Enquiry Form

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Melbourne, VIC, Australia

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Jung-Gu, Daegu, South Korea​​

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James Bae - Solicitor

Andrew Topalovic - Solicitor

Fernando Seo - Lawyer Consultant, Korea

Jang Eun Lee - Lawyer Consultant, Korea

Family Visas

Australian citizens, permanent residents and certain New Zealand citizens have the option to sponsor their family members for permanent residency. If you have close relatives overseas, it may be possible for you to reunite with them in Australia but on certain criteria.

 

I am a Citizen, Permanent Resident or Eligible New Zealand Citizen

What is an Eligible New Zealand Citizen?

Eligible New Zealand citizens are those who arrived in Australia on a New Zealand passport and were:

  • In Australia on 26 February 2001;

  • In Australia for at least 12 months in the 2 years immediately before 26 February 2001; or

  • Assessed as a protected Special Category Visa holder before 26 February 2004.

Who Can I Sponsor?

Not everyone with family relations can be sponsored for Australian visas. For the purposes of family visas, the following may only be sponsored based on their relationship to you:

  • Children and Step-children

    • If your child is currently in Australia: Subclass 802

    • If your child is currently outside Australia: Subclass 101

 

  • Adoptive children

    • If you adopt your child after you become a permanent resident: Subclass 101

    • If you adopt an orphaned relative who is currently inside Australia: Subclass 837

    • If you adopt an orphaned relative who is currently outside Australia: Subclass 117

 

  • Your parents

    • If your parents are above the Australian retirement age: Subclasses 804, 884, 864 or 870.

    • If your parents are below the Australian retirement age: Subclasses 114, 103, 143, 173 or 870.

 

  • Your fiancé or fiancée

    • If you intend to marry in the immediate future: Subclass 300

 

  • Your spouse or de facto partner

    • If your partner is in Australia: Subclass 820

    • If your partner is outside Australia: Subclass 309

My Relative is not in the Above List, Are there Other Options?

In rare instances, you may be able to sponsor other more distant relatives for permanent residency. These applications are based on more than just your relationship with them and require applicants to satisfy a range of different criteria. 

These visas include:

  • Aged Dependent Relative Visas: Subclasses 838 and 114

  • Remaining Relative Visas: Subclasses 835 and 115

  • Skilled Work Regional Visas: Subclass 491 - Family sponsored stream

Temporary options for more distant relatives include:

  • Carer Visa: Subclass 116

  • Visitor Visa (Family Sponsored Stream): Subclass 600

 

Who are the Members of my Family Unit?

A person is a member of your “family unit” if:

  • They are your spouse or de facto partner;

  • They are your child or stepchild;

  • They are your spouse’ child or stepchild; or

  • Dependent children of your or your spouse or de facto partner’s children.

  • Have not turned 18 years of age; or

  • Have turned 18 but have not turned 23, and is dependent on you; or

  • Has turned 23 but is dependent on you due to mental or physical incapacitation.

 

I am a New Zealand Citizen but not an Eligible New Zealand Citizen

If you are a New Zealand citizen who arrived in Australia after 26 February 2001 you can sponsor members of your family unit under the Subclass 461 visa. This is a temporary visa of 5 years in duration; however, your partner may freely renew it. 

 

I am a Temporary Visa Holder

If you are a temporary visa holder, you cannot sponsor a relative for permanent residency. You can, however, add members of your family unit to your current temporary visa, depending on the circumstances.

Some visas only allow you to include members of your family unit at the time of applying for your visa. Others, such as Temporary Graduate or Student visas, may allow you to add members of your family unit even after your visa has been granted.

If you want to add a member of your family unit to your visa application, obtain independent legal advice. This is especially important as if your application includes a family member who is not eligible, your visa may also be refused on those grounds. 

 

I am applying for Permanent Residency

Members of your family unit can usually be added to your permanent residency application. It is important that each relative added to your application satisfies the secondary criteria for the visa grant. 

In some cases, adding a dependent applicant who is ineligible will cause your permanent residency application to be refused. If you are concerned about adding a relative to your permanent residency application, please contact a migration law practitioner for advice. 

 

I am the Holder of a Provisional Subclass 820 or 309 Partner Visa

In some cases, applicants for Subclass 820 or 309 partner visas do not include their children in their application. Reasons may vary, but commonly it occurs where the child does not plan to immigrate to Australia or where the applicant believes adding children will hurt their application. 

Regardless of the reason, once you are granted your 820 or 309 partner visa, you may still have your partner sponsor your child on the Subclass 445 Dependent Child visa. This must be done before your permanent Subclass 801 or 100 visa is granted.