These visas are for parents of an Australian Citizen or Permanent Resident who want to migrate to Australia.
About the Visas
There are various different types of Parent Visas.
For applicants applying outside of Australia, there are the following visas:
1. Parent Visa (Subclass 103);
2. Contributory Parent (Temporary) Visa (Subclass 173);
3. Contributory Parent (Resident) Visa (Subclass 143).
For applicants applying inside of Australia, there are the following visas:
1. Aged Parent Visa (Subclass 804);
2. Contributory Parent (Resident) Visa (Subclass 143);
3. Contributory Aged Parent (Temporary) Visa (Subclass 884);
4. Contributory Aged Parent (Resident) Visa (Subclass 864).
The type of visa you should apply for will depend on your age, financial capacity, how long you are willing to wait for your visa to be processed and various other factors.
For parent visas that are not of a “contributory” type, the visa application charges are relatively affordable, but these visas are subject to a “capping and queueing” system whereby applicants who are assessed as satisfying the visa criteria (this usually happens in 9-12 months), then go into a queue of successful applicants and only get granted the visa when they reach the front of the global queue.
The current queue time is upwards of 20 years depending on what type of the Parent Visa you are applying for.
If you lodge an Aged Parent Visa (subclass 804) in Australia, you will be granted a Bridging Visa which will allow you to remain in Australia lawfully during the processing of your visa, though you will not have access to Centrelink benefits or Medicare whilst your visa is being processed.
You will not be granted a Bridging Visa if you lodge a Contributory Parent Visa of any variety in Australia.
The main criteria for all Parent Visas are that:
1. you must be sponsored by an Australian citizen or permanent resident, more than likely your child or your child’s partner;
2. your sponsor must be “settled” in Australia meaning, under policy, lawfully resident for at least 2 years. If your child is under 18, a shorter period of residence in acceptable, generally 3 months;
3. if applicable to a given visa, you must satisfy certain age requirements;
4. you must satisfy the “Balance of Family Test”, meaning that:
5. at least half of the your children must be living permanently in Australia (e.g. if you have 4 children and 2 of them live permanently in Australia, you satisfy the test); or
6. more of your children live permanently in Australia that in any other country (e.g. if you have 5 children, and 2 of them live permanently in Australia, and your 3 other children each live respectively in a different county overseas, you satisfy the test).
7. you meet certain health and character checks.
You will generally not have access to any aged Centrelink benefits for 10 years after arriving in Australia as a permanent resident.
Your sponsor must also lodge an “assurance of support” with Centrelink, whereby they agree to lodge a certain amount of money to the government and any amounts paid to you through the welfare system are recoverable from the assurance of support. The amount of the assurance of support depends on how many parents are included in the application and whether an individual or company is providing the assurance of support.
Our experienced immigration lawyers have handled many successful Parent Visa applications. We will ensure your application is given the best prospects of success.
We offer all our prospective clients an initial meeting, during which we will thoroughly explain the law surrounding Parents Visas and inform you of the process moving forward.
To organize a initial consultation with us, please contact one of our experienced immigration lawyers on (02) 9590 3987.