08 8410 3044, 0412 496 735
Level 4, 22 Grenfell St, Adelaide, SA
Prospective Marriage Visa is appropriate in a case you have met a person who you regard as your second half. You have already spent some time together and now you would like this person to come to Australia to get married to you.
In case you have not met in person yet, we advise you to consider to getting a tourist visa first for your fiancé to come and see you in Australia or find another place to spend some time together; thus you will fulfil one of the most important requirements for a Prospective Marriage visa.
Partner visa could be a right choice if you are married or in defacto relationships (including same- sex relationship). Please, be advised that for the latter option you need to be able to prove that you relationship lasts not less than 12 months.
In any case, we are happy to see you at our initial consultation to discuss your case in detail and assist you with the best solution possible.
Currently there are two main categories of visas for parents of settled Australian Citizens or Permanent Residents, or Eligible New Zealand Citizens (persons who were in Australia on 26 February 2001 as the holders of sc 444 visa) to migrate to Australia - non-contributory and contributory. The main differences between these visas are their cost and processing time. Whereas a Parent visa is relatively unexpensive, its consideration time is determined by the Department of Immigration as up to 30 years. In contrast, a Contributory Partner visa can be decided in about two and a half years, however the visa application charge exceeds $40,000. To manage this financial burden, the visa can be obtained in two stages, the first one will be a two-years temporary visa.Both visas require an Assurance of Support be given as a legal commitment to support the visa applicant financially so they do not have to rely on social security payment for a number of the first years in Australia. The amount of $10,000 must be deposited for 10 years for contributory visa applicants and a lower amount of $5,000 for 2 years - for non-contributory applicants.
One of fundamental requirements for any parent visa is a Balance of Family Test. In order to meet it a parent should have either at least half of their children reside permanently in Australia or more children live permanently in Australia than in any other country.
Since the Australian Government believes that parents should have the opportunity to visit children and grandchildren who live in Australia, the new temporary visa for parents was introduced in September 2016 announcing its commencement in July 2017. Now it was clarified that the visa will launch in late 2017 (subject to passage of the Migration Amendment (Family Violence and Other Measures) Bill 2016 through Parliament). The visa will allow parents to stay in Australia for up to 5 years and will bot provide any pathway to the permanent residency. The following requirements have been proposed initially:
- mandatory health examination
- adequate health insurance taken out with an Australian insurance provider
- sponsorship including assessment of
criminal history check
The following details of the requirements were now announced by the Department:
- no working rights; parents only can assist with family childcare or undertake incidental unpaid volunteer activities
- no financial bond for this visa; however the visa application charge is quite high:
a five years visa will be AUD10,000.00
a three years visa will be AUD5,000
- the visa may be granted more than once but the maximum stay is 10 years in total
- the Balance of Family test does not apply to this visa
- a person will meet a definition of a parent for this visa is they are biological, adoptive or step-parent (being still in a marriage/de facto relationship with a biological parent) of Australian citizens, Australian permanent residents and eligible New Zealand citizens
- to be positively assessed, the sponsor must reside in Australia for at least 4 years
- the new visa arrangement does not replace the existing Parent category visas