Family and Partner visas
Family and Partner visas offer the best options for Australian citizens, permanent residents and eligible New Zealand citizens who wish to bring their immediate family members and other relatives to Australia. At Loughton Yorke Lawyers, we strongly advise you to consult our registered migration specialists before you embark on the application process to avoid wasting time (applications can take up to 10 years to be processed) and significant sums of money.
Australia’s Migration Law is strict and it is imperative that you know beforehand whether you and your family are likely to qualify for the applied visa and if so, what is needed for the application to go through.
Loughton Yorke Lawyers are based in the Perth CBD and the firm is one of the most experienced in family migration cases and together with our years of experience, your chances of qualifying for a visa will be significantly higher.
For permanent residents of Australia or eligible New Zealand residents, there are two ways you could bring your parent(s) to Australia. Both visas require your parent(s) to pass the highly complex and restrictive Balance of Family (BOF) test, which is usually one of the main reasons why many applicants do not qualify for parent visas. Our immigration specialists can give you an accurate BOF assessment and advice you on whether your visa application will be successful or not.
Queued parent visas are a lot less costly in comparison to contributory parent visas. However, an individual may have to wait for up to 15 years to get their visa application approved. Queued parent visas are also limited and are often follow strict health criteria. They require a $2,000 Department of Immigration fee.
Contributory parent visas on the other hand take a maximum of 12 months (as at September 2012) to be granted, although they incur the much steeper Department of Immigration fee of $86,500. Of this amount, $84,400 must be paid before the visa can be granted.
Our registered migration specialists will walk you through the best options for your parents with perspective on their health status, your financial position and the best strategy to approach the situation with (for instance, they can opt for temporary residence first while they work on securing permanent residency).
Our knowledge in Australian law extends to family law, where we have specialists who are well suited to help you navigate various hurdles to ensure that your child visa application goes through. Our team of Accredited Specialists alongside with experts in the field of family law will work together with you and guide you through the best channels you can use to bring your child to Australia.
The type of visa that will best suit your situation depends on a range of factors such as the dependency of the child, whether they are within the country, whether they are adopted or a stepchild and whether they are orphaned. As such, the laws concerning child visas are extremely intricate, especially if the child’s health comes into play. There are several issues that could present problems along the way that are not covered in the information provided in the Department of Immigration website.
Therefore, consulting a registered Migration specialist is vital. To be qualify for a child visa, the child must be under the age of 18 years, single, and be related to an Australian citizen or a permanent resident. While it is possible to get qualify if the child is over the age of 18, the application process gets significantly more complicated.
Orphan relative visas are applicable in the case where the child’s parents are either deceased or missing. They must be sponsored by a permanent resident or an Australian citizen.
Adoption visas are by far the most complicated. This is because they require an adoption permit from State authorities first before the visa application process can commence. The complex process will also vary significantly depending on whether the adoption is privately organized or whether the countries involved are under the Hague Convention or have an existing bi-lateral agreement with Australia.
Visas for Other Family Members
For siblings and other relatives of permanent Australian residents and citizens, there are three ways they can gain residence in the country. This can be through a carer visa, a remaining relative visa, or an offshore humanitarian visa. Of the three, humanitarian visas are rarely a viable option for most people.
Remaining relative visas are limited and typically have a waiting period of more than 10 years. To be eligible, your relative must prove that they have no dependent children, siblings and step-siblings, and parents who live outside of Australia. Talking to the experienced team of lawyers at Loughton Yorke Lawyers beforehand will give you a clearer picture of whether your visa will be granted.
Carer visas are the only visas available for members of the extended family. They allow a sibling, spouse, grandparent, niece or nephew to come to Australia for the sole purpose of providing care to a permanent resident or citizen of Australia.
To be eligible for the carer visa, one requires an assessment by a doctor mandated by the Department of Immigration is necessary to determine whether one has a serious ongoing medical condition that hinders routine activities such as cooking and bathing. In addition to this, one must also be reasonably incapable of accessing assistance, either from a relative within Australia or from the concerned community organizations.
In addition to offering you expert guidance, Loughton Yorke Lawyers are well connected with the top medical specialists here in Perth, West Australia, and will help you get accurate and authoritative medical evidence to ensure that your application has better chances of being approved.
In case of any queries concerning the various visa sub-classes you and your family can apply for, feel free to talk to one of our registered migration specialists or immigration lawyers to get more information. Loughton Yorke Lawyers are what you need to ensure that your process ends in a successful outcome.