Family visa

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A family visa is a type of immigration visa issued by the governments of various countries for family reunification purposes in a foreign country.

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Germany

In Germany, the Familienzusammenführung visa was created to allow family members (primarily children and spouses) of foreigners already living in Germany. [1] to reside together as a family unit. To be eligible for a German Family Reunification Visa, the applicant already living in Germany has to be a legal resident of the country. This can be achieved by obtaining a Blue Card or a Residence permit. [2] To apply for this type of visa, the applicant can report to the German embassy or consulate in their home country. [3] The required documents are Residence Permit Application Form [4] and Declaration of Accuracy of Information. [5]

For spouses applying for the visa, Germany requires the marriage certificate of the couple, proof of basic German language skills, a copy of the spouse’s passport (if they are an EU citizen) or residency permit (if they are not an EU citizen). [6]

For minors, Germany requires a letter of consent from their parents, their Birth certificate, and copies of both parents' passports. Depending on circumstances, applicants may also need proof of adoption, a custody decree (in case of divorced parents), or a parent's death certificate. The child also cannot be married, divorced, or widowed and has to be under 18 years of age. [7]

United States

Immediate relatives of U.S. Citizens can become legal residents of the United States by getting a green card [8] if they meet the eligibility requirements. [9] The United States defines immediate relatives of an American citizen as their spouse, unmarried children under 21 year of age, and their parents, provided the citizen is at least 21 years old.

The application process starts by filling out Form I-130, Petition for Alien Relative, [10] and after U.S. Citizenship and Immigration Services (USCIS) approves the petition, the foreign family member may apply for a green card. The green card application can be filed through the U.S. embassy or consulate in the applicant’s home country. Applicants who are already in the U.S. can fill out an online form available on the U.S. government website to adjust their status without leaving the country. [11]

Family members trying to get this type of visa cannot qualify as a secondary benefit based on the application of their immediate relative, they have to file their application independently.

Requirements for this type of visa

The visas for immediate relatives are always available, as there is an unlimited amount of them.

Australia

The Australian sponsored family stream visa is a type of Australian visitor visa (Subclass 600) [13] designed to facilitate family reunification by enabling Australian citizens and permanent residents to sponsor their family members for a visit to Australia. The person applying for this visa has to be outside Australia at the time of their application and has to wait while the Australian Department of Home Affairs (DOHA) decides on the application. This visa is not for the purpose of business or medical treatment, but it allows the applicant to study there for up to 3 months in total. [14]

Eligible family members who may apply include parents and grandparents, children and grandchildren, partners or spouses, siblings, aunts and uncles, and nieces and nephews. The sponsorship can be extended to family members of the sponsored relatives; for example, the Australian citizen can sponsor the spouse of their brother or sister. Excluded relationships include fiancés or fiancées, In-laws, cousins, friends, and citizens of New Zealand [15]

Each applicant must have a sponsor, who is an Australian citizen or permanent resident over the age of 18 who is either a direct relative of the visa applicant, a relative of someone in the applicant’s family, or a relative of a person in the applicant’s family, where that person is applying for a visa. [16]

Other criteria for the visa include:

Other notable Australian visa types that allow moving to Australia to live with one's family include Adoption visa (subclass 102), [18] Child visa (subclass 101), [19] Dependent Child visa (subclass 445), [20] Orphan Relative (subclass 117), [21] Parent visa (subclass 103), [22] and Partner visa (subclass 820 801). [23]

United Kingdom

The UK Family Visa was designed for those who want to establish life with their family members who are already residents or citizens of the United Kingdom. [24]

Eligible family members [25] include:

Eligibility requirements differ based on the relationship of the applicant to the UK resident. [26]

It is not possible to obtain a UK Family Visa while already living in the United Kingdom with a UK visitor visa with a validity period of 6 months or less, but this rule does not apply to a UK visitor marriage visa. Being on a temporary student visa or work visa also makes one ineligible for a UK Family Visa.

