Parent Visa Australia

Legislative

Parent (Migrant) visas to Australia, were inserted into the Regulations which forms the legal basis in addition to variety of Australian Commonwealth law, namely: Migration Act 1958 and Migration Regulations 1994; Judiciary Act 1903 (s 39B); and. Australian Citizenship Act 2007. The requirements for making a valid application for each subclass are outlined in Schedule 1 and for time of decision criterian we need to refer Schedule 2. Many of the requirements in the Act and the Regulations are expressed in objective terms and do not allow any discretion for officers.

Under clause 143.211, if the main applicant is not the holder of a substantive visa they are required to satisfy Schedule 3 criterion 3002. See Sch3 – Additional criteria applicable to unlawful non-citizens and certain bridging visa holders – Criteria 3001 & 3002.

Reissued 8 December 2017 to take into account the disallowance of Migration Legislation Amendment (2017 Measures No. 4) Regulations 2017 [F2017L01425] on 5 December 2017.

The following visa classes and subclasses are parent visas:

Parent visas to Australia are accessible to persons seeking a permanent visa based on being the parent of a child who is a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen. Parent visas are split into two categories and six visa subclasses. These are:

• Parent category visa and
• Contributory Parent category visa.

Contributory Parent category visas are usually processed to grant consideration stage faster than Parent category visas as they are accorded a higher processing priority and there are more visa places available. This arrangement recognises that applicants for visas in the Contributory Parent category pay a significantly higher second visa application charge (VAC) as a contribution to their ongoing health costs.
The main differences between the Parent and Contributory Parent category visas are illustrated further below.

On this page

1. In terms of current visas, the definition of parent visa refers to the following visa classes:
2. These classes relate to the following subclasses:
3. The Parent category visa contains two visa subclasses:
4. Contributory Parent category visa
   4.1 Offshore
   4.2 Onshore
5. Important to check below legislative criterion.
6. Differences between Parent and Contributory Parent category visas
7. Differences between onshore and offshore parent visas
8. “No Further Stay”
9. Duration and Conditions
10. Criteria
11. Contributory Parent Categories
12. Contributory Parent category visas
13. Contributory Parent category visas and the possibility of two stage process
14. The net costs of the two-stage process
15. Main benefits of the two-stage process Contributory Parent Visa
16. Main detriments of the two-stage process Contributory Parent Visa
17. Concessions- two-stage process Contributory Parent Visa
18. Do I Apply in Australia or Overseas?
19. Age requirements for Aged Parent visa
20. Processing timeframe and new quota numbers

• Aged Parent Checklist Items – Australia Migration Visa
• Contributory Parent (Subclass 143) Visa Checklist – Australia Migration Visa

How to start: our process always starts with a consultation.

Book under: 02. Migration Law – basic PR/points assessment – 30 mts

01. In terms of current visas, the definition of parent visa refers to the following visa classes:

• Parent (Migrant) (Class AX)
• Aged Parent (Residence) (Class BS)
• Contributory Parent (Migrant) (Class CA)
• Contributory Aged Parent (Residence) (Class DG)
• Contributory Parent (Temporary) (Class UT)
• Contributory Aged Parent (Temporary) (Class UU).

In addition to above we have the new – Sponsored Parent (subclass 870) Five Year (Temporary) Visa Australia

02. These classes relate to the following subclasses:

103, 143, 864, 173, 804 and 884.

03.The Parent category visa contains two visa subclasses:

•      (offshore) – Parent (Class AX) (subclass 103) visa
•      (onshore) – Aged Parent (Class BP) (subclass 804) visa.

