How can I bring my refugee family here?

How to apply to bring your family to Australia.

About the Refugee Service

The Refugee Service is a specialist service of Legal Aid NSW. Our lawyers assist refugee clients and communities with problems like immigration, housing, Centrelink, debts, separation and divorce. Our service is free and confidential. See below for how to contact us. 

Can I bring my refugee family to Australia? 

You can ask to bring your family to Australia by applying for a refugee visa for them through the Australian Government’s Refugee and Humanitarian Program.

You can do this if:

  • you are an Australian permanent resident or Australian citizen, and
  • your family:
    • is outside their home country, and
    • there is no other country where they can live safely and permanently.

If they are in their home country and there is no other country where they can live safely and permanently, you can make a ‘split family’ application. We tell you what a ‘split family’ application is on page 11 of this brochure.

Applications for a refugee visa are made to the Department of Home Affairs.

We call them Home Affairs in this book.

  • Important! You should talk with an immigration lawyer before you use this information if

    • you came to Australia by boat and you hold an 866 visa
    • your family are living safely in another country, or
    • your family have been refused a visa before.

You need:

  • One passport style photograph of each family member who isincluded in the application.
  • Certified copies of any identity documents your family has. For example:
    • Passports
    • Birth certificates
    • Identity cards
    • Citizenship documents
    • Marriage certificates
    • Death certificates

A certified copy means that a lawyer or another person who is authorised must look at the original document and then write on the photocopied document that it is a true copy. The documents can be certified overseas or in Australia. If it is hard to get this done, don’t worry. Just include a copy of the document.

Documents that are not in English must be translated. Documents can be translated overseas or in Australia.

If a family member has no documents, they need to explain why they don’t have any documents. They might have lost them, or had them stolen, or maybe they were never issued any documents in their own country. Even if they do not have documents, you can still make the application for the visa.

If your family is registered with an organisation like the UNHCR, Red Cross, Red Crescent, or International Organisation for Migration (IOM), you should get a copy of that registration as well and include it with the application.

The forms you need are:

FormWho should sign it
Form 842Your family overseas
Form 681You. Or, if your family has a closer relative who is an Australian permanent resident or citizen, that person. 

You can get these forms from:

Do not use old forms.

You must complete the forms in English. If your family writes their answers in their own language you must have the answers translated. If your English is good enough, you can do this yourself. You don't need to get an official translation. 

 

If only one person has a problem, then just that person needs to write a statement. The written statement is the story of the problems your family had in their home country, what they are afraid of in their country, and why they cannot return safely.

It may seem obvious why they would not be safe. But it is important to give details because Home Affairs uses the statement to work out how quickly to decide the application and whether to give your family a visa.

They can write the statement in their own language and then get it translated into English. You can translate it yourself. You don’t need an official translation.

The statement should say:

  • When the problems started (the first time they had problems).
  • What happened to them and who caused the harm to them.
  • How they were harmed.
  • Did they ask for help from the authorities or police in their country? Ifthey didn’t ask for help, why not?

The statements must:

  • must talk specifically about them, not not the general problems in their country, and
  • give detailed descriptions of names, places and times.

This part of the statement is very important, particularly if they have been outside their country for a few years. It is important that the Department of Home Affairs understands why they would be at risk of harm if they returned.

They must describe every different type of possible harm that could happen to them in the future.

If they fear more than one thing happening, they must describe each thing that might happen.

This is a very important part of their statement. If they don’t tell the Department of Home Affairs what will happen to them if they go back to their own country in lots of detail it makes it hard to get a visa. It is not enough to just say that it will be hard for them because they have no home, or no money, or there are no jobs.

Your family must give details of all the people they think will harm them. For example, if they fear harm from:

  • a militant or religious group, they need to say the name of the group.
  • individuals, they need to say their names.
  • a few different groups or individuals, they should name all of them.

The statements also need to say why these people will want to harm them. They should say if the reasons they will be harmed are because of their nationality, ethnicity, religion, political opinion or some other reason.

If it is the government of their country, they should say why the government will harm them.

If you can, get at least the statements checked by an immigration lawyer before you send the forms to the Department of Home Affairs.

The Refugee Service at Legal Aid NSW can give you free and private legal advice but we cannot check your forms.

We can talk to you about what you need to put into the statement to be included with the application (Step 3) to make sure you include everything that is relevant. See below for our contact details and how to make an appointment with the Refugee Service..

Keep a copy of the application and all the documents that go with it.

