Fact Sheet 29 - Overview of Family Stream Migration
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Australia's Migration Program
The Migration Program has two main components – the skilled stream and the family stream.
The family stream had grown steadily from 32 040 visas in 1998-99 to 49 870 visas in 2007-08.
The 2007-08 family stream contained 32 740 spouse visas, 650 interdependent visas, 6541 prospective marriage visas, 3062 child visas (including adoption), 4499 parent visas and 2378 preferential and other family visas (including orphan relatives).
The planning level for the family stream in 2008-09 is set at 56 500 visas, which represents 32.9 per cent of the total Migration Program (the planning level for 2008-09 is set at 171 800).
Family stream categories
Family stream migrants are selected on the basis of their family relationship with their sponsor in Australia. There is no test for skills or language ability as for skilled stream migrants.
The family stream has four main categories:
Partner
- Partner: the spouse or de facto partner (including same-sex partners) of the Australian sponsor
- Prospective Marriage: a fiancé overseas who plans to marry their Australian sponsor after travelling to Australia
See: Fact Sheet 30 Family Stream Migration – Partners.
Child
- Dependent child: the child or stepchild of the Australian sponsor
- Adopted child: a child adopted overseas
- Orphan relative: a child who is unmarried, not in a de facto relationship and is under 18 years at the time of application who cannot be cared for by either parent.
See:
Fact Sheet 36 Adopting Children from Overseas
Fact Sheet 33 Family Stream Migration – Child.
Parent
There are two visa categories for parents wishing to migrate to Australia:
- the parent category
- the contributory parent category.
The differences between the two categories are that:
- the contributory parent category has more visa places available each migration program year, and
- applicants for a contributory parent visa pay a substantially higher second visa application charge and a larger Assurance of Support (AoS) bond (with a longer AoS period).
See:
Fact Sheet 31 Family Stream Migration – Parent Category
Fact Sheet 39 Contributory Parent Category visas
Other family
- Aged Dependent Relative: single, widowed, divorced or formally separated person who is dependent on an Australian relative
- Remaining Relative: a person who has no near relatives outside Australia and is the brother, sister, child or step equivalent of an Australian citizen, Australian permanent resident or eligible New Zealand citizen
- Carer: a person willing and able to give substantial, continuing assistance to an Australian relative or member of their family who has a medical condition that impairs their ability to attend to the practical aspects of daily life. The need for assistance must be likely to continue for at least two years.
See: Fact Sheet 32 Family Stream Migration – Other Family
Sponsorship
All family stream migrants, whether they apply in or outside Australia, must be sponsored by a close family relative, partner or fiancé (as applicable for the category).
The sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen and are usually 18 years of age or older.
- Partner applicants must be sponsored by their partner (or a parent or guardian of their partner if their partner is under 18)
- Child applicants must be sponsored by a parent or relative, or that person's cohabiting partner
- Parent applicants are usually sponsored by their child or stepchild, but they may also be sponsored by their child's partner. If the child is under 18, certain other people are able to sponsor the applicant.
- Other family applicants must be sponsored by a relative.
Limitations on sponsorship
There are limits on the number of sponsorships people sponsoring a partner or fiancé, may make and on the timeframe in which they may be made.
See: Fact Sheet 30 Family Stream Migration – Partners
A person who entered Australia as a remaining relative or a person who previously sponsored a remaining relative cannot sponsor another person as a remaining relative.
Assurance of Support (AoS)
An AoS is a legal commitment by a person (not necessarily the sponsor) to repay to the Australian Government certain welfare payments paid to migrants during their respective AoS period.
Some family stream applicants are subject to a required (mandatory) AoS. Other applicants may be subject to a discretionary AoS if they are assessed as being at risk of becoming a charge on Australia's welfare system.
See: Fact Sheet 34 Assurance of Support
Health and character requirements
Like all migrants, family stream applicants are assessed on an individual basis and they must be assessed against Australia's health and character requirements.
See:
Fact Sheet 22 The Health Requirement
Fact Sheet 79 The Character Requirement
Capping visa classes
A number of visa classes in the family stream can be subject to capping. This means that when the number of visas set by the Minister for a class for that program year has been reached, no further visas can be granted in that class in that program year.
See: Fact Sheet 21 Managing the Migration Program
Change in circumstances
There are specific provisions under migration legislation limiting opportunities for unsuccessful applicants in Australia to apply again for a visa while still in Australia.
This ensures that people do not continue to make applications solely to delay their departure from Australia.
People who are unlawfully in Australia, or no longer hold a valid visa, and who have previously been refused a visa or had a visa cancelled, have the opportunity to make an application for a limited range of visas.
This limited range provides for situations where circumstances have changed since that refusal or cancellation.
In the family stream categories, a person may be eligible to apply to remain in Australia as a permanent resident only on grounds of being an orphan relative or a dependent child, provided that circumstances have changed since the refusal of their last application.
Note: Partner visas are deliberately excluded from these arrangements. This is to prevent people who have been refused a visa from being able to use marriage or a de facto relationship with an Australian as a means of either delaying their departure or obtaining residence.
Processing priorities
Information on processing priorities is available on the department's website.
See: Fact Sheet 37 Processing Priorities
The Immigration Advice and Application Assistance Scheme (IAAAS)
Information on IAAAS is available on the department's website.
See: Fact Sheet 63 Immigration Advice and Application Assistance Scheme
Further information is available on the department's web site.
See: www.immi.gov.au
The department also operates a national telephone service inquiry line.
Telephone: 131 881
Hours of operation: Monday to Friday from 9 am to 4 pm (recorded information available outside these hours) for the cost of a local call anywhere in Australia.
Fact Sheet 29. Produced by the National Communications Branch, Department of Immigration and Citizenship, Canberra.
Revised 1 July 2009.
© Commonwealth of Australia 2009.