Types of the UK Family Visas

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<span class="mw-page-title-main">Green card</span> Lawful permanent residency in the United States

A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. Green card holders are formally known as lawful permanent residents (LPRs). As of 2019, there are an estimated 13.9 million green card holders, of whom 9.1 million are eligible to become United States citizens. Approximately 18,700 of them serve in the U.S. Armed Forces.

<span class="mw-page-title-main">Indefinite leave to remain</span> British immigration status

Indefinite leave to remain (ILR) is an immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK), but who has been admitted to the UK without any time limit on their stay and who is free to take up employment, engage in business, self-employment, or study. When indefinite leave is granted to persons outside the United Kingdom it is known as indefinite leave to enter (ILE).

An Application for Waiver of Grounds of Inadmissibility is an application for legal entry to the United States made by an individual who is otherwise inadmissible on one or more grounds. The application is submitted to the consular office, U.S. Citizenship and Immigration Services office or immigration court considering the immigrant visa or adjustment of status application.

A K-1 visa is a visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry, or depart the United States. Once the couple marries, the foreign citizen can adjust status to become a lawful permanent resident of the United States. Although a K-1 visa is legally classified as a non-immigrant visa, it usually leads to important immigration benefits and is therefore often processed by the Immigrant Visa section of United States embassies and consulates worldwide.

TN status is a special non-immigrant classification of foreign nationals in the United States, which offers expedited work authorization to a citizen of Canada or a national of Mexico. It was created as a result of provisions of the North American Free Trade Agreement that mandated simplified entry and employment permission for certain professionals from each of the three NAFTA member states in the other member states. The provisions of NAFTA relevant to TN status were then carried over almost verbatim to the United States–Mexico–Canada Agreement that replaced NAFTA in 2020.

The E-3 visa is a United States visa for which only citizens of Australia are eligible. It was created by an Act of the United States Congress as a result of the Australia–United States Free Trade Agreement (AUSFTA), although it is not formally a part of the AUSFTA. The legislation creating the E-3 visa was signed into law by U.S. President George W. Bush on May 11, 2005. It is widely believed to have grown out of the negotiation of a trade deal between the US and Australia.

<span class="mw-page-title-main">Parole (United States immigration)</span> Official permission to enter and remain temporarily in the U.S.

Parole, in the immigration laws of the United States, generally refers to official permission to enter and remain temporarily in the United States, under the supervision of the U.S. Department of Homeland Security (DHS), without formal admission, and while remaining an applicant for admission.

<span class="mw-page-title-main">Visa policy of Australia</span> Policy on permits required to enter Australia and its external territories

The visa policy of Australia deals with the requirements that a foreign national wishing to enter Australia must meet to obtain a visa, which is a permit to travel, to enter and remain in the country. A visa may also entitle the visa holder to other privileges, such as a right to work, study, etc. and may be subject to conditions.

<span class="mw-page-title-main">Visa policy of the United States</span> Policy on permits required to enter the United States and its unincorporated territories

Visitors to the United States must obtain a visa from one of the U.S. diplomatic missions unless they are citizens of one of the visa-exempt or Visa Waiver Program countries.

An H-4 visa is a United States visa issued to dependent family members of H-1B, H-1B1, H-2A, H-2B, and H-3 visa holders to allow them to travel to the United States to accompany or reunite with the principal visa holder. A dependent family member is a spouse or unmarried child under the age of 21. If a dependent of an H-1B, H-1B1, H-2A, H-2B, or H-3 worker is already in the United States, they can apply for H-4 immigration status by filing Form I-539 for change of status with United States Citizenship and Immigration Services (USCIS).

<span class="mw-page-title-main">Employment authorization document</span> Document issued by the United States Citizenship and Immigration Services

A Form I-766 employment authorization document or EAD card, known popularly as a work permit, is a document issued by the United States Citizenship and Immigration Services (USCIS) that provides temporary employment authorization to noncitizens in the United States.

