Law & Legal & Attorney Immigration Law

Australian Family Visa Stream

Australia is fast becoming one of the most popular countries to migrate to.
However, with the strict eligibility requirements and careful screening of applicants for skilled migration people are looking for other possible ways to enter Australia.
Among the options for individuals with family in Australia is the Family migration stream.
Two of the most common visas are the Partner Visa and the Parent Visa.
For the Partner Visa you can apply on the basis of your marriage or de facto relationship to the Australian Permanent Resident or Citizen.
There is also a Prospective Marriage for fiancé's of Australian permanent residents or Citizens.
The Spouse Visa and the De Facto Visa fall under the same visa subclass and therefore have the same requirements.
When partners are not married they must be in a de facto relationship which also includes same sex relationships.
To qualify for this type of partner visa they must commit themselves as husband and wife and share life with the exclusion of all others, and they must also have lived together for at least 12 months before the application is lodged.
An application of this subclass can be lodged either inside or outside Australia.
The Prospective Marriage Visa is for the fiancé of an Australian sponsor.
The requirements include the applicant evidencing their intention of marrying an Australian Permanent Resident or Citizen.
Also both parties need to have met in person and the Australian sponsor must not have any impediments to marrying under the Australian law.
The planned marriage must also be known to family and friends, and the applicant must agree to marry the sponsor within 9 months from the date of visa grant.
For this purpose, the applicant is granted a 9-month Temporary Visa.
For the Prospective Marriage Visa both partners also have to be of marriageable age under Australian.
This means they must be aged 18 years or over.
On the other hand, take note that if they are married, the marriage has to be recognized by Australian law.
Furthermore, the marriage should also be legal in Australia or in the country where the marriage took place.
However, the following marriages are not recognized: - Arranged or proxy marriage, - Polygamous marriage, - Marriages within prohibited degrees of relationships, - Same sex marriage, - Marriage of convenience, and - Marriage that is only recognized by custom.
Take note that should the marriage not happen within this time, the 9-month period will not be extended and the applicant is asked to leave Australia.
Another visa in the family stream is the Parent Visa.
Under the Parent Visa stream there are a range of visa subclasses with varying financial requirements.
A child who is an Australian citizen or a permanent resident, or is an eligible New Zealand citizen, is needed to sponsor the parents.
For this visa the "balance of family" test should have to be passed for one to qualify for this visa.
This means that at least half of the applicants' children are already residing in Australia or that more children are residing in Australia than in any other country in the world.
It is also important to take note that all children will be subjected to the "balance of family test" which includes step children and adopted children.
Furthermore, the applicant may be sponsored by a child settled in Australia, his spouse, or his guardian.
When applying for parent visa, there is also a mandatory assurance of support bond as well as a health charge that need to be paid.
For the Aged non Contributory Parent Visa, the applicants should also be old enough to receive an Australian aged pension.
If you want to make sure that you are lodging an accurate visa application, engage the services of National Visas.
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