Subclass 103/143/173 and Subclass 804/864/884 Parent Visas
If you are the parent(s) of an Australian citizen, permanent resident or eligible New Zealand citizen, these visas may be the solution for you.
These visas allow the parent(s) of an Australian citizen, permanent resident or eligible New Zealand citizen to either:
- enter into Australia to be with their children; or
- to remain in Australia with their children (if the visa was applied for from inside Australia).
There are currently six subclasses of parent visa. Depending on your circumstances, the process can lead to the grant of a permanent parent visa on approval of the initial application, or it can be a two stage process.
The two stage process involves a temporary parent visa stage (subclass 173 or subclass 884 visas) and a subsequent application for the permanent parent visa stage (subclass 143 or subclass 864 visas). The application for the permanent stage must be made within two years of the grant of the temporary visa.
Applications made from outside Australian (”offshore” applications)
- Subclass 103 Parent Visa- The “cheap” offshore visa. This application must be made while the applicant(s) are offshore and must be granted while the applicant(s) are offshore. This visa currently has a processing time well in excess of 30 years. It isn’t really a viable option.
- Subclass 143 Contributory Parent Visa. The “expensive” offshore visa. This is an offshore application and involves payment of a second visa application charge of $43,900 per applicant prior to grant of the visa. Processing times are currently quite long, but manageable.
- Subclass 173 Contributory Parent (Temporary) Visa. The “half way house” offshore visa. This allows the applicant(s) to split the second visa application charge payment into two payments. The first is made on grant of the temporary visa and then the final payment is made on grant of the subsequent application for the permanent visa. Although you actually end up paying more doing it this way, it can be an effective way of managing the cost, particularly if the applicant(s) need to sell assets (such as the family home) to pay the second visa application charge in full.
Applications made from inside Australia (“onshore” applications)
If the main applicant is an “aged” parent (the qualifying age is increasing as the retirement age increases), then they may be eligible to submit a parent visa application while they are in Australia. If that is possible, the applicant(s) will get a Bridging Visa which will enable them to remain in Australia while the application is processed.
- Subclass 864 Contributory (Aged) Parent Visa. The “expensive” onshore visa. This is an onshore application and involves paying a second visa application charge of $43,900 per applicant prior to grant of the visa.
- Subclass 884 Contributory (Aged) Parent (Temporary) Visa. The “half way house” onshore visa. This allows the applicant(s) to split the second visa application charge payment into two payments. The first is made on grant of the temporary visa and then the final payment is made on grant of the subsequent application for the permanent visa. Although you actually end up paying more doing it this way, it can be an effective way of managing the cost, particularly if the applicant(s) need to sell assets (such as the family home) to pay the second visa application charge in full.
- Subclass 804 Aged Parent Visa- The “cheap” onshore visa. This application must be made while the applicant(s) are onshore and must be granted while the applicant(s) are onshore. This visa currently has a processing time well in excess of 30 years, so most applicants will never actually be granted the visa, however the Bridging Visa they are granted will allow them to remain in Australia during that processing time. There are risks with this approach so before considering it, please seek the advice of a Registered Migration Agent to check that this option is right for you.
Balance of Family test
The basis for these visas is the “Balance of Family” test. This can be quite complicated, but it essentially means that either:
(a) at least half of your and your partner’s children must live permanently in Australia; or
(b) more of your and your partner’s children live permanently in Australia than live in any other country.
Complex family histories can sometimes make this calculation quite tricky, so it is best to double check that you meet these requirements as a first step.
Who can apply?
To be eligible to apply for a Parent Visa:
- You must be sponsored by an eligible sponsor who is either an Australian Citizen, an Australian permanent resident, or an eligible New Zealand citizen
- You must meet the Balance of Family test
- The main applicant must be an “Aged” parent (subclass 804, 864 and 884 visas only)
- You and any dependent family members must meet Australia’s health requirements and undertake visa medicals
- You and all dependent family members aged 16 and over must meet the Australia’s character requirements.
The information here is just a brief overview of the process and many other points may need to be considered. We have helped many parents reunite with their family in Australia, so please get in touch and we can help you decide whether or not this is the right visa option for you.
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