Australian Parent Visas

Parent visa applications have a lower processing priority than other visas relating to family members such as partner visas and child visas.

Parents

Parent Visa Options (If you are outside Australia).

If you are applying for a parent visa from outside of Australia you have the following main options:

 

A. Contributory Parent (Migrant) Visa (Subclass 143)

This is a permanent residency visa for parents with children who are “settled” in Australia and who are either Australian citizens, permanent residents or eligible New Zealand citizens. It has a high visa application charge and an Assurance of Support Bond is requirement.

To be “settled” means that the child or step child must have been lawfully resident in Australia for a reasonable period, which is normally two years, though this may be shortened in certain circumstances.)

The sponsoring child or step child must give an undertaking to provide support, accommodation and financial support for the parent. The assurance of support is for a 10 year period and the undertaking to repay any recoverable social security payments is also for a 10 year period.

The visa requires that all persons in the application must meet certain health and character requirements.

This visa also requires the applicant to meet the “balance of family test”.  This means that at least half of the your children live permanently in Australia, or that more of your children live permanently in Australia than in any other country. The assessment of this test can be a little complicated and you should seek advice from Aussie Migration Law in this regard.

When you make your application under subclass 143 you may be inside or outside Australia. However you must be outside Australia when the visa is granted.

The visa application charge payable to the Australia Government will be payable in two instalments, with an initial smaller instalment at time of lodgement and a second large payment payable before the visa is granted.

B. Contributory Parent (Temporary) Visa (Subclass 173)

This is a temporary visa valid for two years only. Once an applicant holds this visa they can then apply for the permanent contributory parent visa under subclass 143. It is designed for parents outside of Australia who have children residing and settled in Australia to enter and live here for up to two years. It cannot be extended or renewed and an applicant is expected to apply for permanent residency before the temporary visa expires.

Again, this visa requires the applicant to be the parent of a child or step child who are either Australian citizens, permanent residents or eligible New Zealand citizens.

Because this is a temporary visa, the sponsor only gives a written undertaking to provide support, accommodation and financial assistance for the two year period that the applicant may live in Australia on this visa. There is no assurance of support required in respect to this visa.

As above, the applicant must meet the balance of family test.

The visa requires that all persons in the application must meet certain health and character requirements.

When you make your application under subclass 173 you may be inside or outside Australia. However you must be outside Australia at the time that the visa is granted.

Again, this visa has a substantial visa application charge payable to the Australian Government, with an initial smaller fee at time of application and a second large fee payable immediately prior to grant of the visa. This second fee is significantly less than that payable under subclass 143 where the applicant enters Australia initially as the holder of a 143 visa. As below however, where an applicant enters Australia under subclass 173 and then seeks a 143 visa, the second instalment payable will be the same in total as that charged for direct entry under subclass 143.

C. Contributory Parent (Migrant) Visa (Moving from Subclass 173 on to Subclass 143)

It is possible, as mentioned above, to move from an initial temporary subclass 173 visa to a permanent residency subclass 143 visa from within Australia. You must apply however prior to the temporary visa expiring.

The sponsor must give written undertakings to provide support, accommodation and financial assistance to the applicant and dependant family members for a period of two years from the date they moved to Australia. However the person supplying the Assurance of Support must undertake to provide financial assistance to the applicant and any dependant family members during their first ten years of residency in Australia and to repay and recoverable social security payments made to the applicant or any dependant family member during that same period.

Plainly, in order to proceed via this pathway, you must firstly hold a temporary subclass 173 visa and have a child or step child who is resident and settled in Australia and who is an Australian citizen, permanent resident or eligible New Zealand citizen.

Because you will have already been assessed according to the balance of family test (because you already hold a 173 visa), you do not need to be reassessed under this test.

The visa requires that all persons in the application must meet certain health and character requirements.

You may be inside or outside Australia, both at the time you make your application for permanency, and at the time the visa is granted.

As set out above, if you proceed via this pathway, the visa application charge payable as a second instalment, will be cumulatively the same (subclass 173 plus subclass 143) as proceeding directly to permanency under subclass 143.

D. Another Option?

If you have considerable assets then it might be worth considering an application for an “Investor Retirement Visa under Subclass 405”. This is a visa designed for self funded retirees who want to live in Australia during their retirement. Please see our summary page here in respect to this visa.

 

Parent Visa Options (If you are inside Australia).

The following visas may be suitable for parents already in Australia, whose age is the equivalent to a person who is eligible for an Australian Age Pension. See here:

Note however that you will not immediately be entitled to an aged pension in Australia after being granted permanent residency, because all new Australian permanent residents must wait ten years before being so eligible (unless there is a reciprocal agreement with another country that pays your pension).