04. Contributory Parent category visa

The Contributory Parent category visa contains four visa subclasses:

4.1. Offshore

• •      Contributory Parent (Class CA) (subclass 143) visa
  •      Contributory Parent (Temporary) (Class UT) (subclass 173) visa;

4.2. Onshore

• •      Contributory Aged Parent (Class DG) (subclass 864) visa
  •      Contributory Aged Parent (Temporary) (Class UU) (subclass 884) visa

05. Important to check below legislative criterian.

• aged parent, see PAM3: Div1.2/reg1.03 – Aged parent
• parent, see PAM3: Div1.2/reg1.03 – Parent visa
• eligible New Zealand citizen, see PAM3: Div1.2/reg1.03 – Eligible New Zealand citizen
• settled, see PAM3: Div 1.4 – Form 40 sponsors & sponsorship.

06. Differences between Parent and Contributory Parent category visas

Contributory Parent category visas are usually processed to grant consideration stage faster than Parent category visas as they are accorded a higher processing priority and there are more visa places available. This arrangement recognises that applicants for visas in the Contributory Parent category pay a significantly higher second visa application charge (VAC) as a contribution to their ongoing health costs.

The main differences between the Parent and Contributory Parent category visas are illustrated by the following.

07. Differences between onshore and offshore parent visas

If the applicant is in Australia and they are not “aged” and there is no bar on their applying (Bars on applying), they may still be able to make a valid visa application for an offshore Parent (subclass 103) visa or an offshore Contributory Parent category visa whilst they remain in Australia. The application must however be sent to the Parent Visa Centre (PVC) in line with the legislative instrument under Schedule 1 item 1130(3)(b). In these circumstances, the applicant is not eligible for a Bridging visa and will need to obtain another type of visa to remain in Australia while their application is being processed.

Differences between onshore and offshore parent visas

08. “No Further Stay”

If the applicant is in Australia and they hold (or last held) a visa subject to a “No Further Stay” condition 8503, 8534 or 8535, they will not be able to apply for any parent visa, including an offshore parent visa, whilst they remain in Australia with that condition.

09. Duration and Conditions

Apart from the contributory parent (temporary) visa, all parent visas are permanent visas.

10. Criteria

The main criteria are as follows:

1. The parent must be sponsored by a child who is an Australian citizen or permanent resident. The sponsor must be “settled” – generally the sponsor would need have been lawfully resident in Australia for at least 2 years.
2. The applicant must pass the “balance of family test”. That is, the number of children who are lawfully and permanently resident in Australia must be:
   • Greater than, or equal to, the total number of children who are resident overseas; or
   • Greater than the greatest number of children who are resident in any single overseas country.
3. An assurance of support is required in all cases.

11. Contributory Parent Categories

The Australian government has introduced “contributory” parent visa categories, which require the payment of a high application fee to cover medical expenses

On 2 June 2014, the lower cost “non-contributory” parent visa subclasses were closed to new applications. The non-contributory subclasses were reopened in October 2014, but it is not clear how long they will be open for.

12. Contributory Parent category visas

The temporary and permanent contributory parent visa classes and subclasses are:

• Contributory Parent (Temporary)(Class UT) – subclass 173
• Contributory Aged Parent (Temporary)(Class UU) – subclass 884
• Contributory Parent (Migrant)(Class CA) – subclass 143
• Contributory Aged Parent (Residence)(Class DG) – subclass 864.

13. Contributory Parent category visas and the possibility of two stage process

The Migration Legislation Amendment (Contributory Parent Migration Scheme) Act 2003 (the MLAA) amended the Migration Act and Regulations to implement the Government’s migration policy in relation to permanent and temporary entry arrangements for parents.

Contributory Parent category visa applicants can choose to apply directly for a permanent visa or to go through a two-stage process. Under the two-stage process, applicants initially apply for a temporary Contributory Parent category visa. The temporary visa is only valid for a period of two years and cannot be extended or renewed. At any time during the two-year validity period of the visa, the temporary visa holder can apply for the corresponding permanent visa. Applicants must pay a first and second instalment of the VAC for both temporary and permanent visas.

14. The net costs of the two-stage process

The net costs of the two-stage process are broadly similar to the option of applying directly for a permanent Contributory Parent category visa except that the costs are staggered across two applications. The first and second VAC payable are based on the charges in place at the time that the respective application is made.

