In-Law Sponsorship: Sponsoring Family Members In Australia

Australian citizens or permanent residents can sponsor certain family members for a Family Sponsored Visa, allowing them to live, work, and study in Australia. Eligible family relationships for sponsorship include partners, children, parents, and certain other relatives. The specific eligibility criteria vary depending on the type of relationship and the visa subclass. For example, the subclass 491 Skilled Work Regional (Provisional) visa allows applicants up to five years of living and working in regional Australia and provides a pathway to permanent residency. Sponsoring a family member to Australia involves meeting specific requirements, demonstrating financial capability, and adhering to character requirements.

Sponsoring a sibling

The Family Sponsored Visa for Australia enables eligible family members of Australian citizens, permanent residents, or eligible New Zealand citizens to live, work, and study in Australia. Australian citizens, permanent residents, or eligible New Zealand citizens can sponsor certain family members for a Family Sponsored Visa, provided they meet the necessary requirements. Eligible family relationships for sponsorship include partners, children, parents, and certain other relatives. The specific eligibility criteria vary depending on the type of relationship.

The subclass 476 (Family Stream) visa is one option for sponsoring a sibling to come to Australia. Processing times for this visa can vary from several months to many years. To expedite the process, it is crucial to ensure that all necessary documents are correctly prepared, and to thoroughly understand the specific requirements and deadlines associated with this visa type.

The subclass 491 visa is another option for sponsoring a sibling. This visa enables eligible skilled workers and their families to live, work, and study in designated regional areas of Australia for up to five years. After three years, visa holders can apply for a Permanent Residence visa. To be eligible for this visa, applicants must be nominated by an Australian state or territory government or sponsored by an eligible family member residing in a designated regional area. It is important to note that this visa is point-tested, and applicants typically need around 90 to 100 points to be competitive.

Another option for sponsoring a sibling is the Remaining Relative Visa (subclass 115/subclass 835). This visa is for applicants whose only close relative is in Australia, and they have no other near relatives. The applicant must be sponsored by an eligible parent, step-parent, sibling, step-sibling, or eligible partner of their relative. An assurance of support is required, and the applicant must meet health and character requirements. There is a limited number of these visas granted each year.

Sponsoring a spouse

Eligibility

To be eligible to sponsor a spouse, you must be an Australian citizen, a permanent resident, or an eligible New Zealand citizen. You must also be at least 18 years old and have no substantial criminal record. Additionally, you should have no limitations imposed by the Australian Department of Home Affairs on your sponsorship. This includes not having sponsored another partner within the last five years.

Relationship Criteria

The relationship between you and your spouse must be genuine, ongoing, and beyond the boyfriend-girlfriend stage. The Australian Department of Internal Affairs defines a spouse as "one of two people in a married relationship [...] who have a mutual commitment to a shared life excluding all others, have a genuine and continuing relationship, and live together or don't live separately and apart on a permanent basis." The relationship must have existed for at least 12 months before applying for the visa.

Visa Options

The Partner Visa (subclass 820 and 801) is the most common pathway for sponsoring a spouse. The subclass 309 visa is a temporary visa that allows the spouse to enter and stay in Australia until a decision is made on the permanent subclass 801 visa. The Prospective Marriage Visa (subclass 300) is another option if you intend to marry your partner within nine months of their arrival in Australia.

Application Process

The process involves two main steps: the sponsor applying to sponsor the spouse and the sponsored spouse submitting their visa application. As a sponsor, you may need to meet certain financial requirements to demonstrate your ability to support your spouse during their initial stay. The sponsored spouse must satisfy health, character, and relationship criteria. They must also provide valid evidence to support their application, including proof of the genuineness of the relationship.

Processing Times

Processing times for spouse visas can vary. The temporary subclass 309 visa is typically processed within 3-6 months, while the permanent subclass 801 visa can take up to two years to be confirmed. It is important to note that the COVID-19 pandemic may have impacted processing times.

In conclusion, sponsoring a spouse to join you in Australia requires careful navigation of the eligibility criteria, visa options, and application process. It is always advisable to seek the most up-to-date information and consult with immigration specialists to ensure a smooth transition for you and your spouse.

Sponsoring a parent

There are different types of visas available for parents, depending on their circumstances and your preferences. The Parent Visa is offered to applicants who have eligible children in Australia as citizens, permanent residents, or eligible New Zealand citizens. This visa is available for both working and aged parents. It allows parents to live and work in Australia and can be a pathway to permanent residency.

