The Australian Government allows certain people to migrate to Australia based on their familial relationship with an Australian citizen, Australian permanent resident or eligible New Zealand (ENZ) citizen. Not all ‘relatives’ can migrate to Australia under the family stream, as they must meet specific eligibility criteria.

If you would like to apply for a visa under the Family Stream you must:

 Be sponsored to Australia by an eligible relative;
 Meet all Public Interest Criteria’s subject to your application; and
 Meet health and character requirements.

All family stream visas, except for spouse visas and dependent children visas are capped. Once DIAC has reached the capped amount, no more visas can be issued until the next financial year.

Visas that fall under the Family Stream are:

 Fiancé / Prospective Marriage Visas – for applicants who are engaged to be married to an Australian citizen, Australian Permanent Resident or Eligible New Zealand citizens. This visa allows the applicant to enter Australia and marry his or her fiancé. The applicant and sponsor must be married within 9 months from the date of visa grant. Once married the applicant and sponsor may apply for a Spouse visa. To be granted this visa DIAC must be satisfied that the applicant and sponsor have a genuine intention to marry (within the visa period) and intend to live together as husband and wife.

 Spouse or de facto Visas – for applicants who are married to an Australian citizen, Australian permanent resident or Eligible New Zealand citizen. This visa is a two-stage visa and applicants enter Australia on a temporary basis. If after two years the applicant and sponsor are still in a spousal relationship, DIAC will grant the applicant a Permanent visa. To be granted this visa the applicant and sponsor must satisfy DIAC that:

i. Their marriage is legally recognised in Australia;
ii. The applicant and sponsor have a mutual and exclusive relationship and a shared commitment to their life as husband and wife;
iii. The relationship is genuine and continuing; and
iv. The Applicant and sponsor live together or do not live apart on a permanent basis.

Dependent children of the applicant may also be eligible to travel with the applicant to Australia.

 Child Visas – for applicants who are the biological, adopted or step-child of an Australian citizen, the holder of a permanent visa or Eligible New Zealand citizen. This visa allows the applicant to come to Australia on an indefinite basis. If over 18, the applicant must provide evidence to DIAC that he or she is a dependent child. Unless incapacitated for work, the child must be under the age of 25 when making the application.

 Adoption Visas – for applicants (under the age of 18) who have been or are about to be adopted by an Australian citizen, the holder of a permanent visa or an ENZ citizen.

 Orphaned Relative Visas - for applicants who are under 18 and are a relative of an Australian citizens, Australian permanent residents and Eligible New Zealand citizen. The applicant must also be unmarried and their parents must have either passes away, are permanently incapacitated or of whereabouts unknown.

 Carer Visas – for applicants who would like to enter (or remain) in Australia to care for their Australian citizen, Australian permanent resident or Eligible New Zealand citizen relative. Applicants must provide DIAC with a relevant medical assessment proving that the relative has a medical condition and is in need of care.

 Remaining Relative Visas – for applicants who have no near relatives except for those who are ‘usually resident’ in Australia as Australian citizens, Australian permanent residents or Eligible New Zealand citizens. To be classified as a remaining relative, you must be a sister, brother or adult child of an Australian citizen, Australian permanent resident or Eligible New Zealand citizen who is a near relative and ‘usually resident’ in Australia.

Please note that parents are not classified as remaining relatives. If you would like to sponsor your parent(s) to Australia they may be eligible under the Parent Visas category.

 Aged Dependant Relatives – for applicants who rely on an Australian citizen, Australian Permanent resident or Eligible New Zealand citizen for financial support for basic needs such as food, clothing and shelter. The applicant must be an eligible relative and meet age requirements.

 Parent Visas – There are several different types of Parent Visas. These visas are broken up into 2 categories. These are:

i. Parent Visas – which are allocated a lower amount of visa numbers than contributory parent visas, so these visas are currently taking up to 19 years to process;
ii. Contributory Parent Visas – which are allocated a higher amount of visa numbers so processing times are dramatically reduced. At present, Contributory Parent visas are taking 2-3 years to process. Sponsors must however pay a substantially higher 2nd Visa Application Charge (VAC) and a bond. At the time of writing, the 2nd VAC is $31,555.00 per person and the bond is $10,000.00 per couple plus $4,000.00 if there were additional dependents.

All applicants for a Parent Visa must:

 Be the parent of an Australian citizen, Australian permanent resident or Eligible New Zealand citizen;
 Sponsored by an eligible person;
 Pass the balance of family test;
 Provide suitable Assurance of Support;

Further requirements are:

i. Parent – nil.
ii. Aged Parent - applicants must meet the age requirement.
iii. Contributory Parent (Temporary) - the applicant must make a second instalment of the VAC before the visa can be granted. Unlike the other parent visas, applicants are not granted PR. Once this visa expires, if applicant wishes to remain in Australia he or she may apply for a Contributory Parent (Permanent) visa.
iv. Contributory Parent (Permanent) – the applicant must make a second instalment of the VAC before the visa can be granted.
v. Contributory Aged Parent (Temporary) – the applicant must meet the age requirements and make a second instalment of the VAC before the visa can be granted. Unlike other parent visas, applicants are not granted PR. Once this visa expires, if he applicant wishes to remain in Australia he or she may apply for a Contributory Aged Parent (Permanent) visa. To make a valid visa application, applicants must be in Australia.
vi. Contributory Aged Parent (Permanent) – the applicant must meet the age requirements and make a second instalment of the VAC before the visa can be granted. To make a valid visa application, applicants must be in Australia.