Immigration Laws a Minefield for a Migration Sponsor

There have been many wildly inaccurate and often hysterical claims made in the media regarding immigration laws and practices in Australia. The divisive nature of the national debate does not take into account the complexity of the immigration laws, and many a migration sponsor must be caused a great deal of anxiety while a migration application is being processed, especially if the person in question is a minor. The facts are that only an Australian or New Zealand citizen or permanent resident can bring a child into Australia, and success is dependent on ensuring that the correct visa subclass is applied for at the outset.

These matters are very complex, and the consequences of making a mistake too dire to be left to inexperienced people to arrange. When a minor is involved, the adults taking control of the situation must first be looking after the wellbeing of the minor, so anyone considering being a migration sponsor should consult specialist lawyers Sydney before taking action.

As an example, one issue that a migration sponsor may not be aware of in respect of a child under 18 is that another party who is not the sponsor, but who has the right to determine where the child resides must give permission for the child to migrate to Australia. However, there are certain circumstances where a Court can issue an order to allow migration. There are no exceptions, however, to the child meeting the health and character requirements, and if they are over 18, they must read the book 'Life in Australia' and sign a statement confirming that they will obey and respect Australian laws and values.

There are several visa subclasses and care must be taken to apply for the applicable one. In the case of visa subclass 802 and 101, the child referenced in the application must be under 25 years of age. If the child is 18 years or over, they must be a full-time student and be financially dependent on the sponsoring parent. Where the child has a medically proven disability that would prevent them from working, those provisions may not apply.

An Orphan Relative visa subclass 837 or 117 can be made where the parents have passed away, are incapacitated or missing and no-one can care for the child. However for this visa the child must be under 18. The child must also have relatives in Australia willing to sponsor the child such as aunts, uncles, siblings, grandparents, nieces or nephews. A spouse of one of these relatives can also apply to be a migration sponsor. Lawyers Sydney will assist them to arrange an Orphan Relative visa application.

There are two other requirements that must be met. All documentation must be provided and fees paid to the Department of Immigration and Citizenship as required. A child 18 years of age or older must not have been engaged, married or part of a de facto coupling.

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