Family reunification is a recognized reason for immigration in many countries because of the presence of one or more family members in a certain country, therefore, enables the rest of the divided family or only specific members of the family to emigrate to that country as well.

<span class="mw-page-title-main">Cuban Adjustment Act</span> 1966 US law establishing a standard for Cuban migrants and refugees to become citizens

The Cuban Adjustment Act, Public Law 89-732, is a United States federal law enacted on November 2, 1966. Passed by the 89th United States Congress and signed into law by President Lyndon Johnson, the law applies to any native or citizen of Cuba who has been inspected and admitted or paroled into the United States after January 1, 1959 and has been physically present for at least one year, and is admissible to the United States as a permanent resident.

In Australia, the 457 visa was the most common visa for Australian or overseas employers to sponsor skilled overseas workers to work temporarily in Australia. It was abolished on 18 March 2018 by the Turnbull government and replaced by another visa category. The full title of this subclass of visa was Temporary Business (Long Stay) and was introduced soon after John Howard became Prime Minister in 1996. The title of the visa was changed to Temporary Work (Skilled) (Subclass 457) visa on 24 November 2012. Applications were processed by the Department of Immigration and Border Protection (DIBP). On 18 April 2017, Prime Minister Malcolm Turnbull announced that the 457 visas will be replaced with two new visa categories.

The U visa is a United States nonimmigrant visa which is set aside for victims of crimes who have suffered substantial mental or physical abuse while in the U.S. and who are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. It permits such victims to enter or remain in the US when they might not otherwise be able to do so. An advantage that comes along with the acceptance of a U-visa is the individual will have deportation protection which is important when they are collaborating with law enforcement.

<span class="mw-page-title-main">Form I-130</span> American immigration document

Form I-130, Petition for Alien Relative is a form submitted to the United States Citizenship and Immigration Services by a United States citizen or Lawful Permanent Resident petitioning for an immediate or close relative intending to immigrate to the United States. It is one of numerous USCIS immigration forms. As with all USCIS petitions, the person who submits the petition is called the petitioner and the relative on whose behalf the petition is made is called the beneficiary. The USCIS officer who evaluates the petition is called the adjudicator.

The Legal Immigration Family Equity Act of 2000, also known as the LIFE Act and as the Legal Immigration and Family Equity Act, along with its Amendments, made some changes to laws surrounding immigration for family members of United States citizens and Lawful Permanent Residents, as well as people eligible for employment-based immigrant visas, in the direction of making it easier for family members and immigrant workers to move to and adjust status within the United States. It was passed on December 21, 2000, as title XI of Pub. L.Tooltip Public Law  106–553 (text)(PDF).

The Central American Minors (CAM) Refugee and Parole Program is a U.S. refugee and parole program established in November 2014 by the Obama administration. It is a refugee protection and family reunification pathway on which several thousand families rely and for which tens of thousands more families are technically eligible. The CAM Program was designed to permit certain children and other eligible family members to escape life-threatening danger and other humanitarian crises and to reunite with parents or relatives in the United States. This program provides certain qualified parents and legal guardians to apply for their children and other eligible family members, who are nationals of and physically present in El Salvador, Guatemala, and Honduras, to come to the United States as refugees or parolees. The CAM Program has been operational from 2014 to 2017-18 when it was terminated over a series of actions; and from 2021 to the present, when it was restarted in two phases, first for some previously closed cases and then for new applications. To date, most CAM Program beneficiaries have been Salvadoran families of Temporary Protected Status (TPS) holders, making up 86 percent of applicants from the 2014–2017. Since the Biden administration restarted the CAM Program for new applications, the CAM Program has had expanded eligibility criteria, including parents and guardians with pending asylum applications or U visa petitions, which should enable many more Guatemalans and Hondurans to apply.

