Parent Visas

Parent Visas allow people to enter Australia to live with their child who is in Australian citizen or Permanent Resident. The Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth) stipulate the rules surrounding parent visas. This article deals with how applications for Parent Visas are assessed.

Parent category visas

A Parent Visa allows a person to live in Australia either on a temporary or indefinite basis if they are sponsored by a child who is either:

1. an Australian citizen; or
2. an Australian permanent resident; or
3. an eligible New Zealand citizen who is settled in Australia, having lived in Australia for at least two years.

Most of the time the person who sponsors a person seeking a Parent Visa is the person’s child, or their child’s spouse or de facto partner.

The Balance of Family Test

Parents seeking any type of Parent Visa must pass the balance of family test.

A parent will be pass the balance of family test if:

1. At least half of the person’s eligible children live permanently in Australia; and
2. More of their children live in Australia permanently, than in any other country.

The Migration Regulations consider an eligible child to be a child who is:

1. an Australian citizen;
2. an Australian permanent resident usually resident in Australia; or
3. an eligible New Zealand citizen usually resident in Australia.

Basically, an ineligible child is a child who is resident overseas. If the whereabouts of a child are unknown, then the child is taken to be resident in the last known usual country of residence.

Aged Parent Visas

There are two types of Aged Parent Visas:

1. The Aged Parent Visa subclass 103, which is lodged when the applicant is outside of Australia; and
2. The Aged Parent Visa subclass 804, which is lodged when the applicant is inside Australia.

As the current processing time for the Aged Parent Visas is up to 30 years, the majority of applicants will find it more practicable to apply for the Aged Parent Visa subclass 804 while they are already in Australia.

Aged Parent Visa subclass 804

The Subclass 804 Visa is a permanent visa which entitles the holder to remain in Australia indefinitely. Most applicants must be sponsored by their child.

A person may be eligible for the Subclass 804 Visa if:

1. They are in Australia;
2. They are sponsored by their child who is settled in Australia;
3. Meet age requirements, that is 65 years or over;
4. Meet the balance of family test; and
5. Are prepared to wait a Bridging Visa holder before the visa is approved.

Due to the significant demand for this type of visa, a person may wait up to 30 years before this type of visa is approved. Therefore, it is recommended that people seeking this type of visa consider the other visa options available to them before pursuing this visa type.

To apply, applicants should prepare their documents in accordance with the documents checklist published by the Department of Home affairs (DoHA).

For most applicants, the Application for a parent to migrate to Australia (Form 47PA) should be used.

You sponsor should complete and sign the Sponsorship for migration to Australia (Form 40), and anyone over the age of 18 accompanying you on the visa should complete and sign the Details of child or other dependent family member aged 18 years or over (Form 47A)

Please note that all the forms must be filled out in English, with payment included, and posted to the Parent Visa Centre in Perth, Australia.

Once you have applied, you have an ongoing obligation to report any changes of your circumstances to the DoHA. This includes if you move or if you are issued a new passport. To notify the DoHA of your new residential address or passport, you can use the Change of address and / or passport details (Form 929). You must also notify the DoHA of other changes of circumstances, including pregnancy, birth, divorce, or separation or other circumstances by using the Notification of change in circumstances (Form 1022).

Contributory Parent Visas

Similar to the Aged Parent Visas, there are also two types of Contributory Parent Visas:

1. The Contributory Parent Visa subclass 143, which is lodged when the applicant is outside of Australia; and
2. The Contributory Aged Parent Visa subclass 864, which can be lodged while the applicant is inside Australia.

Unlike the Aged Parent Visas, Contributory Parent Visas are processed within 12 to 24 months. The reason for this is that the DoHA requests a Second Visa Application Charge. The Second Visa Application Charge is charged to reimburse the Australian government of likely social security benefits a Contributory Parent Visa holder would receive over the rest of their life in Australia.

Contributory Parent Visa subclass 143

The Contributory Parent Visa subclass 143 is a permanent visa which entitles visa holders to enter and reside in Australia indefinitely. Subclass 143 Visa holders can work, study, and live in Australia, have access to Medicare and travel to and from Australia for up to five years.

