Our Visa Services
Why choose us?
We are not merely migration agents but a law firm comprised with LAWYERS for immigration. Our Principal Lawyer, James Bae, represented the Australian Governments as a legal adviser, and has the insightful understanding of accounting and business.
Some matters require diverse expertise. For example, judicial reviews require barristers and counsels whereas business and investment visas require accountants and business brokers. In certain cases of protection visas, we may need journalists to shed light for coverage. We have the networks to accomplish the results that you deserve.
However experienced, knowledgeable or passionate, everyone is prone to human errors. At Visa Plan, we completely eliminate these errors by having two migration lawyers attending to each visa application at all times. We are the only immigration agency in Melbourne and perhaps Australia to implement and enforce this system.
We never stop learning and developing our professional capability. We acknowledge that Australian immigration law constantly changes and that it is the professional responsibility of every registered migration agent to be aware. We not only actively participate in seminars, but we create learning materials for other migration agencies to learn.
We provide you at first with an estimate of our professional fee and disbursements before formal engagement as your immigration lawyer. We do not ask for an additional amount and continue until we deliver the visa advice and service to your satisfaction.
Industry Leaders in Client Service
Simply look online for Google reviews on our firm. All legitimate clients, who have received our service and advice with their visa, highly recommend our registered migration agents and lawyers. This is the objective evidence that shows we are leading the Australian visa service industry.
Australian Immigration Services
Specialising in all types of visas and citizenship matters
An Australian citizen, permanent resident or an eligible New Zealand citizen has the option to sponsor their family members, including parents, children, partners and other family members, for Australian permanent residency. Subject to limited special circumstances, the sponsor for a relative visa must be at least 18 years of age.
Eligible New Zealand Citizens
It is important to note that not every New Zealand national living in Australia will be an fall in within the definition of an eligible New Zealand citizen. An eligible New Zealand citizen means individuals who arrived in Australia on New Zealand passports 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.
Relevant Family Members
Not everyone with family ties to a person holding a passport of Australia can be sponsored through the relative relationships for an Australian family visas. Different visas in this realm proscribe different kinds of relationships, meaning visa options will vary widely on how the visa applicant is related to their sponsor. The prima facie criteria for the relationship in the immigration law is only satisfied as one of the following:
Child or Stepchild
If your child is currently in Australia:
- Subclass 802: Child – Permanent Residency
If your child is currently outside Australia:
- Subclass 101: Child – Permanent Residency
Depending on the circumstances of the adoption, a range of visas may be available.
For children currently in Australia:
- Subclass 837: Orphan Relative – Permanent Residency
For children currently outside Australia:
You must be noted that international adoption is further subject to complex domestic regulations and international law. The country from which the child applicant is adopted may serve to further modify the applicable procedure or the viability of effecting an adoption generally.
An Australian citizen, Australian permanent resident or an eligible New Zealand citizen may sponsor a parent for an Australian parent visa. A permanent resident parent visa will often attract significant fees but are in many cases the only applicable Australian permanent resident relative visa option for an older parent. It should be noted that an “aged parent” sponsored visa subclass is restricted to the retirement age that changes constantly.
The following subclasses of parent visa is available irrespective of age:
- Subclass 870: Sponsored Parent (Temporary) – Temporary Residency
- Subclass 103: Parent – Permanent Residency
- Subclass 143: Contributory Parent – Permanent Residency
- Subclass 173: Contributory Parent (Temporary) – Temporary Residency
The following subcasses of parent visa are restricted to applicants above the Australian retirement age:
- Subclass 804: Aged Parent – Permanent Residency
- Subclass 864: Contributory Aged Parent – Permanent Residency
- Subclass 884: Contributory Aged Parent (Temporary) – Temporary Residency
Balance of Family Test
With the exception of Subclass 870, the primary applicant of the above subclass must satisfy what is termed the “balance of family test.” This test is an evaluation of the number of children the applicant has and the countries in which each resides.
To satisfy this test, at least half of the applicant’s children must be permanently settled in Australia, or more children must be settled in Australia than in any other country. If the applicant has more children in another country than in Australia, permanent residency is not feasible through these means.
Fiancé or Fiancée
If you intend to marry in the immediate future, visa options include:
- Subclass 300: Prospective Marriage – Temporary Residency
The above subclass is a temporary visa and necessitates formal marriage within 9 months of your fiancé or fianceé’s arrival in Australia. As such, it is imperative that both parties possess a genuine intention to marry one another prior to proceeding with their application. After marriage, applicants then must proceed with a Subclass 820 spousal visa.
