Major change to Australian Travel Exemptions - Immediate Family Members can Reunite for Christmas

From 1 November 2021, the definition of ‘immediate family member’ will include the parents of adult Australian citizens and permanent residents. This is for the purpose of assessing exemptions to Australia’s travel restrictions only.

A person is considered an adult if they are aged 18 years or over.

The definition of parents of Australian citizens and permanent residents includes:

• biological parents
• legal (including adoptive) parents
• step-parents
• parents in-law.

Note: If the parent of an Australian citizen or permanent resident, as defined above, is in a de facto relationship, you must provide evidence of the de facto relationship in order to be considered under this category.

You will need to provide evidence of:

• your adult child’s Australian citizenship or permanent residency; and
• your parental relationship to the Australian citizen or permanent resident.

Major change to reunite families for Christmas

Entry to Australia remains controlled to help prevent the spread of COVID-19. You can only travel to Australia if you are exempt or you have been granted an individual exemption.

You can travel to Australia if you are an immediate family member of:

• an Australian citizen
• an Australian permanent resident (permanent visa holder)
• a New Zealand citizen who is usually resident in Australia.

You are only considered to be an immediate family member if you are:

• a spouse
• a de facto partner
• a dependent child
• a parent/legal guardian of a dependent child
• a parent of an adult Australian citizen or permanent resident (available from 1 November 2021).

You must apply for a travel exemption before you travel if you:

• do not hold a visa
• hold a temporary visa, other than a temporary Partner (subclass 820 or 309) visa or a temporary Child (subclass 445) visa
• hold a Prospective Marriage (subclass 300) visa. Exemption requests will be considered on a case-by-case basis. An intention to marry is not enough evidence to show that you are an immediate family member of an Australian citizen or permanent resident or New Zealand citizen who is usually resident in Australia.
  • information regarding the applicable individual exemption criteria for subclass 300 visa holders can be found at travel restrictions and exemptions.

When you apply for a travel exemption, you must provide the Department evidence of your relationship. Please refer to ‘Examples of evidence that you can provide’ below for more information.  

Select ‘Apply for travel exemption’ at the bottom of this page to apply for a travel exemption and provide evidence of your relationship.

You will not be able to travel to Australia unless you have applied for and been granted a travel exemption. You will also need a valid visa to enter Australia.

Note: Partner (subclasses 100, 309, 801 and 820) and Child (subclasses 101, 102 and 445) visa holders do not need to apply for a travel exemption.

Immediate family member of an Australian citizen or permanent resident or New Zealand citizen usually resident in Australia

Examples of evidence that you can provide

You need to provide evidence of your:

•  immediate family member’s Australian citizenship or permanent residency, or
•  immediate family member's status as a New Zealand citizen usually resident in Australia.

Examples of evidence that you can provide include:

• Australian passport, Australian citizenship certificate and/or Australian birth certificate
• evidence of permanent residence in Australia
• evidence of New Zealand citizenship and usual residency in Australia; and
• evidence of your relationship to the Australian citizen, permanent resident or New Zealand citizen who is usually resident in Australia.

Below you will find examples of the types of evidence that you can provide for Parents, Spouse, De facto partner and Dependent child and Guardian relationships.

1) Parent of an adult Australian citizen or permanent resident

Examples of evidence that you can provide include:

• Evidence that your adult child is an Australian citizen or permanent resident, such as:
  • Australian passport
  • Australian citizenship certificate
  • Australian birth certificate
  • evidence of permanent residence in Australia.

AND

• Evidence of your parental relationship with the Australian citizen or permanent resident, such as:
  • birth certificate
  • adoption certificate
  • marriage certificate, or evidence of your de facto relationship (see de facto partner evidence below)
  • family status certificate or family book if officially issued and maintained.

2) Spouse

Examples of evidence that you can provide include:

• marriage certificate or other evidence that your marriage is valid in Australia
• evidence of a mutual commitment between the parties to the exclusion of all others, such as combined personal matters.  This could include, but is not limited to, shared bank statements, loan agreements, utility bills, property contracts
• evidence of a genuine and continuing relationship, including documents that verify the length of the relationship
• evidence of a shared household showing that the individuals are living together, or don’t live apart permanently. This could include, but is not limited to, documents that show living arrangements or household bills are in both names
• shared responsibility for care and support of children.

3) De facto partner

Examples of evidence that you can provide include:

• evidence of a genuine and continuing relationship over a substantial period of time, including documents that verify the length of the relationship
• evidence of a mutual commitment between the parties to the exclusion of all others, such as combined personal matters. This could include, but is not limited to, shared bank statements, loan agreements, utility bills, property contracts
• shared responsibility for care and support of children
• evidence that the relationship has been declared to and accepted by other government bodies, public institutions and authorities, including the date it was declared
• evidence of a shared household, the individuals are living together, or don’t live apart permanently, including the timeframe they have been living together. This could include, but is not limited to, documents that show living arrangements or household bills are in both names.

4) Dependent child

Examples of evidence that you can provide for children under 18 years of age include:

• identity documents that prove the relationship between the dependent child and the Australian citizen, permanent resident or New Zealand citizen who is usually resident in Australia, such as a birth certificate that lists the names of both the child and the parent/s
• adoption papers or court orders, if applicable
• proof of sole custody, if applicable.

Examples of evidence that you can provide for children who are 18 years of age or over include:

• evidence demonstrating that the child who is 18 years of age or over is completely or substantially reliant on their parent(s) for assistance, including:
  • financial
  • food, clothing and lodging
  • medical and educational costs
• evidence demonstrating dependence on parents has continued for a substantial period of time
• evidence from a medical expert demonstrating dependence on parent(s), if applicable.

5) Parents and Legal Guardians of dependent children

A guardian, in relation to a child, is a person who has responsibility for the long-term welfare of the child and has all the powers, rights and duties vested by law or custom in the guardian of the child, and may also have:

• the right to have the daily care and control of the child, and
• the right and responsibility to make decisions about the daily care and control of the child

Evidence in the form of your child's birth certificate or legal documentation relevant to your case may be provided.

Things to consider when supplying evidence

When assessing exemption requests, the following information will not be considered in your favour:

• false or misleading information and documents representing circumstances that never existed or no longer exist 
• inappropriate images.

Providing ineligible, irrelevant, unreadable and/or duplicate information will delay the assessment process.

Information and documents should be written in English or accompanied by appropriate English translations.

Chat logs and/or social media posts may not, on their own, be enough evidence of co-habitation and may not prove a mutual commitment to an ongoing relationship. Applicants should consider providing other kinds of evidence to prove those matters.

If you don’t have a visa

You cannot come to Australia until you have a visa. More information about getting a visa to Australia can be found at Explore visa options with No Borders Law Group.

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Need help with getting Australian Visas?

NO BORDERS LAW GROUP: #1 TRUSTED MIGRATION LAWYERS

Email: service@noborders-group.com

Tel:  +61 (07) 3876 4000

Consultation:  https://www.noborders-group.com/form/free-consultation

We will help you by exploring visa options and securing applications. We will assess the eligibility of the application for a partner visa, and provide you with detailed advice on your chances of success. If you would like to discuss your visa options and evaluate the pathway to permanent residency, please make an enquiry or book a consultation to get expert advice with one of our knowledgeable and experienced Migration Agents/Lawyers on 07 3876 4000 or email: service@noborders-group.com.