A person may be eligible for a Subclass 143 Visa if they:

1. Are sponsored;
2. Satisfy the balance of family test;
3. Meet the health and character requirements;
4. Have an assurance of support if requested; and
5. Are prepared to pay a Second Visa Application Charge.

The Second Visa Application Charge for a Contributory Parent Visa subclass 143 is currently $43,600 per adult and $19,420 for applicants who hold a Contributory Parent Visa subclass 173 (Temporary).

To apply, applicants should prepare their documents in accordance with the documents checklist published by the DoHA.

For most applicants, the Application for a parent to migration to Australia (Form 47PA) should be used. If you hold a Contributory Parent Visa subclass 173 (Temporary), then you should use the Application for migration to Australia by a Contributory Parent (Temporary) or Contributory Aged Parent (Temporary) Visa holder (Form 47PT).

You sponsor should complete and sign the Sponsorship for migration to Australia (Form 40), and anyone over the age of 18 accompanying you on the visa should complete and sign the Details of child or other dependent family member aged 18 years or over (Form 47A)

Please note that all the forms must be filled out in English, with payment included, and posted to the Parent Visa Centre in Perth, Australia.

Once you have applied, you have an ongoing obligation to report any changes of your circumstances to the DoHA. This includes if you move or if you are issued a new passport. To notify the DoHA of your new residential address or passport, you can use the Change of address and / or passport details (Form 929). You must also notify the DoHA of other changes of circumstances, including pregnancy, birth, divorce, or separation or other circumstances by using the Notification of change in circumstances (Form 1022).

Contributory Aged Parent Visa subclass 864

The Contributory Parent Visa subclass 864 is a permanent visa which entitles the holder to live in Australia indefinitely. Subclass 864 holders are entitled to live, work, and study in Australia indefinitely, and can travel in and out of Australia for up to five years.

A person may be eligible for a Subclass 864 Visa if they:

1. Are sponsored by an eligible child;
2. Meet the balance of family test;
3. Meet the age requirements, that is 65 years or over;
4. Meet the health and character requirements; and
5. Are prepared to pay a Second Visa Application Charge.

The Second Visa Application Charge for a Contributory Aged Parent Visa subclass 864 is currently $43,600 per adult and $19,420 for applicants who hold a Contributory Parent Visa subclass 173 (Temporary).

To apply, applicants should prepare their documents in accordance with the documents checklist published by the DoHA.

For most applicants, the Application for a parent to migration to Australia (Form 47PA) should be used. You should use the Application for migration to Australia by a Contributory Parent (Temporary) or Contributory Aged Parent (Temporary) Visa holder (Form 47PT) if you hold a Contributory Parent Visa subclass 173 (Temporary).

You sponsor should complete and sign the Sponsorship for migration to Australia (Form 40), and anyone over the age of 18 accompanying you on the visa should complete and sign the Details of child or other dependent family member aged 18 years or over (Form 47A)

Please note that all the forms must be filled out in English, with payment included, and posted to the Parent Visa Centre in Perth, Australia.

Once you have applied, you have an ongoing obligation to report any changes of your circumstances to the DoHA. This includes if you move or if you are issued a new passport. To notify the DoHA of your new residential address or passport, you can use the Change of address and / or passport details (Form 929). You must also notify the DoHA of other changes of circumstances, including pregnancy, birth, divorce, or separation or other circumstances by using the Notification of change in circumstances (Form 1022).

Assurances of support

An assurance of support may also be requested as part of the visa processing. The assurance of support acts like a bond and covers the applicant and any family members included in the application.

If requested, the assurer, who is usually the sponsor, must lodge a bond for each applicant aged 18 years or older. The bond is $10,000 for the main applicant and $4,000 for each adult family member. The assurance of support will be refunded after two years from the date the applicant enters Australia on the visa.

Any debts to the government, including Centrelink benefits paid, are deducted from the assurance of support, and the balance is refunded.

Visa decision

When the DoHA have completed processing the application, you will be advised of the following:

1. When you can enter into Australia as a holder of the visa;
2. The visa grant number; and
3. Conditions attached to the visa, if any.

If you are unsuccessful, you will be informed of the DoHA’s reasons why you were refused the visa, your rights of review and the period in which to lodge an appeal.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.

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