visa class: Family Visa

The visa can be applied under any one of the following streams:

Government Agreement Stream: This stream allows a temporary visit to Australia under a bilateral agreement between Commonwealth or state/territory government and the government of a foreign country. The applicant can be in or outside of Australia at the time of lodging a visa and when the visa is granted.

Foreign Government Agency Stream: This stream allows the representatives of a foreign government to live in Australia temporarily but without having an official status in Australia by the Department of Foreign Affairs and Trade (DFAT).

This stream also covers the people who are employed as a foreign language teacher by the foreign government in an Australian school.

Domestic Worker Stream: This stream allows people to provide domestic help to the holders of Diplomatic (Temporary) visa (subclass 995). The applicant must be outside of Australia at the time of lodging a visa under the domestic worker stream and when the visa is granted.

The Domestic 995 visa holders must:

• Be accredited as a diplomat or consular officer in Australia
• Not be living in Australia as a permanent resident
• Have formal support from the Department of Foreign Affairs and Trade (DFAT), before the worker applies for the visa
• Only employ worker for the domestic duties in the private household
• Have an employment contract signed, which is prepared in accordance with Australian workplace conditions and applicable state and territory legislation
• Inform the Department of Foreign Affairs and Trade when the domestic worker arrives and leave Australia

Privileges and Immunities Stream: People having the privileges and immunities under the International Organisation (Privileges and Immunities) Act or the Overseas Missions (Missions (Privileges and Immunities) Act 1995 can apply for the 403 visa under this stream to undertake any work or activity in Australia. The applicant can be in or outside of Australia at the time of lodging a visa and when the visa is granted.

Seasonal Worker Program Stream: This stream allows people to work as a seasonal labourer for designated industries in Australia. However, it is limited to selected countries only and the applicant must be invited by an approved Temporary Activity sponsor of Australia to be a part of this program. The applicant must also be outside of Australia at the lodging a visa and when the visa is granted.

The sponsors of seasonal worker program stream must:

• Be an approved employer of Australian organisation or government agency operating lawfully in Australia for the horticulture, aquaculture, tourism, sugarcane or cotton industries
• Not have any unfavourable information known about the organisation unless it is reasonable for the Immigration Department to disregard
• Have a satisfactory record of complying with the Australian laws, if formerly sponsored any overseas workers to Australia

Sponsors who got the approval to sponsor a Temporary Work (International Relations) 403 visa applicant under the Seasonal Worker Program stream before 19 November 2016 must use this approval before 18 May 2017 or till the time sponsorship is valid.

Those who applied for approval to sponsor before 19 November 2016 and didn’t get the approval yet will be assessed under the pre-19 November 2016 legislation but the sponsorship would only be valid till 18 May 2017.

From 19 th May 2017, all the sponsors are required to get approval again for being a Temporary Activities Sponsor to sponsor a Subclass 403 visa applicant.

Benefits Of The Temporary Work Visa

Being a 403 visa holder, one can:

• Enter Australia temporarily and complete the work or activity specified in the application
• Leave and re-enter Australia frequently till the time visa is valid

Eligibility Criteria

To be eligible for this visa, the applicants must:

• Have a genuine purpose to stay in Australia temporarily
• Have sufficient financial backup and health insurance plan to support themselves and accompanying family members for the duration of stay in Australia
• Meet health and character requirements
• Meet the criteria of the stream under which they applied
• Hold a valid temporary substantive visa if applied for the visa in Australia (except Transit visa (subclass 771), a special purpose visa and Temporary Work (international Relations) visa (subclass 403) in the Domestic Worker (Diplomatic or Consular) stream)

Eligible Family Members to Bring in Australia

Following family members are eligible to include in the visa application:

• Partner (Married or de facto)
• Dependent children (if they meet the requirements)

However, the applicant can only bring their family members in Australia if:

• their agreement permits their family members
• the signatories give approval for their stay in Australia
• they comply with all the terms and conditions listed in the agreement

Health Requirements

The applicants and the accompanying family members must have the medical examinations done within 12 months of applying for the visa (be it onshore or offshore).

Those applying outside of Australia must have their medical examinations conducted by a member of the Australian Panel doctor.

Character Requirements

The applicant and the family members must obtain a police clearance from each country they lived in for more than 12 months in the past 10 years, after they turned 16 years of age.

