Family members who wish to migrate to Australia under one of the visa categories outlined below must have sponsorship from a relative in Australia to be eligible. The sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

The term 'relative' in all of the below categories refers to:

• Child;
• Parent;
• Brother or sister;
• Grandparent;
• Grandchild;
• Aunt or uncle;
• Niece or nephew ;or
• Step relative of the same degree.

Aged Dependent Relative Category

Those who can apply under the Aged Dependent Relative category are aged persons who are single, widowed or divorced and who are financially dependent on a relative who lives in Australia.

Remaining Relative Category

Those who can apply under the Remaining Relative category are people who are the brother, sister or child (or step relative to the same degree) of a person in Australia who, if they did not migrate to Australia, would otherwise be left on their own overseas.

Career Category

Those who can apply under the Carer category are people who are willing and able to give substantial, continual assistance to an Australian relative (or a member of their family) who has a medical condition that is causing physical, intellectual or sensory impairment of their ability to attend to the practical aspects of daily life.

Remaining Relative Visa

The Remaining Relative Visa is designed to enable Australian citizens, Australian permanent residents or eligible New Zealand citizens, (who are usually resident and settled in Australia), to sponsor a remaining relative to migrate to Australia

Generally, you can apply for a Remaining Relative Visa if:

• You are the brother, sister, child or step equivalent of an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is settled and usually resident in Australia; and
• The Australian resident, or their spouse (if any), is aged 18 years or older and is sponsoring you; and
• You have an assurance of support; and
• For a child under 18, who was adopted overseas by an Australian citizen, Australian permanent resident or eligible New Zealand citizen, your adoptive parent must have spent the required 12 months living overseas prior to the Adoption Visa application; and
• You and your spouse together do not have any other near relatives other than those who are usually resident in Australia and are Australian citizens, Australian permanent residents or eligible New Zealand citizens.

Determining if a Person is 'Usually Resident'

Following a recent decision by the Australian Full Federal Court, there are new procedures for assessing where a person is 'usually resident'.

Applicants may be asked to provide additional information about where they usually reside, so that their application can be assessed under the new procedures.

If you are in Australia now and you are considering applying for a Remaining Relative Visa, you need to know that:

• If you or your spouse are assessed to be usually resident in Australia and only in Australia, and you have a near relative other than those near relatives in Australia who are entitled to sponsor you for the visa, you will not meet the legislative criteria for a Remaining Relative Visa.

All applicants should also note that that you may be asked to provide further information about where your near relatives usually reside, and in some cases, what contact you have with those near relatives.

Sponsorship

Your application to migrate or remain permanently in Australia as a remaining relative must be sponsored by your relative in Australia.

Your application cannot be approved if your sponsor:

• Has previously sponsored/nominated a person who has subsequently been granted a visa on the basis of being a remaining relative; or
• Was granted a visa to Australia on the basis of being a last remaining relative.

Parents may be able to migrate to Australia using a Parent Visa if they have a child in Australia who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

There are 2 categories of Parent Visas

• Parent Category
  To apply for migration to Australia as a parent, you must be sponsored. Generally you will be sponsored by your child, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
• Contributory Parent
  The Contributory Parent Visa category was introduced in mid-2003 to allow the expansion of the Parent Migration Program on the basis that applicants pay a higher visa application charge and a larger Assurance of Support (AoS) bond (with a longer AoS period).

The Child Visa category is for the natural child, adopted child or stepchild of a sponsor who must be a citizen of Australia, holder of a permanent visa or eligible New Zealand citizen. Where a child is overseas and was adopted after the sponsor became a permanent resident, they should apply under the Adopted Child category.

Note that a child can only be granted a permanent Child Visa on the basis of a step relationship in circumstances where:

• The child's natural or adopted parent is an Australian citizen, permanent resident or eligible New Zealand citizen; or
• The parent is no longer a spouse of the step parent and that step parent has been granted legal responsibility for the child by a court.

Orphan Relative Category

The Orphan Relative Visa category is for a child under 18 years of age who has no parent to care for them.

The sponsor must be a relative who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

Adoption Category

The Adoption category is for a child under 18 years of age who has been adopted or is in the process of being adopted by their sponsor who must be an Australian citizen, holder of a permanent visa or eligible New Zealand citizen.

The adoption must be supported by a State/Territory adoption authority, unless the adoptive parent has been resident overseas for a period of at least 12 months at the time of the migration application, and they can demonstrate their residence overseas was not contrived to deliberately bypass the requirements concerning entry of adopted children.

Dependent Child (Temporary) Category

The Dependent Child (Temporary) Visa is a provisional visa which enables a dependent child (natural child, adopted child or step child) of a holder of a Provisional Partner Visa to travel to or remain in Australia for the same period as their parent.

Once this visa has been granted, the child can apply to be added to their parent's Permanent Partner Visa application.

Qualifying for a Child Visa

There are a range of criteria you must be able to fulfil for your child to qualify for a visa to Australia. Fill out an Online Assessment to see if your child will qualify for an Australian Child Visa, or if you are able to sponsor a child to Australia.

If you are married to, in a committed relationship with or the fiancee of an Australian citizen or permanent resident, you may be able to obtain an Australian Partner Visa.

All applicants for a Partner Visa must have an Australian sponsor. Your sponsor must provide a written statement pledging to support you for your first 2 years in Australia, including accommodation and financial assistance to meet reasonable living needs.

Your relationship with your partner will be assessed as part of the application process. Additionally, applications are assessed against Australian health and character requirements.

Married Spouses

To apply for a Spouse Visa on the basis of your marriage, you must be legally married to your partner. If you were married in a country other than Australia, your marriage will generally be recognised as valid under Australian law.

De Facto or 'Common Law' Spouses

If you are applying for a Spouse Visa as a de facto spouse, you and your partner generally must have been in a de facto relationship for the 12 months immediately prior to lodging your application.

Same Sex Couples

The Interdependency Visa allows same sex partner migration to Australia.

Fiancee Visa

A Prospective Marriage Visa is a temporary visa that is valid for 9 months. You must enter Australia as a fiancee and marry your sponsor within the period the visa is valid.

Children, parents and other family members may apply for migration to join their Australian citizen or permanent resident family members in Australia. This section sets out a number of options for people wanting to emigrate to Australia to join their family permanently.