A. Contributory Aged Parent (Residence) Visa (Subclass 864)

This is a permanent residency visa for aged parents with children living and settled in Australia. It is a contributory visa, so the visa application charge payable to DIBP is high.

You must have a child or step child who at the time of the application is living and is “settled” in Australia and who is either an Australian citizen, permanent resident or an eligible New Zealand citizen. See above for what this means. In addition you must demonstrate either:

• At a least a one half of your children are Australian citizens, permanent residents or eligible New Zealand citizens, usually resident in Australia; or

• You have more children living in Australia as citizens, permanent residents or eligible New Zealand citizens than in any other country.

Your sponsor must give a written undertaking to provide support, accommodation and financial assistance to you and to all dependent family members for a minimum period of two years following your move to Australia, but in addition either your sponsoring child or another person must provide an Assurance of Support that they are prepared to provide financial assistance to you and to any dependent family members so that you will not need to rely upon any government assistance for a minimum period of ten years and further that they will repay any recoverable social security payments made to you or any dependents within that ten year period.

You must meet the balance of family test, as above.

The visa requires that all persons in the application must meet certain health and character requirements.

Note that you must be in Australia at the time of your application and also at the time that the visa is granted.

Because this is a contributory visa the visa application charge is expensive. It is charged in two instalments with a lesser first instalment and a large second instalment prior to grant of the visa.

B. Contributory Aged Parent (Temporary) Visa (Subclass 884)

This is a two year temporary visa, which will normally lead to a further application for a permanent contributory aged parent (residence) visa under subclass 864. It will allow you to live in Australia for two years, but you cannot extend or renew this visa, as you will be expected in ordinary circumstances to apply for permanency within that period.

As above this visa requires you to have a child or step child who is resident and settled in Australia and who is either an Australian citizen, permanent resident or eligible New Zealand citizen. In addition you must show either:

• At a least a one half of your children are Australian citizens, permanent residents or eligible New Zealand citizens, usually resident in Australia; or

• You have more children living in Australia as citizens, permanent residents or eligible New Zealand citizens than in any other country.

Your sponsor must provide a written undertaking that they will meet all financial obligations to the Australian Government incurred by you or any dependent family members, that they will comply with all relevant legislation and awards relating to employment undertaken in Australia and will comply with all conditions of the visa during the first two years after you move to Australia.

There is no Assurance of Support required in respect to this visa.

You must meet the balance of family test, as above.

The visa requires that you and any dependant family members must meet certain health and character requirements.

The visa application charge payable to the Australian government, is again paid in two instalments. The first is a lesser charge and the second, payable prior to grant of the visa, is a significant charge. Note that if you are proceeding later to an application (within two years under subclass 864) (see below) then the total visa application charge made by second instalment will be equal to the second instalment payable under subclass 864 (direct entry).

C. Contributory Parent (Migrant) Visa (Moving from Subclass 884 to Subclass 864)

This is a pathway available to holders of a temporary contributory aged parent visa (subclass 884), to apply for permanency under subclass 864. Plainly, in order to apply via this pathway, you must firstly hold contributory aged parent (temporary) visa under subclass 884.

Your sponsor must give a written undertaking to provide support, accommodation and financial assistance to you and to all dependent family members during the first two years after you move to Australia. In addition however either the sponsor or another person must provide an Assurance of Support that they are prepared to provide financial assistance to you and to any dependent family members such that you will not need to rely on any government support during the first ten years after you move to Australia, and in addition that they will repay any recoverable social security payments made to you or dependent family members during that same ten year period.

Your sponsoring child or step child must either be a settled Australian citizen, permanent resident or eligible New Zealand citizen.

Because you have already been assessed under the balance of family test (when you obtained your subclass 884 visa), you do not need to be reassessed under this test.

You and any other family dependent family members will be required to meet certain health and character requirements.

Note that you must be in Australia at the time you make your permanent residency application for this visa and also at the time the visa is granted.

 

Between 2 June 2014 until 25 September 2014 the following Parent visa subclasses in the Family Stream of the Migration Programme were closed to all new applications:. However, applications are now accepted for these visas. If you lodged an application during the period when the visas were repealed then you will need to lodge a new application. All have very significant processing periods.

  • Parent visa (subclass 103)
  • Aged Parent visa (subclass 804)
  • Aged Dependent Relative visa (subclasses 114 and 838)

 

Please note that these are summaries only!  You should seek detailed advice from Australian Visa Law, the content of which may depend upon your individual circumstances.

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