Evidence of Financial support

The applicants must have evidence to prove their financial background. This includes:

• Bank statements
• Employment contracts
• A letter from the financial institution
• Documents of allowances, accommodation and stipends from the sponsor

Health Insurance

The applicants and the accompanying family members must be covered by the Australia’s national health scheme (Medicare) unless their home country has a reciprocal health care agreement with Australia.

Debts to the Australian Government

The applicant must be free from any outstanding debts to the Australian government before the visa is granted.

Health and Character Requirements

You and all the members of the family unit in the visa application must have:

• Medical examinations done within 12 months of applying for this visa to meet the health requirements
• Police certificates from each country you lived in for 12 months or more in the past ten years

Australian Values Statement

You and all the dependent family members must have signed an Australian Values Statement to assure that you’ll respect the Australian lifestyle and obey Australian laws.

Debts to the Australian Government

You must have no outstanding debts to the Australian government before the visa can be granted.

For subclass 116, the applicants must be outside of Australia while lodging an application and when visa is granted. This is also applicable to all the family members included as dependents in the visa application.

For subclass 836, the applicants must be in Australia while lodging an application and when the visa is granted. This is also applicable to all the family members included as dependents in the visa application.

You must only apply for this visa if your relative is unable to get the care or support they need from any other relative or from hospital, welfare, nursing community services in Australia.

Benefits Of The Carer Visa

Being a carer visa holder (116 or 836), you can:

• Live in Australia as a permanent resident for indefinite period
• Apply for Australian citizenship (if eligible)
• Leave and revisit Australia frequently for five years from the date of visa grant

Eligibility Criteria

For Visa Applicants

• You must live in Australia to provide care for a relative with long term medical condition or assist relative who needs practical support to provide care to their family member with a medical condition
• Your relative is not able to get the care they need from any other relative or from nursing, hospital, welfare community in Australia
• You must genuinely be willing and efficient enough to take care or assist your relative in Australia
• You and all the dependent family members in the visa application must meet health and character requirements
• You must be sponsored by the relative (who requires care and assistance) or their partner
• If you are applying for this visa to assist your relative for taking care of the family member, that relative and the family member who needs care must be living in the same house.

For Relatives

• You must be a usually resident in Australia
• You must be either partner, child, brother, sister, parent, grandparent, grandchild, aunt, uncle, niece or nephew (or step-equivalent) of the visa applicant
• You must be either an Australian citizen, Australian permanent resident or eligible NewZealand citizen (whether you need care or assistance for your family member

For Sponsors

• You must be at least 18 years old or more
• You must be settled in Australia as an Australian citizen, Australian permanent resident or an eligible New Zealand citizen
• You must be the relative of the applicant who needs care (for themselves or a family member) or the spouse or de facto partner who is living in the same house with relative in Australia

How to be a sponsor on Carer Visa?

To sponsor someone on carer visa, you must:

• Complete Form 40 Sponsorship for migration to Australia
• Submit the completed form to the applicant so they can lodge it with their visa application

Sponsorship Obligations

Once your relative is granted this visa, you must help him/her and the accompanying family members by providing necessary:

• Support
• Accommodation
• Assistance

Criteria for Medical Condition

The medical condition of the relative who needs care (for themselves or a family member) must meet the following criteria:

• The medical condition is long term or permanent
• The care or assistance for the relative is required for at least 2 years
• The medical condition has been assessed Bupa Medical Visa Services

Family Members in the Visa Application

You can include following members in the visa application

• Your partner
• Your or your partner’s child or step child

Health and Character Requirements

The applicant and all the accompanying family members must have:

• Medical examinations done within 12 months of lodging a visa application to meet health requirements
• Police certificates from each country you lived in for 12 months or more in the past ten years (after you turned 16) to meet character requirements

Signs the Australian Values Statement

You must sign an Australian Values Statement (if you are more than 18 years of age) to assure that you will respect the Australian lifestyle and obey all the laws and regulations.

Debts to the Australian Government

You must have no outstanding debts to the Australian Government before the visa is granted

DISCLAIMER: The information provided here is only for general understanding and does not constitute legal advice. We recommend consult our Registered Migration agent to get better idea like how to arrange an assessment with Bupa Medical Visa Services or completing the application forms.

