Spouse Visa

This class of visa allows the spouse of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia.  This visa can be applied for either in Australia or offshore.
There are two stages to this type of application.

Stage 1 – Temporary Spouse visa (Subclass 309/820)

This stage will allow the visa applicant to obtain a 2-year temporary visa.  In order to complete a valid application, the applicant will need to provide:-

• evidence that the relationship is continuing and genuine;
• medical examinations and character clearances.

The applicant may also be asked to attend an interview with the Department of Immigration and Citizenship (DIAC)

It is important to note that if you are applying as a defacto spouse, you must evidence that you have been living together in a continuing and genuine relationship for a minimum of 12 months prior to the date of your application.

If you will be onshore at the time of your application, you will need to be in Australia at the time your visa is granted.  If you will be offshore at the time of your application, you will need to be offshore at the time your visa is granted, and you will need to enter Australia by a given date.  The temporary visa, once approved, allows for multiple re-entry into Australia until your application for permanent residency is decided.

Stage 2 Spouse Permanent residence (Subclass 100/801)

This stage of the application allows the applicant to apply for permanent residence.  In order to complete a valid application, the applicant will need to provide:-

• evidence that the relationship is continuing and genuine, included statements from both the applicant and their spouse, along with declarations from two people who know the two of you well and can support your claim of a continuing and genuine relationship;
• an Australian police clearance if you have lived in Australia for more than one year.

You and your spouse may also be asked to attend an interview with DIAC.

Remaining Relative Visa (Subclass 115 835)

This visa can be applied for within Australia, and is available to a close family relative of an Australian citizen, permanent resident or eligible New Zealand citizen, if that close family relative would be left without other close family members overseas.

In order to be eligible for this subclass of visa, you must be the brother, sister or child of an Australian citizen, permanent resident or eligible New Zealand citizen who is over the age of 18 years.

One of your relatives must also nominate you, and provide an assurance of support.

Parent Visa  (Subclass 103)

This visa is applied for from outside, or in some cases, inside Australia, and is available to a parent of an Australian citizen, permanent resident or eligible New Zealand citizen.  This visa is available to people who are still of working age, which is up to 65 years for men and up to between 60-65 for women.

The sponsoring child must have been resident in Australia for at least 2 years and must sponsor or nominate the parent.  An assurance of support will also be required.

The sponsor must give a written undertaking to provide support for the visa applicant and their family for their first 2 years in Australia.  This includes accommodation and financial assistance as required to meet the family’s reasonable living needs.

An assurance of support is a legal commitment by a person to repay to the Commonwealth of Australia any recoverable social security payments made by Centrelink to those covered by the assurance.  Assurances cover the main applicant and the family included in the application.  The assurance of support is in force for 2 years from the date of visa grant.

It is also a requirement of this visa that at least half of the applicant’s children live in Australia, or that the applicant has more children in Australia than in any other single country.

The Minister for the Department of Immigration and Citizenship (DIAC) has gazetted that there are 1000 parent visas available to be granted in the 2006/07 Migration Program Year, similar numbers apply to subsequent years.

Interdependent Partner Visa

This class of visa allows the interdependent partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia.  This visa can be applied for either in Australia or offshore.

There are two stages to this type of application.

Stage 1 – Temporary Interdependent visa (Subclass 826)

This stage will allow the visa applicant to obtain a 2 year temporary visa.  In order to complete a valid application, the applicant will need to provide:-

• evidence that the relationship is continuing and genuine;
• medical examinations and character clearances.

The applicant may also be asked to attend an interview with the Department of Immigration and Multicultural Affairs (DIMA).
It is important to note that if you are applying as an interdependent partner, you must evidence that you have been living together in a continuing and genuine relationship for a minimum of 12 months prior to the date of your application.

If you will be onshore at the time of your application, you will need to be in Australia at the time your visa is granted.  If you will be offshore at the time of your application, you will need to be offshore at the time your visa is granted, and you will need to enter Australia by a given date.  The temporary visa, once approved, allows for multiple re-entry into Australia until your application for permanent residency is decided.

Stage 2 Interdependent Partner Permanent residence (Subclass 814)

This stage of the application allows the applicant to apply for permanent residence.  In order to complete a valid application, the applicant will need to provide:-

• evidence that the relationship is continuing and genuine, included statements from both the applicant and their partner, along with declarations from two people who know the two of you well and can support your claim of a continuing and genuine relationship;
• an Australian police clearance if you have lived in Australia for more than one year.

You and your partner may also be asked to attend an interview with DIAC.

Contributory Parent Visa (Subclass 143/173)

There are two options for contributory parents, either a 2 year temporary visa, or permanent residency.  The choice that you make will depend upon the contribution that you can afford.

This visa is applied for from outside Australia, and is available to a parent of an Australian citizen, permanent resident or eligible New Zealand citizen.  If you are holding a temporary contributory parent visa, you are eligible to apply for permanent residency from inside Australia.

The sponsoring child must have been resident in Australia for at least 2 years and must sponsor or nominate the parent.  An assurance of support will also be required.

It is also a requirement of this visa that at least half of the applicant’s children live in Australia, or that the applicant has more children in Australia than in any other single country.

The most compelling factor of this visa is that there are contributions that must be paid in order for a visa to be granted.  The contributions will depend upon whether you apply for permanent residency or temporary residency and are as follows:

NOTE THAT THE CONTRIBUTIONS WILL CHANGE FROM TIME TO TIME – PLEASE CHECK WITH US BEFORE APPLYING

Contributory Parent Visa (Permanent) (Subclass 143) – One Step Process

1st instalment (covers all applicants)	$1,390
2nd instalment(payable immediately prior to grant of visa)
Main Applicant	$31,555
Secondary Applicant	$31,555
Total contribution for husband and wife:	$63,110

OR Contributory Parent Visa (Temporary Stage 1 Permanent Stage 2) (Subclass 173)

1st instalment (covers all applicants)	$1,390
2nd instalment (payable immediately prior to grant of visa)
Main applicant	$18,935
Secondary applicant (spouse)	$18,935
Total contribution for husband and wife:	$37,870

If you make an application for permanent residency (stage 2) from a temporary contributory parent visa, the contribution will be:

Main applicant	$12,625
Secondary applicant (spouse)	$12,625
Total contribution for husband and wife:	$25,250
(coupled with the contribution that you made for your temporary visa)	$63,122

There is also an assurance of support required for a permanent visa.  This assurance is refundable to the applicant after 10 years.

Main Applicant	$10,000
Secondary applicant (spouse)	$4,000
Total Assurance of support for husband and wife	$14,000

Aged Parent Visa (Subclass 804)

This visa can be applied for within Australia, and is available to a parent of an Australian Citizen, Australian Permanent Resident or eligible New Zealand Citizen where the applicant is old enough to be granted an Australian age pension.  For this purpose, it is only required that one of your parents is considered to be aged.

The sponsoring child must have been resident in Australia for at least 2 years and must sponsor or nominate the parent.  An assurance of support will also be required.

It is also a requirement of this visa that at least half of the applicant’s children live in Australia, or that the applicant has more children in Australia than in any other single country.

The Minister for the Department of Immigration and Citizenship (DIAC) has gazetted that there are 1000 parent visas available to be granted in the 2006/07 Migration Program Year, similar numbers apply to subsequent years.