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Fact Sheet 32 - Family Stream Migration: Other Family

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The family stream of Australia's Migration Programme enables close family members such as partners, fiancés and dependent children to be reunited in Australia. The programme also includes certain other family members such as parents, orphan relatives, carers, aged dependent relatives, and remaining relatives.

This fact sheet covers the migration arrangements for the Other Family category, which includes aged dependent relatives, remaining relatives and carers.

General information on the family stream is also available.
See: Fact Sheet 29Overview of Family Stream Migration

Aged dependent relative

An aged dependent relative is a person who is old enough to be granted an Australian age pension, who is single and remains dependent on an Australian relative.

The age at which a person can be granted an age pension is contained in the Social Security Act 1991.

The relative in Australia must be a child, parent, brother or sister, grandchild, uncle or aunt, niece or nephew (or step-relative equivalent) of the applicant.

Aged dependent relatives must demonstrate that they are wholly or substantially dependent on the Australian relative for financial support for basic needs of food, shelter and clothing. The support must have been provided for a reasonable period, normally three years.

Remaining relative

A remaining relative is a person who, together with their partner, has no near relatives living outside Australia and is the brother, sister, child or step equivalent of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

An applicant and their partner (if any) must not have any near relatives, other than those who  are usually resident in Australia as Australian citizens, Australian permanent residents or eligible New Zealand citizens. A near relative is a parent, sibling, non-dependent child or step equivalents. There is no consideration taken of the level of contact or quality of the relationship between the applicant and an overseas near relative.

An Australian relative who has previously been granted a Preferential Family (subclass 104) visa, Remaining Relative (subclass 115) visa, Family (subclass 806) visa or Remaining Relative (subclass 835) visa cannot sponsor an applicant for a Remaining Relative visa.

An Australian relative who has previously sponsored a successful applicant for a Preferential Family (subclass 104) visa, Remaining Relative (subclass 115) visa, Family (subclass 806) visa or Remaining Relative (subclass 835) visa cannot sponsor an applicant for a Remaining Relative visa.

An Australian relative's partner cannot act as the sponsor if the Australian relative was granted or has previously sponsored/nominated a successful applicant for a Preferential Family (subclass 104) visa, Remaining Relative (subclass 115) visa, Family (subclass 806) visa or Remaining Relative (subclass 835) visa.

An Australian relative's partner cannot act as the sponsor if the partner has previously sponsored/nominated a successful applicant for a Preferential Family (subclass 104) visa, Remaining Relative (subclass 115) visa, Family (subclass 806) visa or Remaining Relative (subclass 835) visa on behalf of the Australian relative.

Carer

Carers are people who are willing and able to give substantial and continuing assistance to an Australian relative (or member of their family unit), who has a need for direct care because of a medical condition that impairs  their ability to attend to the practical aspects of daily life. The person requiring care must also be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

An Australian relative may be either the partner of the person, their child, parent, brother, sister, grandparent, grandchild, aunt, uncle, niece, nephew or step equivalent.

The need for assistance must be likely to continue for at least two years. It must also be shown that the assistance being offered cannot reasonably be provided by any other relative in Australia, or obtained from welfare, hospital, nursing or community services in Australia.

An assessment of the Australian relative's medical condition must be made by Medibank Health Solutions. Evidence that the Australian relative has made contact with Medibank Health Solutions to commence the process of seeking this assessment, booked an appointment for, or has undertaken the relevant medical examination must be provided with the application for it to be considered validly lodged.

Sponsorship

All applicants in the Other Family category, whether they apply in or outside Australia, must be sponsored by an eligible Australian relative or their cohabiting partner.

The sponsor must be either an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and must be 18 years of age or older.

It is not possible to change the sponsor of a Carer or Aged Dependent Relative visa once an application has been lodged and before it is finally determined.  The sponsor of a Remaining Relative visa application however, can be changed at any time before the visa application is finally determined.

Waivers of certain sponsorship restrictions are only available in limited circumstances.

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.

All applicants for Aged Dependent Relative and Remaining Relative visas are subject to a mandatory AoS.
See: Fact Sheet 34Assurance of Support

Capping and queuing

A number of visa classes in the family stream can be subject to capping. This means that once the number of visas set by the minister for a visa class for that financial year has been reached, no further visas can be granted in that class in that financial year.

Other family visa categories are subject to capping.
See: Fact Sheet 21Managing the Migration Programme

Fact Sheet 32. Produced by the National Communications Branch, Department of Immigration and Border Protection, Canberra.
Last reviewed December 2013.

Last reviewed Friday 03 January 2014

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