Note: All VACs are subject to annual adjustment.

• Subclass 143/173 visa, the Contributory Parent (Migrant) visa and the Contributory Parent (Temporary) visa, were inserted into the Regulations with effect from 23 June 2003.

• Subclass 864/884 visa, the Contributory Aged Parent (Residence) visa and the Contributory Aged Parent (Residence) visa, were inserted into the Regulations with effect from 1 July 2003.

The MLAA amended the Regulations to, amongst other things:

• establish new offshore and onshore parent visa classes and subclasses
• increase the assurance of support (AOS) bond and period of effect in relation to applicants for the new parent visa classes and
• offset the health costs of parent entry by requiring applicants for the new visa classes to pay a substantial visa application charge 2nd instalment, either as a one-off payment or as a staggered payment (that is, first payment prior to grant of the temporary contributory parent visa and then payment of the remaining amount prior to grant of the permanent contributory parent visa).

15. Main benefits of the two-stage process Contributory Parent Visa

The main benefits for applicants who undertake this two-stage process are that:

• they pay a lower second VAC at time of temporary visa grant, thereby mitigating the full second VAC required for the grant of the permanent visa
• when they apply for the subclass 173/884 visa, they pay a substantially lower first instalment of the VAC (1st VAC)
• at time of subclass 143/864 visa grant, they pay another lower 2nd VAC (which is subject to annual adjustment)
• an AoS bond is not required for the granting of the subclass 173/884 visa, however, it is required for the subclass 143/864 visa and
• the 173/884 visa holder will receive certain concessions when they apply for the corresponding subclass 143/864 visa.

For those parents who hold or have held a subclass 173/884, who wish to apply for the corresponding permanent subclass 143/864 visa, they must:

• be the holder of a current subclass 173/884 or
• have held a subclass 173/884 within the past 28 days or
• if 28 days have passed, provide the Department with evidence that compassionate and compelling circumstances exist for the person to be given the equivalent status to the subclass 173/884 visa holder.

16. Main detriments of the two-stage process Contributory Parent Visa

The main detriments for applicants who undertake the two-stage process are that:

• the applicant will be required to undergo the application process twice, not once
• due to annual adjustment of charges, the applicant may end up paying slightly extra for their visa
• a 173/88 4visa is valid for two years only and it cannot be extended or renewed
• whilst the holder of a 173/884 visa, the holder is subject to Regulation 07AI- see section 6.9 Bars on applying.

17. Concessions- two-stage process Contributory Parent Visa

By applying for the corresponding permanent visa within the 2 years validity period of the temporary visa, applicants obtain certain concessions, such as:

• they pay a reduced 1st VAC on making the permanent visa application
• they are not re-assessed against the balance of family (BoF) test (see section 4 Balance of family (BoF) test)
• they may be taken to be sponsored for their permanent visa application if the person who sponsored them for the temporary visa dies before their temporary visa ceases and there are no other children able to meet the sponsorship requirements
• they are generally not required to undergo further health checks and
• a dependant who was included in their temporary visa application, who was subsequently granted the temporary visa and is no longer dependent on the main applicant, can still be included in the permanent visa application even though they are no longer dependent.

Applicants who do not apply for the corresponding permanent visa within the 2 year validity period of their temporary visa or in accordance with the provisions of Schedule 1 items 1130(5) and 1130A(5), will not be entitled to any of these concessions.

18. Do I Apply in Australia or Overseas?

In general, parent visas must be applied for outside Australia. However, it is possible to apply for an aged parent visa from within Australia. In order to do so, at least one of the applicants must be aged 65 or over.

If the application is lodged in Australia, the applicants will be able to remain in Australia on bridging visas whilst their applications for parent visas are being processed.

Partners, contributory parent and child visas – Onshore grants announced

We have received information today of the dates when the onshore grant of those subclasses usually granted offshore will commence.

