Family reunification is a term usually used in association with refugees and the Humanitarian visa program. The demand for family reunification under this program is very high. Refugees previously resettled to Australia or others who have been granted permanent protection can apply for their family to be reunited with them in Australia. The Global Special Humanitarian Program is the category for proposing both ‘close’ and ‘extended’ family members. The way a refugee arrived in Australia will impact an application for this visa in the following ways: Whether they are eligible to apply for family reunification under the Humanitarian Program and how fast the application will be processed. Currently, refugees who arrived in Australia by sea without a visa on or after 13 August 2012 are not able to propose family members for resettlement to Australia under the Humanitarian Program. These people are called Illegal Maritime Arrivals.
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What are the limitations of the Australian family reunification visa?
Can I apply for a family reunification visa to be reunified with my uncle (and legal guardian) who’s lived in Australia for over 20 years now? What should I show to qualify?
Answers
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There are several visa options available for applicants looking for relative sponsored visa to Australia. These visas can be temporary or permanent visas depending on the reason you want to stay with your uncle in Australia. Temporary visas are usually subclass 600 tourist stream or the family sponsored stream. If you want to live permanently with your uncle, then you may need to qualify as a Carer (subclass 116), Remaining relative (subclass 115), or for the orphan relative (subclass 117) visa depending on your circumstances. As a skilled migrant, if you qualify and meet certain requirements can also apply for relative sponsored subclass 491 visa, which is a pathway for permanent visa. Thus depending on your purpose of stay in Australia, you can apply for various types of visa.
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There is no longer a family reunification visa as in time past. There is only a remaining relative visa or aged dependent relative visa, and you will need to prove an onerous amount of evidence that you or your partner are the only relative remaining outside of Australia. This means you have no other near relative living outside of Australia, including parent/step parent/partner's parent/step parent, sibling/step sibling, child or stepchild 18 or older and not dependent on you, or child/stepchild who is under 18 and not in your or your partner's daily care and control outside of Australia apart from your uncle. If you are applying for an aged dependent relative visa, you must also have no partner, be of pensionable age and prove ongoing dependency on the relative who is sponsoring you from Australia from at least 3 years prior. Both these visas have a very long processing period from 15-25 years upwards as the quota for these visas is extremely low per year.