Dependent Visa

A dependent visa, known by various names officially, grants the dependents of a lawful resident (permanent/temporary) the rights to enter and reside in a country.

If you are the partner or dependent child under 18 of a lawful resident who is in or going to a foreign country in most visa categories, you can apply for a visa to join them.

Generally, the primary applicant will need to prove that they can support the dependent and themselves without needing state benefits or other public funds. You will need to show that:

• You intend to live with the primary applicant during their stay, and your relationship is genuine (not a ‘marriage of convenience’), if you are their partner; or
• You have not formed an independent family unit and are not leading an independent life, if you are their child aged under 18.

The process can be long, and may seem difficult, but by following the proper channels at the proper time, a lot of anxiety can be avoided.

Canada Dependent Visa

People working or residing in Canada either under a permanent or temporary visa can get their spouse/common law partner, parents and dependent children to stay with them in Canada under a dependent visa. However, if the dependents want to work they have to apply for a work permit.

To be able to sponsor, one must fulfil the following criterions,

1. Must have a valid work permit/ permanent visa
2. Must be able to prove that the sponsor will be able to financially support them

The Canadian government emphasises certain requirements which have to fulfilled in case one has to apply for Dependent visa,

1. In case of applying for spouse, one has to provide official proof to validate the marriage,
2. In case of dependent children, one has to provide proof that the child is less than 22 years old and is a student hence dependent on a parent for financial support,
3. In case of applying for common law partner, one has to provide proof that the applicant and sponsor are in a relationship and are staying together at a common address. The applicants also have to provide an undertaking.

Australia Dependent Visa

As an Australian citizen or a permanent resident one can sponsor one’s spouse/ de-facto partner, children and parents to live in Australia.

Australia Partner Visa:

This allows the spouse or the de-facto partner of an Australian citizen or permanent resident or an eligible New Zealand citizen to live in Australia. The applicant can choose to apply based on,

1. Partner Visa Subclasses 309 and 100 – if one is outside Australia while applying
2. Partner Visa Subclasses 820 and 801 – If one is applying in Australia (the average processing time for the same is between 12 to 15 months)

Partner Visa Subclasses 309 and 100

Partner Visas Subclass 309 is the first step that paves the way for securing a Partner Visa Subclass 100. The applicant has to file one application for both the visas which are processed about 2 years apart. However, the applicant has to be outside Australia when applying for and also when the Partner Visas Subclass 309 is granted. However, the applicant can be in or outside Australia when Partner Visa subclass 100 is granted.

The applicant however have to fulfil the below mentioned criterion to apply for the Partner Visa Subclass 309,

• Married applicants – the applicant must be married to the sponsor and the same must be valid as per Australian law (same-sex, underage and polygamous marriages are not legal).
• De facto applicants – The de facto relationship must have existed for at least 12 months immediately before you apply for this visa. Time spent dating does not count towards the length of your de facto relationship.

Applicants also need to meet certain health requirements as well as character requirements.

Partner Visa Subclasses 820 and 801

Partner visa subclass 820 is the first stage towards a permanent Partner visa (subclass 801). The applicant must be in Australia when applying for the visa as well as when the outcome of the visa is decided.

The applicant however have to fulfil the below mentioned criterion to apply for the Partner Visa Subclass 820,

• Married applicants – the applicant must be married to the sponsor and the same must be valid as per Australian law (same-sex, underage and polygamous marriages are not legal).
• De facto applicants – The de facto relationship must have existed for at least 12 months immediately before you apply for this visa. Time spent dating does not count towards the length of your de facto relationship.