Fact Sheet 32 - Family Stream Migration: Other Family

The family stream of Australia's Migration Program enables the reunion in Australia of close family members such as partners, fiancés and dependent children. It 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 Other Family, which includes aged dependent relatives, remaining relatives and carers.

General information on the family stream is also available.
See: Fact Sheet 29 - Overview 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.

For men the qualifying age for an Australian age pension is 65 and for women it is gradually being increased from 60 to 65.

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.

The aged dependent relative must demonstrate that they are wholly or substantially dependent on the Australian relative for financial support for the 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 has no close family ties 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 partner (if any) must not have any near relative, other than a near relative who is usually resident in Australia and is an Australian citizen, Australian permanent resident or an eligible New Zealand citizen. A near relative is a parent, sibling, non-dependent child or their step equivalent.

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

An Australian relative who has previously sponsored a successful applicant for a Subclass 104 (Preferential Family) visa, Subclass 115 (Remaining Relative) visa, Subclass 806 (Family) visa or Subclass 835 (Remaining Relative) 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 Subclass 104 (Preferential Family) visa, Subclass 115 (Remaining Relative) visa, Subclass 806 (Family) visa or Subclass 835 (Remaining Relative) visa.

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

Carer

A carer is a person willing and able to give substantial, continuing and direct assistance to an Australian relative (or member of their family unit) who has 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 the partner of the person, or child, parent, brother or sister, grandparent, grandchild, aunt or uncle, niece or 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 within Australia.

An assessment of the Australian relative's medical condition must be made by Health Services Australia (HSA). Evidence that the Australian relative has either an appointment for or undertaken a medical examination with HSA must be provided with the application.

Sponsorship

All applicants in the Other Family category, whether they apply within or outside Australia, must be sponsored.

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

The sponsor of a Remaining Relative visa application can be changed at anytime before the visa application is finally determined.

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 required (mandatory) AoS.
See: Fact Sheet 34 – Assurance of Support

Capping visa classes

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 program year has been reached, no further visas can be granted in that class in that program year.

Other Family visa categories may be subject to capping.
See: Fact Sheet 21 – Managing the Migration Program

 

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 32. Produced by the National Communications Branch, Department of Immigration and Citizenship, Canberra.
Last Reviewed 9 November 2009.

© Commonwealth of Australia 2009.