FAMILY SPLIT PROVISIONS
Did you arrive in Australia on the humanitarian program?
Have you been separated from your immediate family?
If you answered yes to both those questions, then you might be interested in knowing that members of your immediate family may be eligible to immigrate to Australia under the family split provisions.
Who is your immediate family? Your immediate family includes: (a) a spouse or de facto partner; *or (b) a dependent child; or (c) a parent if you are younger than 18 years
* exceptions apply if you arrived in Australia under a Woman in Risk visa (subclass 204)
Who is eligible under the split family provisions?
In order for members of your immediate family to be eligible for the family split provisions under the humanitarian program:
(1) they must have been a member of your immediate family when you were granted one of the following visas:
• Permanent Protection visa (subclass 866) • Resolution of Status visa (subclass 851) • Special assistance visa • a Class XB visa (200, 201, 202, 203, or 204)
(2) you declared this relationship before your visa was granted to the Department of Immigration; (3) the application is made within five years of your visa being granted; (4) they are still a member of your immediate family; and (5) you did not arrive in Australia as an illegal maritime arrival on or after 13 August 2012.
What kind of visa will your immediate family receive?
If members of your immediate family are applying for a visa under these provisions meet all the legal criteria then they will be granted the same visa as you arrived in, if you are a Class XB visa holder. Under Class XA visas your immediate family members will not be required to demonstrate humanitarian claims.
If you arrived in Australian under a Class XA visa, for example a permanent protection visa then members of your immediate family will be granted a Global Special Humanitarian visa (subclass 202).
What other visa options are there?
There are also other visa options that your family may be eligible for, such as family visas, partner visas and skilled visas.
For more information on reuniting with your immediate family, contact us.
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The Australian visa process can be complex and confusing; our lawyers work with you to guide you through every step of the way.
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