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Australia Family Migration: FAQ


How can my family member live permanently in Australia?

The Family Stream of Australia's Migration Program enables the reunion of immediate family members such as spouses, fiancé (e) s, interdependent partners, dependent children, adopted children, stepchildren, and certain other members of extended families such as parents, orphan relatives, carers, aged dependent relatives, and remaining relatives.

Family Stream migrants are selected on the basis of their family relationship with their sponsor in Australia; there is no test for skills or language ability as for Skilled Stream migrants.

Family Stream migrants may be sponsored by a close family member, partner or fiancé (e) living permanently in Australia. A close family member is a child, adopted child, parent, brother or sister, grandchild, uncle or aunt, niece or nephew (or step-relative of the same degree).

Who can sponsor a family member from overseas?

Prior to 1 July 2002 persons who applied in Australia in the Family Stream were "nominated" by a close family member, partner or fiancé (e). Those who applied outside Australia were "sponsored".

Now, all Family Stream migrants, whether they apply within or outside Australia, must be sponsored by a close family relative, partner or fiancé (e) (as applicable for the category). The sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen and would usually be 18 years of age or older.

  • Partner applicants must be sponsored by their partner (or a parent or guardian of their fiancé (e) if their fiancé (e) is under 18);
  • Child applicants must be sponsored by a parent, relative or guardian;
  • Parent applicants must be sponsored by their child (natural, adopted or stepchild); and
  • Other Family applicants must be sponsored by a relative.

Note that the sponsors of Parent, Other Family and certain Child applicants must be usually resident in Australia.

Which family members can I sponsor to live permanently in Australia?

There are four main categories in the Family Stream under which a family member may be sponsored to live permanently in Australia.

Partner

  • Spouse: the husband, wife or de facto partner of the Australian sponsor.
  • Prospective Marriage: a fiancé (e) overseas who plans to marry their Australian sponsor in Australia.
  • Interdependent Partner: a person in an interdependent relationship with an Australian partner involving a mutual commitment to a shared life together.

Child

  • Dependent child: the natural, adopted or stepchild of the Australian sponsor.
  • Adopted child: a child adopted overseas.
  • Orphan relative: an unmarried child under 18 who cannot be cared for by either parent.

Parent

  • A person who meets the balance of family test and is sponsored by their child, who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Note, however, that parents can only be granted a visa when applying within Australia if they are aged. An aged parent is one who is old enough to be granted an Australian age pension.

Other Family

  • Aged Dependent Relative: single, widowed, divorced or formally separated person who is dependent on an Australian relative.
  • Remaining Relative: a person who has no close family ties outside Australia and is the brother, sister, child or step equivalent of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
  • Carer: a person willing and able to give substantial, continuing assistance to an Australian relative or member of their family who has a medical condition that impairs their ability to attend to the practical aspects of daily life. The need for assistance must be likely to continue for at least two years.

Will I need to provide financial assistance if I sponsor my family member?

The sponsor of a family member applying for a permanent visa for Australia (except for a permanent humanitarian visa) undertakes to provide support for their first two years in Australia, including accommodation and financial assistance as required.

Sponsorship of family members may also require an approved Assurance of Support (AOS). An AOS is a commitment to provide financial support to the person applying to migrate so that the migrant will not have to rely on any government forms of support.

It is also a legal commitment by a person to repay the Australian Government any recoverable social security payments made to those covered by the assurance.

The AOS is in force for two years, from the date of the assuree's arrival in Australia or grant of a relevant visa, whichever happens later. It covers the principal applicant and any family members included in the application.

Are there limits on the number of people I can sponsor?

For people sponsoring a spouse, fiancé (e) or interdependent partner, there are limits on the number of sponsorships may be made, and the time frame in which they may be made. These are:

  • The number of approved sponsorships which can be made is limited to two, a minimum of five years apart; and
  • If the sponsor was sponsored to Australia as a spouse, fiancé (e) or interdependent partner, they cannot sponsor a spouse, fiancé (e), or interdependent partner for five years from when they were sponsored.

The limitations may be waived in compelling circumstances, including:

  • If the previous spouse/partner has died or abandoned the relationship leaving young children; or
  • If a new relationship has been formed which is long-standing or which has produced children.

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