Benefits Of The Aged Dependent Relative Visa

Being an aged dependent relative visa holder (subclass 114 and 838), you can:

• Stay in Australia for indefinite period
• Apply for Australian citizenship (if eligible)
• Leave and revisit Australia for five years from the date your visa is granted

Eligibility Criteria

For Visa Applicants

• You must be sponsored by a relative or their partner living in Australia
• You must not have a spouse or de facto partner
• You must meet the dependency and age requirements
• You must have assurance of support from someone
• You must meet health and character requirements

For Sponsors

• You must be at least 18 years of age or more
• You must be settled in Australia as an Australian citizen, Australian permanent resident or eligible New Zealand citizen
• You must be usually resident in Australia

Sponsorship Obligations

Being a sponsor, when your relative and the accompanying family members arrive in Australia on this visa, you must take responsibility of their:

• Accommodation
• Financial assistance

If you have also been responsible for assurance of support, you must support your relative and their family for two years by:

• Providing financial support so they don’t have to rely on any government forms of income support
• Repaying the Australian Government for any social security payments
• Paying a refundable bond before the visa is granted

Dependency Requirements

Being an aged dependent relative, you must have a proof that demonstrate your dependency on your relative in Australia for basic needs like food, shelter and clothing or the proof of your disability that prevents you from working. You must demonstrate that you have been receiving this support for at least 3 years before the application is lodged.

Age

You must be old enough to get eligible for an aged pension under the Social Security Act 1991.

Family Members in the Visa Application

You can include your child/step child in your visa application.

Health and Character Requirements

You and all the members of the family unit in the visa application must have:

• Medical examinations done within 12 months of applying for a visa to meet the health requirements
• Police certificates from each country you lived in for 12 months or more in the past ten years

Australian Values Statement

You and all the dependent family members must have signed an Australian Values Statement to assure that you’ll respect the Australian lifestyle and obey Australian laws.

Debts to the Australian Government

You must have no outstanding debts to the Australian government before the visa can be granted.

DISCLAIMER: The information provided here is only for general understanding and does not constitute legal advice. We recommend consult a Registered Migration agent for further information or check with Department of Home Affairs at https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/aged-dependent-relative-114 and https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/aged-dependent-relative-838 content-3.

Benefits Of The Adoption Visa

An adoption visa allows to:

• Live, study and work in Australia for indefinite period
• Get health coverage through Medicare (Australia’s scheme for health related care and expenses)
• Apply for Australian citizenship (if eligible)
• Sponsor eligible relatives for permanent residence
• Leave and revisit Australia for five years from the date visa is granted

Eligibility Criteria for Adoptive Parents

• You must be 18 years old or more
• You must be child’s adoptive or prospective adoptive parent
• You must be either an Australian citizen, holder of permanent resident visa or an eligible New Zealand citizen
• You must have adopted or followed the process of adopting a child with the involvement of an Australian state or territory adoption
• You must have adopted the child under the laws of your country (except Australia) and been

If you are adopting a child while living in Australia, the approval will only be given if your country has signed:

• The Hague Adoption Convention agreement
• A Bilateral agreement with Australia

Visit: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/adoption-102 to know more about the Hague Adoption Convention and a bilateral agreement.

If you adopted a child when you were outside Australia

Eligibility Criteria for Applicants

An adoptive parent should only lodge an application for this visa if the child:

• is under 18 years of age
• living outside of Australia
• adopted or in the process of being adopted by the sponsor
• Meets health and character requirements
• an evidence for assurance of support

Note: If the child is under 18 years of age at the time of lodging an application but turned 18 before the visa is granted, the child will not be considered eligible for this visa.

Best Interests of the Child

An adoption visa will not be granted if it is against the best interest of a child younger than 18 of age.

Visit: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/adoption-102 to know more about the measures of protection for the child.

Family Members in the Visa Application

The applicant can include their siblings in the visa application.

All the dependent family members must meet health and characters.

Health and Character Requirements

You and all the dependent family members in the visa application must have:

• Medical examinations done within 12 months of lodging a visa
• Police certificates from each country you lived in for more than 12 months in the past ten years

Debts to the Australian Government

You must have paid or arranged to repay any outstanding debts to the Australian government before the visa is granted.

