Parent Visas —an overview of the options

If you are a parent of an Australian citizen, a permanent resident or an eligible New Zealand citizen, you have the opportunity to reunite with your child in Australia permanently by applying for a Parent visa. However, it can be challenging to navigate through the visa types, requirements, expenses and processing times.

At One Planet Migration Law our aim is to provide you with information, on the Parent visa options so that you can carefully consider the route for your specific circumstances. In this guide we will explain the distinctions between the visas, the requirements of each, the application process and an approximate overview of the expenses involved.

Parent Visa Categories

There are two main categories of permanent Parent visas:

1. Non-Contributory Parent Visas

• Parent visa (subclass 103)

• Aged Parent visa (subclass 804)

2. Contributory Parent Visas

• Contributory Parent (Temporary) visa (subclass 173)

• Contributory Parent (Permanent) visa (subclass 143)

• Contributory Aged Parent (Temporary) visa (subclass 884)

• Contributory Aged Parent (Permanent) visa (subclass 864)

The key differences between these two pathways are the visa application costs and processing times.

Visa Application Costs

The Contributory Parent visas have much higher application fees compared to the Non-Contributory Parent visas:

• Non-Contributory: Around $4,000 - $7,000 per applicant

• Contributory: Over $47,000 per applicant, usually paid in two instalments

• 1st instalment: ~$4,000

• 2nd instalment: ~$43,000 before visa grant

Processing Times

This is where the Contributory Parent visas have a major advantage over Non-Contributory Parent visas:

• Non-Contributory: 30+ years processing time

• Due to low annual caps on visa grants and long queues

• Considered impractical by most due to excessive wait times

• Contributory: 12 years processing time

• Still a significant wait but much more reasonable

• Higher application fees allow for “faster” processing

So despite the high costs, Contributory Parent visas remain a popular choice for those who want their parents to join them in Australia within a practical timeframe.

Temporary vs Permanent Visas

The Contributory Parent category offers a two-stage pathway:

1. Apply for a temporary visa first (subclass 173 or 884)

2. After 2 years, apply for the corresponding permanent visa (subclass 143 or 864)

This allows the costs to be spread out over a longer period. The Non-Contributory visas only offer a one-stage permanent visa application.

Eligibility Criteria

To qualify for a Parent visa, you must meet the following key requirements:

1. Sponsor: Your child or their partner must sponsor your visa application. They must be an Australian citizen, permanent resident, or eligible NZ citizen aged 18+ who is settled in Australia.

2. Balance of Family Test: You must have either:

• At least half of your children living permanently in Australia, or

• More children living permanently in Australia than in any other single country

3. Age: For Aged Parent visas (subclasses 804 and 864), you must meet the age requirement for the Australian Age Pension (currently 67 years old).

4. Health and Character: You must meet certain health and character requirements.

5. Assurance of Support: Your sponsor must provide an Assurance of Support and pay a refundable bond to cover your living expenses for the first 2-10 years in Australia.

Application Process

• Ensure you meet all the eligibility criteria for your chosen visa subclass.

• Gather all the required documents, including identity documents, proof of your relationship to your sponsor, balance of family evidence, and sponsor documents.

• Lodge your visa application, either online or by paper depending on the subclass. Pay the initial Visa Application Charge.

• Provide biometrics, health examinations, and any additional information requested by the Department of Home Affairs.

• Wait for a decision on your application. If approved, pay the second instalment of the Visa Application Charge (for contributory visas) and make arrangements to move to Australia.

Age Requirement

 Non-Aged Parent visas are for parents who are under this age threshold.

Visa Pathway

Both visa categories have a two-stage pathway:

1. Apply for the temporary visa first (subclass 884 or 173)

2. After grant of the temporary visa, apply for the corresponding permanent visa (subclass 864 or 143)

• For the Aged Parent category, you can apply for the permanent visa at any time after the grant of the temporary visa

• For the Parent category, you must wait 2 years before applying for the permanent visa

Bridging Visas

If the parent is already in Australia on another visa:

• Opting for an onshore Aged Parent (subclass 864) visa application will grant a Bridging visa. Allowing the parents stay in Australia until a decision is made

• Opting for an onshore Contributory Parent (subclass 143) visa, will NOT grant a Bridging visa.

Other Key Differences

• The Contributory Aged Parent visas have slightly higher base application charges compared to the Contributory Parent visas

• The Contributory Aged Parent visas are for parents who meet the age requirement for the Australian Age Pension, while the Contributory Parent visas are for those below the pension age

• The Assurance of Support (AoS) bond for the Contributory Parent visas is typically $10,000 for the main applicant and $4,000 for each additional applicant, which is refunded after 10 years if no social security payments are claimed

Comparison table for the various Australian parent visas

Other Key Differences:

• Contributory parent visas have much higher costs due to the second instalment (contribution to healthcare/welfare)

• Contributory parent visas have faster processing times compared to non-contributory parent visas

• Aged parent visas require the main applicant to meet the Age Pension age requirement

• Contributory parent visas have a two-stage pathway (temporary to permanent), while non-contributory parent visas are direct permanent visas

Who can be a Sponsor?