The Contributory Parent Visa is another option, which assures faster processing of immigration at a higher cost. However, it is important to note that there is a limited number of Parent Visas issued each year, so there may be a waiting period. The Skilled Work Regional (Provisional) Visa (subclass 491) is another option that allows parents to live and work in regional Australia for up to five years and provides a pathway to permanent residency.

To be eligible for a Parent Visa, the sponsoring child must demonstrate financial capability and meet character requirements. The parent being sponsored must also pass health and character checks. Additionally, some Parent Visas require that a balance of family tests be met, which means that at least half of the parent's children, including step-children, must live in Australia or that there are more children living in Australia than in any other single country.

The process of sponsoring a parent involves the sponsor applying to sponsor their parent and then the sponsored parent submitting their visa application. It is important to note that the specific eligibility criteria and requirements may vary depending on the type of visa and relationship, so it is essential to check the requirements for the specific visa subclass.

Sponsoring a child

To sponsor a family member to Australia, you must be an Australian citizen, a permanent resident, or an eligible New Zealand citizen. Eligible family relationships for sponsorship include partners, children, parents, and certain other relatives. The specific eligibility criteria and age limits vary depending on the type of relationship and the visa subclass.

The Family Sponsored Visa for Australia enables eligible family members of Australian citizens, permanent residents, or eligible New Zealand citizens to live, work, and study in Australia. The child must meet health, character, and relationship criteria. Sponsors must also meet certain requirements and may need to meet financial requirements to demonstrate their ability to support the sponsored child during their initial stay in Australia. The subclass of visa will depend on the specific circumstances of the child being sponsored.

The subclass 600 Visitor Visa – Sponsored Family Stream is suitable if you plan to invite your relatives to visit Australia for up to 12 months. With this visa, the child can visit family or friends, travel around Australia, and study for up to 3 months. It is important to note that the applicant cannot work on this visa.

The subclass 491 visa is for eligible skilled workers and their families to live, work, and study in designated regional areas of Australia for five years. Visa holders can apply for a Permanent Residence visa after three years. Applicants must be nominated by an Australian state or territory government or sponsored by an eligible family member residing in a designated regional area. This visa is point-tested and highly competitive, with applicants typically requiring 90 to 100 points.

The Remaining Relative Visa (subclass 115/ subclass 835) is a permanent visa that allows the applicant to move to Australia to be with their only close relative. The applicant must have a sponsor and no other near relatives, defined as parents, step-parents, siblings, step-siblings, or an eligible partner of the relative. The sponsor must provide assurance of support, ensuring that the applicant will not rely on government assistance.

In addition to the above visa options, there are also child-specific sponsorship programs offered by organizations such as The Smith Family, Plan International Australia, and UNICEF Australia. These programs typically involve making regular donations to support disadvantaged children and young people in Australia and may include opportunities to exchange letters and cards with the sponsored child.

Sponsoring a relative

The type of visa your relative will need to apply for will depend on their relationship to you, whether they want to live in Australia temporarily or permanently, and your residency status in Australia. If your relative wants to live and work in Australia, they can apply for a Skilled Work Regional (Provisional) Visa (subclass 491). This visa allows applicants up to five years of living and working in regional Australia and provides a pathway to permanent residency. However, simply having a family member in Australia does not make your relative eligible for this visa; they must first meet the criteria for a skilled visa.

If your relative is your parent or step-parent, they can apply for a Parent Visa, which can be either for working or aged parents. These visas are initially offered for temporary settlement and can later be changed to a permanent type. There is also an option for a 'Contributory Parent Visa', which assures faster processing but at a higher cost. It is important to note that only a limited number of Parent Visas are issued each year, so there may be a waitlist.

If your relative is your child, they may be biological, adopted, or an orphaned relative. They will need to undergo health checks, and if they are older than sixteen, they must meet a character test. If they are over eighteen, they may also be required to sign an Australian values statement. This type of visa will not be granted if the Department of Home Affairs deems it is not in the best interests of the child, or if specific conditions are not met, such as obtaining written consent from everyone who can legally decide where the child lives.

If your relative is your sibling or step-sibling, their visa will usually fall under the Family Stream, and they must have a genuine relationship with you and fulfil health and character criteria. There may be restrictions on the number of sibling visas awarded annually.

In addition to the specific requirements for each type of visa, your relative must also meet the general requirements for a Family Sponsored Visa. This includes passing health and character checks and meeting the relationship criteria. Your relative must also have their occupation listed on the MLTSSL (Medium and Long-term Strategic Skills List). As a sponsor, you may need to meet certain financial requirements to demonstrate your ability to support your relative during their initial stay in Australia.

Frequently asked questions