<span class="mw-page-title-main">International students in Australia</span>

Australia ranked third in top study abroad destinations with a total market value of over 5 billion AUD generated by international students in 2018. In 2018, 869,709 international students were enrolled in educational programs in Australia, which was about 8.8% higher than the amount in 2017 (799,371). They come to gain a high-quality education, possibly immigrate, or to experience a different life. Each year, many new international students will enrol in Australian courses and add to the already significant international student body around the country.

An electronic visa (E-Visa) and an electronic travel authorization are digital travel permits commonly required in conjunction with a valid passport for entry into specific jurisdictions. These electronic travel documents have gained prominence in the modern era of digital connectivity and streamlined travel processes.

References

  1. ↑ "Familienzusammenführung Visum: Voraussetzungen & Tipps". www.axa-schengen.com.
  2. ↑ "Entry and residence". Federal Ministry of the Interior and Community. Retrieved 1 February 2024.
  3. ↑ "Family Reunion". www.germany.info. Retrieved 3 January 2024.
  4. ↑ "Residence Permit Application Form" (PDF). germany.info.
  5. ↑ "Declaration of Accuracy of Information" (PDF). germany.info. Retrieved 1 February 2024.
  6. ↑ "German Family Reunion Visa to Join a Relative or Partner in Germany". www.germany-visa.org. Retrieved 2 January 2024.
  7. ↑ "Family reunion for children". www.make-it-in-germany.com.
  8. ↑ "How to get a Green Card | USAGov". www.usa.gov.
  9. ↑ "Green Card for Immediate Relatives of U.S. Citizen | USCIS". www.uscis.gov. 10 February 2023.
  10. ↑ "Petition for Alien Relative | USCIS". www.uscis.gov. 30 January 2024.
  11. ↑ "Adjustment of Status | USCIS". www.uscis.gov. 27 December 2022. Retrieved 1 February 2024.
  12. ↑ "Family-based immigrant visas and sponsoring a relative | USAGov". www.usa.gov.
  13. ↑ "Subclass 600 Visitor visa". immi.homeaffairs.gov.au. Retrieved 1 February 2024.
  14. ↑ "Visitor visa (subclass 600) Sponsored family stream". immi.homeaffairs.gov.au. Retrieved 3 January 2024.
  15. ↑ "Visitor visa (subclass 600)". Australian Migration Agents and Immigration Lawyers Melbourne | VisaEnvoy.
  16. ↑ "Getting an Australia Tourist Visa Through the Family Sponsored Stream". visaguide.world.
  17. ↑ "Health requirements". immi.homeaffairs.gov.au. Retrieved 1 February 2024.
  18. ↑ "Adoption visa (subclass 102)". immi.homeaffairs.gov.au.
  19. ↑ "Child visa (subclass 101)". immi.homeaffairs.gov.au.
  20. ↑ "Dependent Child visa (subclass 445)". immi.homeaffairs.gov.au.
  21. ↑ "Orphan Relative (subclass 117)". immi.homeaffairs.gov.au.
  22. ↑ "Parent visa (subclass 103)". immi.homeaffairs.gov.au.
  23. ↑ "Partner visa (subclass 820 801)". immi.homeaffairs.gov.au.
  24. ↑ "Family visas: apply, extend or switch". GOV.UK. Retrieved 4 January 2024.
  25. ↑ "UK Family Visas | Apply for a UK Visa for your Family". London Immigration Lawyers.
  26. ↑ "Family Visa | Join Your Family in the UK | Application Assistance". Immigration Advice Service.
  27. ↑ "Check if your family members can get pre-settled status or settled status". Citizens Advice.
  28. ↑ "UK Parent Visa | Eligibility and How to Apply | IAS". Immigration Advice Service.
  29. ↑ "Child Dependant Visa UK | Help With Bringing Your Child to the UK". Immigration Advice Service.
  30. ↑ "Adult Dependent Relative Visa Guidance 2024 | Immigration Barristers". Richmond Chambers. 10 January 2024.
  31. ↑ "Relationship Breakdown – how does this affect your UK visa? | Ashfords". www.ashfords.co.uk.
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