Send the application and documents to:

Department of Home Affairs
Special Humanitarian Processing Centre
GPO Box 9984
SYDNEY NSW 2001

You can also apply for this visa online but only if everyone included in the application has a passport photograph that they can electronically attach to the application.

Go to https://immi.homeaffairs.gov.au

If you do decide to apply online, follow the instructions to complete the online application form and upload your completed forms, documents and photographs. Then click the ‘Submit’ button.

You can ask to bring your husband, wife, partner or dependent children (or if you are under 18, your parents) to Australia through the split family program if you were given a refugee, humanitarian or protection visa in the last five years, and:

  1. your husband, wife, partner, children, or parent (if you’re under 18) are still living in their home country, or living outside their home
  2. You told the Department of Home Affairs about your family BEFORE you got your own visa.

To apply for this type of visa, you use the same forms (681 and 842), but you need to say it is a ‘split family’ application on the Form 842.

There is a question on the form that asks if this is a split family application and you need to tick ‘Yes’.

For these applications, your family does not have to write their statement about what might happen to them and why they are a refugee. They do not have to prove that they are a refugee. They just need to prove they are related to you, and you told Home Affairs about them BEFORE you got your own visa.

How much will it cost?

There is no application fee for a visa. If your family get a visa, you may have to pay for the airplane tickets if you have sponsored them.

What will happen when the Department of Home Affairs gets the application?

They will send you a letter saying they have the application. That letter will have a file number. It is important to keep this file number because if you have to follow up Home Affairs you need to use this file number so they can find the application.

If you don’t get a letter within six weeks, send an email to SHP.enquiries@homeaffairs.gov.au asking what is happening with the application. Give the name and date of birth of the applicant in the email so that they can find the application.

How long will it take?

Applications can take many years – generally about two years

Will my family get a visa?

Not everyone will get a visa. The Government only gives a small number of visas each year. Your family might not get a visa. Ask a lawyer if there are other ways to bring your family to Australia.

If you are worried about how long it is taking

You can:

  • ask the Department of Home Affairs if the application is still in Australia or if they have sent it to the embassy nearest to your family for further processing.
  • contact your local Federal Member of Parliament (MP) if it has been more than 12 months since you sent the forms. You can look up your local MP by putting in the postcode where you live at www.aph.gov.au/Senators_and_Members/Members

You can call Home Affairs on 13 18 81 or email them at shp.enquiries@homeaffairs.gov.au. You will need the file number so that they can find the application. 

You will need to tell the Department of Home Affairs if anything changes

If any answers to the questions you gave on the forms change, you need to tell the Department of Home Affairs.

Some changes might be if:

  • you or your family overseas change address
  • someone included in the application has a baby, or
  • your family receive new threats from people or groups who wish to harm them.

You can tell Home Affairs about any changes by emailing them at shp.enquiries@homeaffairs.gov.au.

 

You can get free help from a lawyer at the Refugee Service.

Phone: 02 8713 6725
Email: refugeeservice@legalaid.nsw.gov.au

We can make a time to speak to you either face to face or over the phone. 

If you need an interpreter, call 13 14 50, ask for the language you want and then give them the Refugee Service number. This is a free service.

What to bring to the appointment

  • Passport, ImmiCard or travel document
  • Centrelink health care card or pension card
  • NSW photo identity card
  • Any letters from the Department of Home Affairs
  • Copies of any visa applications you have made for your family

If you need to cancel your appointment

If you can’t come to the appointment, contact the Refugee Service on 02 8713 6725 to let us know as soon as you can.

January 2024

Checklist

  • Step 1 Get identity documents and photos
  • Step 2 Fill out the forms to apply for a visa
  • Step 3 Get each adult family member to write a statement
  • Step 4 Check that the application is complete and everything is attached.
  • Step 5 Make copies of all your documents
  • Step 6 Apply for a visa by post or online

Where can I get more help?

OrganisationInformationContact Details
LawAccess NSWProvides free telephone legal information and referrals to other services, including to your nearest Legal Aid NSW office, Community Legal Centres, private lawyers and other organisations that can help.Chat to our team by clicking on 'Chat with us' on the right or by calling 1300 888 529 Mon to Fri 9am - 5pm.
Department of Home AffairsInformation on immigration and citizenship. For legal advice call the Legal Advice Line or visit their website.Phone: 131 881 ​​
Website: immi.homeaffairs.gov.au

October 2023

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