Spouse or De facto Partner
Relationship visas operate under a two stage process. Applicants must first apply for a provisional visa before transitioning to the final permanent visa. The appropriate visa subclass is dependent on where your partner is located at the time he or she lodges their provisional partner visa application.
Where they are in Australia:
Where they are outside Australia:
- Subclass 309: Partner (Provisional) – Temporary Residency
- Subclass 100: Partner – Permanent Residency
Relationship visas attract significant fees. Furthermore, the evidentiary threshold to which they are subject is often significantly higher than most applicants realize. If you are looking to sponsor your spouse or de facto, it is important that you understand your rights and obligations as a sponsor. You should also note that Australian citizens and permanent residents are generally permitted to sponsor no more than two (2) applicants in their lifetime.
In rare instances, you may be able to sponsor other more distant relatives for permanent residency in Australia. These applications are based not only on the degree of relation but also a range of other criteria. Such a relative visa may include:
- Subclasses 838 and 114: Aged Dependent Relative – Permanent Residency
- Subclasses 835 and 115: Remaining Relative – Permanent Residency
- Subclasses 116 and 836: Carer – Permanent Residency
- Subclass 600: Visitor (Family Sponsored Stream) – Temporary Residency
Whilst the above ascribes a wide range of additional prerequisites, a “relative” will in all cases generally include:
- Close relatives, such as a spouse, de facto, children, parents, sibling, step-child, step-siblings.
- Grandparents, grandchildren, aunts, uncles, nieces or nephews, or step‑grandparents, step‑grandchildren, step‑aunts, step‑uncles, step‑nieces or step‑nephews.
Partner of a New Zealand Citizen
If you are a New Zealand national, living in Australia and who is not an eligible New Zealand citizen, you may still be eligible to sponsor persons on a renewable temporary relative visa. This option is restricted to the sponsoring of members of your family unit. The relevant visa subclass includes:
- Subclass 461: NZ Citizen Family Relationship – Temporary Residency
Definition of my Family Unit
A person is a member of an your “family unit” if:
- He or she is your spouse or de facto partner;
- He or she is your child or step-child;
- He or she is your spouse’ child or step-child; or
- He or she is your dependent child of yours, your spouse or de facto partner. The child is dependent if he or she has:
- He or she has not yet turned 18 years of age; or
- He or she has turned 18 but has not turned 23 and is still dependent on you; or
- He or she has turned 23 but is still dependent on you due to his or her mental or physical incapacitation.
Family Units of Temporary Visa Holders
If you are a temporary visa holder in Australia, you cannot sponsor a relative for permanent residency. Nevertheless, you may add members of your family unit to your current temporary visa on certain conditions. For example, whilst 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 and Student visas,allow you to subsequently add members of your family unit even after your visa has been granted.
Additionally, If you are the parent of an underage student who is looking to undertake schooling in Australia, you may be permitted to accompany your child via a Subclass 590: Student Guardian visa. This is a specific parent visa option for the guardians of minors studying in Australia.
Family Units of an Applicant for Permanent Residency
If you are not an Australian citizen, members of your family unit can still usually be added to your application for permanent residency in Australia. It is important that these members satisfy the secondary criteria as having an ineligible applicant in the visa application may be a ground for refusal of your while application.
If you are concerned about having a relative added to your permanent residency application, we strongly advise that you seek professional advice from one of our migration agents and not risk your chances of becoming an Australian permanent resident.
Family Units of a Subclass 820 or 309 Visa Holder
Holders of Subclass 820 or 309 partner visas may not have included their children in their application for various reasons. Regardless of the reasons, once you are granted a 820 or 309 partner visa, you may still have your partner to sponsor your children on the Subclass 445: Dependent Child visa, which must be applied prior to the permanent Subclass 801 or 100 visa being granted.
Skilled Regional Visas
Whilst not generally considered a relative visa, the Subclass 491 Skilled Work Regional (Provisional) allows for an Australian permanent resident pathway where applicants are sponsored by an eligible family member. Much like the now discontinued 489 visa, if the prospective applicant is a skilled migrant and you live in regional Australia, it may be possible to explore subclass 491 sponsorship. This sponsored visa option is subject to a wide array of additional requirements and is best discussed with an immigration lawyer.