Humanitarian program – split family provisions

To be eligible, the child must be dependent on the parent, under 25, be the natural, adopted or step child of their sponsor-parent who must be an Australian citizen, permanent resident or eligible New Zealand citizen and must act as a sponsor for the child. The child must also be single.

With this visa the child can live permanently in Australia and travel to and from Australia for 5 years from the date of the visa grant.

Is for the immediate family members of people granted any permanent humanitarian visa (including Protection and Resolution of Status visas) in the last five years.

‘Immediate family’ means you are the spouse, de facto partner (including same-sex partner), dependent child (step-child) or in certain circumstances a parent (step-parent) of the person in Australia who is proposing your entry.

You can only apply as a parent under these ‘split family’ provisions if your child in Australia is under 18 years of age

To be considered as the immediate family member of a humanitarian visa holder, applicants must satisfy the following:

on the date of the grant of the proposer’s Permanent Protection, Resolution of Status or Humanitarian visa, the applicants overseas must have been a member of the proposer’s immediate family
the applicant’s relationship to the proposer must have been declared to the department before the grant of the proposer’s visa
the offshore application must be made within five years of the grant of the proposer’s visa
the applicant must continue to be a member of the proposer’s immediate family
the applicant and proposer must not have arrived in Australia as an Irregular Maritime Arrival on or after the 13 August 2012.

Only proposer who:

holds a permanent humanitarian visa (includes Permanent Protection visas), and
did not arrive in Australia as an Irregular Maritime Arrival on or after 13 August 2012

may propose their immediate family members for entry to Australia through the offshore Humanitarian Program.

Generally, visas for immediate family members are granted in the same category as the proposer’s visa.

Family Law