The information provided here is only for general understanding and does not constitute legal advice. We recommend consult a Registered Migration agent for further information or check with Department of Home Affairs at https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/adoption-102

Benefits Of The 115 Visa

Being a Remaining Relative visa holder, you can:

• Live in Australia as a permanent resident
• Apply for Australian citizenship after fulfilling the criteria
• Leave and re-enter Australia frequently for five years from the date visa is granted (once you complete five years, you need to apply for another visa to return to Australia)

Eligibility Criteria

You can apply for this visa if:

• your and your partner’s near relatives live in Australia and they are Australian citizen, Australian permanent resident and/or eligible New Zealand citizen
• an eligible near relative or their spouse (Must be at least 18 years old) is ready to sponsor you and all family members
• have someone to provide you an assurance of support (a legal agreement to provide financial support)
• you and the dependent family members meet health and character requirements

You Will Not Be Considered Eligible For This Visa If:

• Your or your partner’s near relatives are unlawful, a holder of bridging visa and/or any temporary visa
• Your sponsor or their partner was the holder of Remaining Relative visa (subclass 835 or 115), Preferential Family visa (subclass 104) or Family Visa (subclass 806) or sponsored someone on these visas.

Who Are Eligible Near Relatives?

A near relative living in Australia must be either your:

• parent or your partner’s parent (biological or step parent)
• Brother/sister
• Stepbrother/stepsister
• Child/stepchild who is 18 years of age or more and not dependent
• Child/stepchild under 18 years of age who is not in your or your partner’s daily care and control

Health & Character Requirements

You and the dependent family members in the visa applications must:

• Complete a medical examination and meet minimum requirement to pass medical exam
• Obtain police clearance from each country (you and your family members) lived in for more than 12 months in the past ten years (Only required for adult applicants who are 18 years or older)

Debts To The Australian Government

You must be free from any outstanding debts to the Australian Government before the visa is granted.

Family Members To Include In The Visa Application

You can include following family members in your visa application:

• Your Partner
• Your or your partner child/step child

Benefits Of The Visa Subclass 461

The 461 visa holders can:

• Work and study in Australia
• Travel to Australia for five years from the date visa is granted

Eligibility Requirements

To be eligible for this visa, you must be either:

• Partner of the New Zealand citizen
• Their or their partner’s child / dependent child / step child

Health & Character Requirements

• You must have evidence of medical examinations undergone within 12 months of applying for the visa to fulfil the health requirements.
• You must also have police certificates from all the countries you lived in for 12 months in the past 10 years to fulfil the character requirements.

Health Insurance

You must be covered for all the health costs by Australia’s national health scheme (Medicare).

Debts to the Australian Government

You must be free from the outstanding debts to the Australian Government before the visa is granted.

If you found yourself eligible for this visa but unaware of the process to get started, call Destination Education and Visa Service to get assistance from the most knowledgeable and experienced team of registered immigration agents. From gathering required documentation to prepare a strong case for the Australian Immigration Department, we cover all the aspects of the visa application process diligently to make sure you receive no disappointments.

Parental Responsibility

For Parent

To get this visa, the parent must be:

• an Australian citizen
• the holder of an Australian permanent resident visa
• an eligible New Zealand citizen.

For Child

To get this visa, the child must be:

• sponsored by their parent or their parent’s partner
• single  and younger than 18 years of age (and not adopted)
• In case of an adopted child, the child must be below the age of 18 at the time of adoption.
• In case the child is between 18 to 25 years of age, they should be full-time students to be eligible.
• A child who is 18 or older and unable to work due to a disability and dependent on the sponsoring parent.

The child can include their own dependent children in this application.

For Sponsor

An eligible sponsor is a person who:

• Is a parent, a stepparent or adoptive parent of the child
• Is a stepparent who has separated from the child’s parent but has a legal responsibility to care for the child younger than 18 years of age
• Is an adoptive parent who adopted the child before becoming an Australian citizen
• Is older than 18 years of age

For more information on the eligibility of Adopted, Disabled and Children between 18 to 25 years, refer to this link – https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/child-802

Obligation Of The Sponsor

• A sponsor is responsible for the cost to the Australian Government of the child living in Australia
• A sponsor must be able to support the child with a reasonable living standard, provide adequate accommodation and enough financial support to meet the child’s need for their first two years in Australia
• help the child settle in Australia
• Support the child to attend English Language class and thus enhance the child’s proficiency in the Language.

