Humanitarian Visa Program: Split-Family Applications
The Split-Family Provisions allow Australian citizens or permanent residents who hold or have held a Refugee or Humanitarian visa to propose an immediate family member living outside Australia for a Refugee or Humanitarian visa.
Who qualifies as an immediate family member?
Immediate family members include:
Spouse
De facto partner
Dependent child
Parent (if the proposer is under 18)
What are the eligibility criteria for the Split-Family Provisions?
To be eligible for a visa under the Split-Family Provisions, the following conditions must be met:
Notification Requirement: The proposer must have informed the Department of Home Affairs about the family member before being granted their Refugee or Humanitarian visa.
Immediate Family Status: The visa applicant must have been a member of the proposer’s immediate family when the proposer was granted their visa and must continue to be so when the decision is made.
Application Timeline: The application must be submitted within 5 years of the proposer’s visa being granted.
Arrival Condition: The proposer must not have arrived in Australia by boat as an unauthorized maritime arrival on or after 13 August 2012.
Are there restrictions on any visa applications for split family provisions?
Yes, women granted a Woman at Risk visa (Subclass 204) cannot propose their spouse or de facto partner within five years of their visa grant if:
Their spouse or de facto partner was divorced or permanently separated from them at the time the visa was granted, or
The relationship was not disclosed to the Department of Home Affairs.
It is advisable for women in this situation to seek legal advice before proposing or sponsoring a partner.
Who is considered a ‘dependent child’?
A child or step-child is classified as a ‘dependent child’ if they meet the following criteria:
They have not turned 18 years old; or
They have turned 18 years old and:
Are wholly or substantially reliant on the proposer for financial, psychological, or physical support, or
Are incapacitated for work due to total or partial loss of bodily or mental function.
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How Can Agape Henry Crux Help
It is essential to prioritise your safety above all else, and the Split-Family Applications offer a pathway for family reunification for those with Refugee or Humanitarian visas. At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents specialise in handling highly complex matters. To seek professional advice, you may schedule an appointment with one of our lawyers or agents by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.