From 27 February 2021 (inclusive) the following visas will be able to be granted while the applicant is in Australia, even though these usually require the applicant to travel offshore.

• Partner (subclass 309) visa
• Prospective Marriage (subclass 300) visa
• Child (subclass 101) visa
• Adoption (subclass 102) visa
• Dependent Child (subclass 445) visa

This temporary concession is for eligible applicants who are in Australia and are not able to travel offshore to be granted their visa because of COVID-19 travel restrictions.

The same concession will commence for eligible parent visa applicants on 24 March 2021:

• Contributory Parent (subclass 173) visa
• Contributory Parent (subclass 143) visa
• Parent (subclass 103) visa

Current processing timeframes for Parent visa applications would not be impacted by these amendments.

Parent Visa enables parents of children who are Australian citizens or permanent residents to be sponsored for permanent residence in Australia.

Parents of Australian citizen or permanent residents may be eligible for long-stay visitor visas for parents, and this may be an option worth considering.

19. Age requirements for Aged Parent visa

The regulation 1.03 aged parent definition requires the persons to be old enough to be granted an age pension under the Social Security Act 1991. Refer to the Department of Social Services website for the current age requirements for eligibility for the age pension in Australia: Women born before 1949 have already qualified for the Age Pension. Women born in 1949 and beyond now qualify at age 65, the same as men.

The pension age for men and women born from 1 July 1952 will be gradually increased from 65 to 67 years as set out in the table below.

If the applicant is in Australia and they are not “aged” and there is no bar on their applying, they may still be able to make a valid visa application for an offshore Parent (subclass 103) visa or an offshore Contributory Parent category visa whilst they remain in Australia. The application must however be sent to the Parent Visa Centre (PVC) in line with the legislative instrument under Schedule 1 item 1130(3)(b). In these circumstances, the applicant is not eligible for a Bridging visa and will need to obtain another type of visa to remain in Australia while their application is being processed.

20. Processing timeframe and new quota numbers

As per the Departmental website the current processing timeframe for Contributory parent visas is currently at 41 months. The processing time frame for other parent visas is not published, however, it is believed to be more than 25 years.

Legislative Instrument – F2018 L00683 – IMMI 18/054: Granting of Contributory Parent, Parent and Other Family Visas in the 2017/2018 Financial Year Instrument 2018 specifies the maximum number of visas for the Contributory Parent, Parent and Other Family visas that will be granted between 1 July 2017 and 30 June 2018.

Please note that the visa numbers quoted in this Instrument refers to the current migration program year and the numbers in two classes have been reduced from those quoted in the previous Instrument IMMI 16/055.

For the purposes of paragraph 85(1)(b) of the Act, the following number of visas granted will be:

Contributory Parent

Subitem 6(1) of this instrument specifies for:

• 1130 – Contributory Parent (Migrant) (Class CA)
• 1130A – Contributory Aged Parent (Residence) (Class DG)
• 1221 – Contributory Parent (Temporary) (Class UT)
• 1221A – Contributory Aged Parent (Temporary) (Class UU)

the combined total maximum number will be 7175.

Parent Visas

Subitem 7(1) of this instrument specifies that for:

• 1124 – Parent (Migrant) (Class AX)
• 1124A – Aged Parent (Residence) (Class BP)

the combined total maximum number will be 1500. The previous Instrument specified 1550.

Other Family Visas

Subitem 8(1) of this instrument specifies that for:

• 1123A – Other Family (Migrant) (Class BO)
• 1123B – Other Family (Residence) (Class BU)

the combined total maximum number will be 500. The previous Instrument specified 520.

This Instrument repeals IMMI 16/092, and commenced 1 June 2018.

Remaining relative visas are taking 50 years to process according to the latest processing timeframes published on Departmental website and the same processing timeframe apply to aged dependent relative. An applicant for an aged dependent relative must be someone who would qualify for an Australian aged pension (which is 67 years of age).