligible New Zealand citizen, you are not automatically eligible for permanent residence in Australia. If you wish to reside permanently in Australia you must first apply for a permanent visa and be assessed against the legal criteria for the grant of that visa.

Let us have a cursory look at the partner subclass visas based on your location at
the time of application:

• If you are in Australia, you are eligible to apply for Partner Temporary
  Visa (Subclass 820) and Permanent visa (subclass 801). You can apply for this
  visa to stay in Australia with your partner, who must be an Australian citizen,
  Australian permanent resident or eligible New Zealand citizen. If the relationship is genuine and still on even after the two years of the application of this visa,
  you can be granted a permanent visa.
• If you are outside Australia: Partner Temporary Visa (Subclass 309) and Permanent
  Visa (Subclass 100): You can apply for this visa to enter and stay in Australia
  with your partner, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. A continuous and genuine relationship for two years
  after the application of this visa, can grant you a permanent visa.

Prospective Marriage Visa (Subclass 300)

This is for those who want to enter Australia before marriage. In order to apply
for this visa, your fiance must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Once married, holders of this visa can then apply for a Partner visa to remain permanently in Australia.

General Terms and Conditions

Following are some general requirements to be eligible for applying this visa:

• You must be sponsored by a person (being your fiance(e), partner, or in some circumstances,
  a parent or guardian of your partner) who is an Australian citizen, Australian permanent
  resident or eligible New Zealand citizen and who can satisfy the legal requirements
  for being a sponsor.
• You must also meet health and character criteria
• If you have dependent children or other dependent family members, they may make
  combined applications with your application provided that they meet certain requirements

Expansion of partner visa eligibility in Australia

Partner visa is also applicable to those whose visa has been refused or cancelled
since their last visit to Australia. This refusal or cancellation falls under section 48 of the Migration Act 1958 (Act). And hence, when you are in Australia,
you cannot apply for any visa except for certain prescribed visa classes, such as a Protection visa or a Bridging visa.

However, from 14 September 2009 you may be eligible to apply for a Partner visa in
Australia if you meet certain criteria. Those four requirements are:

• You must not have had a partner visa refused since you last entered Australia
• You must not have had a visa refused or canceled on character grounds under section
  501 of the Act
• You must provide with your application a form 40SP Sponsorship for a partner
  to migrate to Australia completed and signed by an Australian citizen, Australian
  permanent resident or eligible New Zealand citizen who declares that they are your
  spouse or de facto partner
• You must provide with your application two statutory declarations from Australian
  citizens, Australian permanent residents or eligible New Zealand citizens (other than your partner) supporting the existence of your relationship with your partner.
  These declarations must be made not more than six weeks before the day the Partner visa application was made.

These are some of the basic requirements to just lodge an application. Along with
these, there are many others and your application under this provision will be assessed against the legislative requirements in the same way as all Partner visa applicants who apply in Australia.

NewStars Education and Migration Group is a seasoned Australian immigration agent. Our trained and professional
staff knows how to handle each application thoroughly and meticulously.

Get in touch with us for all types of partner visa to Australia and see for yourself
what we can do for you!