I'm a foreign investor from a non-EU country looking to move to Australia with my family which comprises of my same sex partner of many years and two adopted children. What visa options would you advise me?
Your partner and children can be included as dependent applicants in your Investor visa application. If not married, you will need to include evidence of your relationship, and evidence that you and your partner are the legal guardians of your adopted children.
Yes, investors visas subclass 188 does permit one to bring their families to Australia. The partner can be same sex, and children can be adopted children.
Australia is a pro LGBGT country, similar to the EU. As long a the members of the family unit are clearly identified, then the investment visa will be suitable for you.
In broad terms, main applicants are able in include same-sex partners in their applications if they are able to give evidence that they are in a de facto relationship. The relationship should be at least 12 months in duration. There should be evidence that the relationship is mutually exclusive, and is genuine and continuing. Evidence can include financial aspects, nature of the household, social aspects of the relationship and the nature of your commitment.
I have assisted many same-sex couples with migration to Australia, and couples with adopted children and children through surrogacy arrangements. Most of the visas for Australia, including the business and investment visas under subclass 188, allow for secondary applicants to be included where they meet the definition of a member of the family unit of the primary applicant. A partner can be recognized, whether married or de facto; generally, where the couple are not married but have been in an established relationship for 12 months or more, both options recognize same-sex couples. Adopted children through a recognized adoption process (in addition to certain culturally recognized adoptions) can be included as part of the migration family unit as well. In summary, the circumstances you describe do not limit your visa options and you can explore any of the investment visas. There are two investment visas available: the subclass 188 Investor which requires a 2.5 million Australian dollars investment, and the subclass 188 Significant Investor stream which requires a 5 million Australian dollars investment. Both streams require the investment to be made in a complying significant investment which involves three funds: 20% in a venture capital fund, 30% in a share fund, and the remaining 50% in a balancing fund. The major difference between the streams is that the $2.5 million Australian dollars Investor stream requires the funds to be earned through business or investment ownership and management, no other sources can be considered. For the $5 million Australian dollars Significant Investor stream, the funds can be from any legally earned or acquired source, including gifted and inherited assets.
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