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Family in Australia

The family stream comprises several categories based on family ties between the Applicant and an Australian resident. The principal ones cover partners (legal or de facto spouses or same-sex partners), parents and dependent children.

Partner Visas can be applied for in Australia or overseas. In some cases even an illegal immigrant can obtain a Partner Visa without having to leave the country. Normally there is a two year wait between the date of application and grant of the Permanent Visa, in order to ensure the genuineness of the relationship. During this time you get a "Provisional Visa" which allows you to stay, work, and travel.

As a general rule, de facto and same-sex relationships are recognised only after 12 months of prior cohabitation.

Parents must have half of their children residing permanently in Australia, or more in Australia than in any other country. If they apply within Australia, one of them must be either 65 (for the father) or 62 (for the mother) years of age. The number of Visas issued in this category every year is extremely limited, and the waiting period is well in excess of five years.

Children under 18 are considered to be dependent on both parents. Where only one parent resides in Australia the other must give permission for the child to migrate. Children aged over 17 are not considered dependent unless they are physically or mentally handicapped, or they are full-time students, have never been married and have never worked. Children aged over 24 can only be considered dependent if they are handicapped.

Other categories in the family stream include last remaining relatives, aged-dependent relatives, and a category of "carers", being a person whose presence is required to assist a disabled or seriously ill Australian resident.


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Accurate Immigration Services only uses the services of Lawyers or Solicitors who are Registered Migration Agents of their respective countries.


The information on this page is intended to be general in nature and should not be construed as applying to the reader's individual set of circumstances. It does not constitute legal advice. Eligibility requirements and the application of laws vary on a case-by-case basis. Furthermore, Immigration laws, regulations and policies are always subject to change at any time without advance notice.
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