To sponsor your parents for parent visas, you must meet the following key criteria:

1. Be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen

2. Be at least 18 years old

3. Have been "settled" in Australia, usually meaning you have lived in Australia for at least 2 years

4. Meet an income test showing you can support your parents financially

5. Provide an Assurance of Support bond to financially support your parents for their first 2-10 years in Australia

6. Have no adverse information unless it is reasonable to disregard

7. Have no debts to the Australian government

Additionally:

• You can sponsor your biological, adoptive, or step-parent. If sponsoring a step-parent, your biological parent must still be in a married/de facto relationship with them.

• If you are under 18, your parent may be sponsored by your relative, guardian, or a community organisation in some circumstances

Positive Case Scenario:

Sarah, a 30-year-old Australian citizen, wants to sponsor her parents Anne and Michael for a permanent Contributory Parent visa. Sarah has lived in Australia for the past 5 years and earns an annual taxable income of $90,000. She has no debts to the government and no adverse information. Sarah's parents meet the Balance of Family test as Sarah is their only child.

In this scenario, Sarah meets all the criteria to sponsor her parents. She is an adult Australian citizen who is settled in Australia, meets the income requirement, and can provide the Assurance of Support. Her parents also meet the visa criteria. Their application has a good chance of being approved.

Negative Case Scenario:

John, a 21-year-old Australian permanent resident, wants to sponsor his mother Mary for a Parent visa. John has only been living in Australia for 1 year and is currently unemployed. Mary has three other children who all live permanently overseas.

In this case, John is not eligible to sponsor his mother. He has not been settled in Australia for long enough and does not meet the income requirement to provide an Assurance of Support. Additionally, Mary does not meet the Balance of Family test as the majority of her children live outside Australia. Their application would likely be refused.

In summary, the ability to sponsor your parents for an Australian visa depends on your own immigration status, length of residence in Australia, financial capacity, and your parent's family composition. It's important to carefully check the criteria for each specific parent visa subclass before applying. Consulting with a registered migration agent can help determine your eligibility and the best visa pathway for your circumstances.

Health Requirements

All parent visa applicants must meet strict health requirements to protect Australia's high health standards.

This involves undergoing health examinations to show they are free from any disease or condition that is a significant healthcare cost or public health risk.

Key points:

• Applicants must undergo a medical examination, chest x-ray and any additional tests requested

• Health examinations must be done by a panel doctor approved by the Department of Home Affairs

• All family members, even non-migrating ones, may need to meet the health requirement

• Applicants must be free from tuberculosis and other public health risks

• The health requirements apply even if the applicant has private health insurance

If an applicant fails the health requirement, the visa will likely be refused unless a health waiver is available and exercised.

In some cases, applicants may be asked to sign a health undertaking to attend follow-up medical checks in Australia.

Character Requirements

All parent visa applicants must also meet character requirements. Applicants must:

• Provide police certificates for each country they have lived in for 12 months or more, over the last 10 years, since turning 16

• Answer questions about their criminal history in Australia and overseas

• Provide details of involvement in war crimes, crimes against humanity, genocide or torture

• Declare past and present criminal or factual associations

The Department of Home Affairs will use this information to assess if the applicant passes the character test. Applicants may fail the character test if they:

• Have a substantial criminal record

• Have been convicted of escaping immigration detention

• Have been associated with criminal conduct

• Are not of good character due to past and present criminal or general conduct

• There is a risk they will engage in criminal conduct in Australia

• There is a risk they will harass, molest, intimidate or stalk another person in Australia

If an applicant fails the character test, the visa application may be refused.

In some cases, the Department may still grant the visa if the applicant can show mitigating circumstances.

Assurance of Support

An Assurance of Support (AoS) is a legal commitment by an individual or organisation (the assurer) to provide financial support to the parent visa applicant (the assuree) for a period of time so they do not rely on social security payments.

Key points:

• An AoS is mandatory for some parent visas like the Contributory Parent visas

• The assurer must be an Australian citizen, permanent resident or organisation

• The assurer must meet income requirements to show they can support the assuree

• For Contributory Parent visas, the AoS period is 10 years, for most other parent visas it is 2-4 years

• A refundable AoS bond must be paid, $5,000 for the main applicant and $2,000 for secondary applicants for Parent visas

• A refundable AoS bond must be paid, $10,000 for the main applicant and $4,000 for secondary applicants for Contributory Parent visas

• The AoS bond is held for the duration of the AoS period

• If the assuree claims social security payments during the AoS period, the amount will be recovered from the AoS bond

The AoS criteria put the financial onus on the assurer to support the parent migrant, especially in the first 2-10 years when most social security payments are not available to them.

Conclusion

Choosing the right Parent visa pathway depends on your circumstances, urgency, and budget.

The Contributory Parent visas offer a faster route to permanent residence but require a significant financial investment.

The Non-Contributory Parent visas are more affordable but have extremely long wait times.

One Planet Migration Law can provide a detailed assessment of your situation and guide you through every step of the Parent visa application process.

Book a consultation with our Migration Lawyers to discuss the best strategy for reuniting with your family in Australia.

Note: The information provided in this article is meant for general informational purposes only and should not be interpreted as legal advice. Although we strive to provide accurate and useful information, the nuances of Australian immigration law demand personalised advice from legal professionals. Given the dynamic nature of migration regulations, it is essential to consult with experienced immigration experts for up-to-date insights tailored to your individual circumstances. We strongly advise seeking professional guidance to navigate the complexities of Australian immigration law effectively and to achieve the most favorable outcomes for your immigration journey.