Parent Visas
PARENT VISAS* (Reflects law as at 1 July 2012)
Parents of an Australian citizen, permanent resident, or eligible New Zealand citizen may apply to migrate to Australia under two different categories of Parent visas. These are:
(‘Parent visas’)
A limit is placed on the number of Parent visas granted in each financial year. As a result, there are large numbers of parents who satisfy the Parent visa requirements who must wait in a lengthy queue before their visa is granted. This waiting time is significantly less for the Contributory Parent visa, however these visas are extremely expensive (see below).
Criteria common to all subclasses of Parent visas
To be eligible for a Parent visa, a parent must satisfy certain criteria, detailed below.
1. Meeting the balance of family test
All applicants must meet the balance of family test before a Parent visa will be granted. This test means that an applicant must have:
To determine whether an applicant meets the balance of family test the Department of Immigration (“the Department”) policy indicates that the Department will count all natural, adopted and step-children of:
If the Parent visa application was lodged on or after 1 July 2011, children (natural, step or adopted) from a relationship other than the applicant’s current relationship will not count.
Also, the Department will not count:
Children whose whereabouts are unknown are presumed to be in the child’s last known usual country of residence. Children who are not Australian citizen, permanent resident or eligible New Zealand citizen will be taken to be resident overseas, either in the child’s current or last overseas resident country, or the child’s country of nationality if the child no longer has a right of return to that overseas country of usual residence.
2. Sponsorship
Any person seeking a Parent Visa will be required to have a sponsor. The sponsor will usually be either:
Generally, the sponsor must:
If an applicant’s child is under 18 years, another person who is an Australian citizen, permanent resident, or eligible New Zealand citizen and is connected to that child, may be the sponsor. In such cases, the following individuals will be considered appropriate sponsors:
3. Assurance of support (‘AOS’)
All Parent visa applicants must obtain an AOS before the visa can be granted.
An AOS is a legal commitment by a person (‘assurer”) to provide financial support to the applicant and repay to the government the amount of any welfare payments made to the applicant within either:
An eligible assurer must:
All intending Parent visa applicants and sponsors should read IARC’s Assurance of support information sheet.
4. Security bond associated with an AOS
The assurer must also lodge a security bond with the Commonwealth Bank of Australia. The amount of the bond varies depending whether a person or an organisation is providing the AOS. For a Parent visa the bond payable by a person is $5,000 for the primary applicant and $2,000 for each secondary applicant. If an organisation is providing the AOS, the bond is $10,000.
For a Contributory Parent visa the bond payable by a person is $10,000 for the primary applicant and $4,000 for each secondary applicant. If an organisation is providing the AOS, the bond payable is $20,000.
The bond is refundable after 2 years for the Parent visa and 10 years for the Contributory Parent visa. If any claimable payments (see IARC’s Assurance of support information sheet) are made to the visa holders during the two or ten year period (as applicable) it may be deducted from the bond or claimed back from the AOS.
For further information on AOSs please refer to IARC’s Assurance of support information sheet.
4. Health test
All Parent visa applicants must undergo a medical assessment and pass a health test. For further details in relation to this please refer to the IARC’s Health information sheet. The strict, non-waivable health criterion (4005) applies to all Parent visas. Some exceptions apply to holders of Substituted 676 visas (see ‘Substituted 676 visa holders’ below).
5. Character test
All Parent visa applicants must pass the character test, including submitting appropriate police clearance certificates. For further details in relation to this please refer to the IARC’s Character information sheet available at the IARC website (see below).
Limited number of Parent visas
There are a limited number of visas granted under the Parent visa category each year. For example, in 2011-12, a total of 8500 Parent visa places were made available. 2000 of those places were allocated to the general Parent visas, while 6500 were allocated to the Contributory Parent visa category. Once the limit has been reached no further visas will be granted that financial year. All applicants are placed in a queue according to the date on which an applicant meets the “criteria to be satisfied at the time of application”. Once additional places become available applications will be assessed further by the Department. Finally, applicants waiting in the queue who meet all the criteria for the grant of the visa will have their visas granted in order of the queue date allocated. Currently, applicants can expect to wait in the queue for a long period of time (up to 15 years for ordinary Parent visas, and around 18 months for the Contributory Parent visas) before their visas are granted.