Parental Obligation Of The Sponsor

A person who wishes to become a sponsor of a child below 18 years of age has to fulfil the following parental obligations.

• A sponsor must have the written consent of each person who can claim a legal right on deciding where the child will live.
• A sponsor must acquire a legal permission from the child’s home country granting its removal.
• The permission acquired by the sponsor must be consistent with any Australian child order.

Benefits Of Child Visa (820 And 101)

This is a permanent residence visa. It allows the child to:

• stay in Australia Indefinitely
• work and study in Australia
• Take benefit of Australia’s scheme for health-related care and expenses
• apply for Australian citizenship if and when they become eligible
• sponsor eligible relatives for permanent residence
• travel to and from Australia within five years from the date the visa is granted.

Responsibility of the Parent

A parent of a child younger than 18 years of age must have any of the following proofs to get this visa:

• A written consent of each person who can claim a legal right on deciding where the child will live.
• A legal permission by the child’s home country granting its removal
• It is consistent with any Australian child order.

Health requirements

Certain health requirements are to be met by the child for a successful application for Child Visa. The health report of the child should not be more than 12 months old. A health report of all the family members included in the application is required, irrespective of whether they are migrating or not.

Character requirements

To successfully applying for this visa, a police certificate from all the countries of the child’s residence (where the child has resided for 12 months or more during the past 10 years) is required to apply for this visa. This is only applicable is the child 1years of age or more.

Debts to the Australian Government

The applicant must be free from any outstanding debts to the Australian Government before the visa can be granted.

It can be applied, if the child is:

• Sponsored by their parent or their parent’s partner
• Single
• Younger than 18 years of age, or
• A full-time student between 18 and 25 years of age, or
• 18 or older and unable to work due to a disability and dependent on the sponsoring parent

The child can include their own dependent children in this application.

Who Can Sponsor The Child?

• A parent who must be an Australian citizen
• The holder of an Australian permanent resident visa or an eligible New Zealand citizen
• The spouse or de facto partner of the child’s parent can also sponsor the child

You can also sponsor a child if you are:

• A step-parent who is no longer the partner of the child’s parent but has a legal responsibility to care for the child and the child is younger than 18 years of age
• An adoptive parent who adopted the child before you became an Australian citizen, the holder of an Australian permanent resident visa, or eligible New Zealand citizen

You do not need to be in Australia at the time of application. You can still be a sponsoring parent if you:

• Entered Australia in the past but are outside Australia when you lodge the application
• Have been granted your Australian permanent resident visa but have not yet entered Australia

In case of an adoption of a child after you became an Australian citizen, the holder of an Australian permanent resident visa or eligible New Zealand citizen, application for an Adoption visa (subclass 102) can be submitted.

Parental responsibility

This visa can be granted only if you can show one of the following for a child younger than 18 years of age:

• You have the written consent of each person who can legally decide where the child lives
• The laws of the child’s home country permit the removal of the child
• It is consistent with any Australian child order

It is important that while you are applying for this visa, you refer the document checklist thoroughly as it provides you with the information of all the documents that you must provide to substantiate your visa claims.

Other basic requirements

Australian immigration system has created what is called measures for protection of the child. It documents things that are assessed to grant this visa as this visa will not usually be granted if it is against the best interests of a child younger than 18 years of age.

Other requirements are:

• Authorities may ask for an assurance of support for the child so that welfare costs for some migrants are not borne by the Australian community. This however needs to be provided only if and when asked for
• The child must meet certain health requirements. The results are usually valid for 12 months. This also applies to any dependent family members included in your application, whether they are migrating or not
• A child older than 16 years of age must meet certain character requirements. They must be prepared to provide a police certificate from each country they have lived in for 12 months or more during the past 10 years after they turned 16 years of age. Police certificate needs to be provided only when asked for
• The child must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government
• The child might be asked to provide biometrics as part of the application

What this visa lets you do

This is a permanent residence visa. It allows the child to:

• Travel to and stay in Australia indefinitely
• Work and study in Australia
• Enroll in Medicare, Australia’s scheme for health-related care and expenses
• Apply for Australian citizenship (if they are eligible)
• Sponsor eligible relatives for permanent residence
• Travel to and from Australia for five years from the date the visa is granted – after that time they will need another visa to enter Australia.