Understanding the Family-Based Immigration in Australia

There are different ways you can gain residency in Australia one of this options is the family-based immigration. Family reunification is a recognized reason for immigration by the Australian government. The family-based immigration is one of the most common legal bases of immigration to Australia. Family immigration happens when an Australian citizen and permanent resident of Australia sponsor his or her relative for immigration. There are several ways of getting the family a visa to enter or even reside in Australia permanently.

1.    Partner Category Visa

The partner category visa is given to the spouse or partner of an Australian citizen, Australian permanent resident or an eligible citizen of New Zealand. This can take place after the wedding or before the wedding. In Australia, an unmarried partner can also be awarded a partner category visa as long as they can prove an on-going intimate relationship that lasted for a long time. The interdependent partner (for same-sex partner) is also eligible for partner category visa.

You can be eligible for a partner category visa if you are:

•    Legal spouse of an Australian citizen, a permanent resident of Australian or eligible citizen of New Zealand

•    Prospective spouse or fiancée of an Australian citizen, a permanent resident of Australia or eligible New Zealand citizen

•    De facto partner, such as partner in the same-sex relationship, with an Australian citizen, a permanent resident of Australia or eligible New Zealand citizen

2. Child and Adoption Visa

An Australian citizen, permanent resident or an eligible New Zealand citizen can file a child or adoption visa for his or her dependent child below 18 years old and single. Although, there are circumstances that a person who is over 18 years old are considered as a child thus making him or her eligible in getting a child visa.  Talk to an immigration lawyer in canning vale to give in-depth insights about the rules and guidelines on child and adoption visa option.

3. Parent Category Visa

A parent living outside Australia can apply for parent visa if his or her child is an Australian citizen, a permanent resident of Australia or eligible New Zealand citizen, and lawfully living in Australia for at least two years. A parent must also meet the balance of family test criteria. He or she has a sponsor and have met the character and health requirements.  You can meet the balance family test criteria if at least one-half of your legal children are living permanently in Australia.

4. Family members’ visa

Other members of the family, other than the spouse (or partner), child and parents can file for a family members visa. However, this visa is subject to being capped and queued. There is an extensive waiting period for this visa.

The laws for family-based immigration are quite complex and convoluted. It could be likened to a labyrinth which is very difficult to navigate. It would take the expertise and experience of an immigration lawyer in canning vale to successfully navigate the complicated maze.