Queue calculator – the Department of Immigration has an online queue calculator which allows visa applicants who have been placed in the queue to identify how many people are ahead of them in the queue. This then allows a visa applicant to estimate the time until the visa application is fully processed. (see https://www.ecom.immi.gov.au/qcalc/QDateAnswer.do)
Parent visa subclasses
(Note: Intending visa applicants should also explore whether they are eligible for an Aged Dependent Relative visa. Further information about this visa is available in IARC’s Aged dependent relatives information sheet).
Within the Parent category there are two visa subclasses:
(for Contributory Parent category see below)
Parent (Migrant) Subclass 103
Subclass 103 may be lodged while the applicant is still in Australia (if the applicant does not have a condition 8503 on their last visa and is not otherwise prohibited from applying), however, the applicant will not be entitled to a Bridging visa while the application is processed, and must be outside Australia at the time the visa is granted.
Aged Parent (Residence) Subclass 804
Subclass 804 visas are for applicants in Australia. In order to qualify you must be:
What is a Contributory Parent visa?
A Contributory Parent visa is a visa which requires a large financial contribution on behalf of the applicant (this includes large application fees as well as the provision of an assurance of support requiring payment of a large bond).
What are the types of the Contributory Parent visa?
There are four different types of Contributory Parent visas:
The difference between these subclasses is essentially that some are temporary and some are permanent, some are for ‘aged’ parents, and some are for parents who are not aged. The benefit of the temporary visas is that payment of the large visa application charges, AOS and bond can be staggered between the time of application for the temporary visa, to the time just prior to grant of the permanent visa.
Contributory Parent (Migrant) Subclass 143
Subclass 143 visa applications may be lodged while the applicant is still in Australia (if the applicant does not have a condition 8503 on their last visa and is not otherwise prohibited from applying), however, unless the applicant is the holder of a subclass 173 visa they will not be entitled to a Bridging visa while the application is processed, and must be outside Australia at the time the visa is granted.
This visa will be granted if you choose to pay the entire second instalment in one payment. Once granted the visa, the visa holder becomes a permanent resident.
Contributory Parent (Temporary) Subclass 173
Subclass 173 visa applications may be lodged while the applicant is still in Australia (if the applicant does not have a condition 8503 on their last visa and is not otherwise prohibited from applying), however, the applicant will not be entitled to a Bridging visa while the application is processed, and must be outside Australia at the time the visa is granted.
This is a temporary two year visa. It will be granted to you if you choose to pay 60% of the second instalment as a first payment, followed by the remaining 40% after two years (at which time you will be granted a Subclass 143 visa which gives you permanent residence).
Contributory Aged Parent (Residence) Subclass 864
Subclass 864 visas are for applicants in Australia. In order to qualify you must be:
This visa will be granted if you choose to pay the entire second instalment in one payment. Once granted the visa, the visa holder becomes a permanent resident.
Contributory Aged Parent (Temporary) Subclass 884
Subclass 884 visas are for applicants in Australia. In order to qualify you must be:
This is a temporary two year visa. It will be granted to you if you choose to pay 60% of the second instalment as a first payment, followed by the remaining 40% after two years (at which time you will be granted a Subclass 864 visa which gives you permanent residence).
What are the costs involved?
Parent visa – applications outside Australia (Subclass 103)
Application fee: $2,060 Second instalment: $1,795 per applicant AOS Security bond: $5,000 + $2,000 for second applicant Plus costs for medical and character checks (approx $400 per person).
Aged Parent visa – applications inside Australia (Subclass 804)
Application fee: $3,060 Second instalment: $1,795 per applicant AOS Security bond: $5,000 + $2,000 for second applicant Plus costs for medical and character checks (approx. $400 per person).
Contributory Parent visa – application outside Australia
(Subclass 143) Application fee: $2,060 Second instalment: $42,220 per adult applicant ($1,825 per juvenile applicant) AOS Security bond: $10,000 + $4,000 for second applicant Plus costs for medical and character checks (approx. $400 per person).
OR
(Subclass 173 followed by 143) Application fee: $2,060 Second instalment: $25,330 per adult applicant ($1,835 per juvenile applicant) plus $280 application fee + $16,885 per adult applicant after 2 years to get Subclass 143 (nil per juvenile applicant) AOS Security bond: $10,000 + $4,000 for second applicant Plus costs for medical and character checks (approx. $400 per person).
