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Visas, Immigration and Refugees

Returning Residents

Definitions

Australian mission
An Australian Embassy, High Commission, Consulate or Consulate-General or Australian Trade Commission.
Australian permanent resident
A non-citizen who, being usually resident in Australia, is the holder of a permanent visa.
Australian Defence Service

Service in the Military Forces of the Commonwealth under a notice served under section 26 of the National Service Act 1951 as in force at any time before 26 November 1964.

It may also mean service before 19 January 1981 in the Permanent Forces or by a member of the armed forces of a foreign country on secondment to, or duty with the Permanent Forces if the member was a permanent resident of Australia during the period of service.

De facto partner

A person is the de facto partner of another person (whether of the same sex or a different sex) if:

  • they have a mutual commitment to a shared life to the exclusion of all others
  • the relationship between them is genuine and continuing
  • they live together or do not live separately and apart on a permanent basis
  • they are not related by family.

For an application for a permanent, Business Skills (Provisional), Student (Temporary), Partner (Provisional), Partner (Temporary), or a General Skilled Migration visa the de facto relationship must have existed for at least 12 months immediately preceding the date of application.

Dependant
A person who is wholly or substantially reliant on the other person for financial support to meet their basic needs of food, shelter and clothing; or wholly or substantially reliant on the other person for financial support due to their being incapacitated for work because of the total or partial loss of bodily or mental functions.
Dependant child
The child or stepchild, of a person (other than a child who has a partner or is engaged to be married), being a child who:
  1. has not turned 18; or
  2. has turned 18, and:
    1. is dependent on that person; or
    2. is incapacitated for work due to the total or partial loss of the child's bodily or mental functions.
Partner

'Partner' means your spouse or de facto partner (including same-sex partners).

Spouse

A person is the spouse of another person if they are in a married relationship. Persons are in a married relationship if:

  • they are married to each other under a marriage that is valid for the purposes of the Migration Act 1958;
  • they have a mutual commitment to a shared life as husband and wife to the exclusion of all others;
  • the relationship between them is genuine and continuing; and
  • they live together or do not live separately and apart on a permanent basis.
Step-child
In relation to a parent, means:
  1. A child of the parent who is not the child of the parent but who is the child of the parent's current partner; or
  2. A child of the parent who is not the child of the parent but:
    1. who is the child of a former partner of the parent; and
    2. who has not turned 18; and
    3. in relation to whom the parent has:
      1. a residence order in force under the Family Law Act 1975; or
      2. a specific issues order in force under the Family Law Act 1975 under which the parent is responsible for the child's long-term or day-to-day care, welfare and development; or
      3. guardianship or custody, whether jointly or otherwise, under a Commonwealth, State or Territory law or a law in force in a foreign country.
Substantive visa
A substantive visa is any visa other than a bridging visa or criminal justice visa.