Contributory Aged Parent visa – application inside Australia
(Subclass 864) Application fee: $3,060 Second instalment: $42,220 per adult applicant ($1,825 per juvenile applicant) AOS Security bond: $10,000 + $4,000 for second applicant Plus costs for medical and character checks (approx. $400 per person).
OR
(Subclass 884 followed by 864) Application fee: $3,060 Second instalment: $25,330 per adult applicant ($1,825 per juvenile applicant) plus $280 application fee + $16,885 per adult applicant after 2 years to get Subclass 884 (nil per juvenile applicant) AOS Security bond: $10,000 + $4,000 for second applicant Plus costs for medical and character checks (approx. $400 per person).
What evidence do I need?
You will need to include the following types of evidence in support of your application:
Certified copies, statutory declarations and translations
Any photocopies of documents to be included with the application must be certified[1] by a solicitor/Justice of the Peace/bank manager etc). People who make a statutory declaration for you must attach a certified copy of the front page of their passport, permanent resident’s visa, Australian citizenship certificate or birth certificate if the person making the statutory declaration was born in Australia. The statutory declaration must be signed in front of a solicitor, Justice of the Peace or bank manager.
Any documents which are not in English should be translated by an accredited translator. Both the translation and a certified copy of the un-translated original should be submitted with the application. For accredited translators call either the Community Relations Commission on 1300 651 500 or the Translating and Interpreting Service on 131 450.
What if I want to make another parent application?
If you have already made a parent application but want to make a different application, then you must withdraw any existing parent application that has not yet been decided. You do this by completing the relevant section of form 47PA when making the new Parent visa application.
The application fee will not be refunded. However, if you lodged an application for a Parent visa before 27 June 2003 or an Aged Parent visa before 1 July 2003 and are now applying for a Contributory Parent visa there is no initial application fee for the Contributory Parent visa application.
Substituted 676 visa holders
A ‘Substituted 676 visa’ is a Tourist subclass 676 visa that has been granted by the Minister as a result of a request for Ministerial intervention. Substituted 676 visa holders may apply for any visa, but are assessed against special eligibility criteria for the following visas only:
Substituted 676 visa holders who apply for any of these visas must satisfy the same eligibility criteria as any other applicant, with the following exceptions:
Substituted 676 visa holders must, however, meet all other criteria, including having an appropriate sponsor over the age of 18 and providing an AOS. Distinguishing a Substituted 676 visa from a Tourist subclass 676 visa – The visa label for a Substituted 676 visa is indistinguishable from an ordinary Tourist subclass 676, although a Substituted 676 will never have a no further stay condition 8503 on it. Accordingly, if a subclass 676 visa has a condition 8503 on it, it is not a Substituted 676. However, an ordinary Tourist subclass 676 visa may also be issued without an 8503 condition. Therefore it is important for advisers to view any correspondence between the visa holder and the Department, and to identify the visa holder’s immigration history, in order to ascertain whether the visa is a Substituted 676 and therefore whether the visa holder can access the special eligibility criteria for the visas listed above. Visa application process Step 1 All applicant parents need to complete Form 47PA Application for migration by a parent unless they already hold a Contributory Parent (temporary) visa. These temporary visa holders need to complete Form 47PT Application for migration to Australia by a contributing parent (temporary) or contributory aged parent (temporary) visa. Applicants aged 18 years or older applying as a dependent family member must also complete Form 47A Details of child or other dependent family member aged 18 years or older. Step 2 Sponsors must complete Form 40 Sponsorship for migration to Australia. Step 3 Attach the evidence and documents mentioned above. Step 4 Attach a cover letter to the application form with
Also offer to provide any further information required by the Department of Immigration. Step 5 Keep a photocopy of all the documents you submitted to the Department of Immigration Step 6 Lodge these forms with the application fee as follows:
By mail to:
Parent Visa Centre Locked Bag 7 Northbridge WA 6865 AUSTRALIA
or
By courier to:
Parent Visa Centre Wellington Central Level 3 836 Wellington Street West Perth WA 6005
Remember to tell the Department of any change in your circumstances, for example if you change your address.
Information and copyright belong to IARC. * IARC does not guarantee the accuracy of any information contained in this information sheet. It contains general information and is not a substitute for legal advice [1] A certified copy is a copy containing a statement to the effect that the copy is a true copy of the original document.
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