Australian Parent Visa: Ultimate Guide 2018

0

Options to Australia

If you are an Australian citizen, permanent resident or an eligible New Zealand citizen you may be able to bring your parents to live with you in Australia. This blog will discuss what options your parents will have if they want to migrate to Australia.

Can my parents come for a visit?

Your parents may be eligible to come for visits to Australia for up to 12 months per entry on a visitor visa. This can be a first step for your parents to check whether they like Australia and whether they want to consider a more permanent option. Another option is a temporary sponsored parent visa which allows for longer visits of 3 to 5 years. This visa was announced on 5 May 2017 but still has not come into effect yet.

General Criteria for Parent visas

The Balance of Family Test

 

  • How many children live in Australia?

 

The first question to ask before looking at the general streams for a parent visa is how many children your parents have. The main requirement is that at least 50% of the children are settled in Australia on permanent visas/or as Australian citizens. For example if your parents have 3 children in total, at least 2 have to be living in Australia permanently and have settled here for at least 2 years.

 

  • Who is counted as a child?

 

It sounds like a straightforward question however it can be tricky in some circumstances. A child or a step child of the parent or the current partner of the parent is counted in the Balance of Family Test formula. Adopted children are generally considered children as per Australian law.

Who can sponsor your parents for a parent visa?

In order for your parents to qualify for one of the following visas, they will need to be sponsored either by one of their settled Australian children or their children in law. The main requirements for a sponsor are:

  • the child of the applicant or the child’s cohabiting partner;
  • over the age of 18; and
  • a settled Australian citizen, Australian permanent resident or an eligible New Zealand citizen.

There are some exceptions and rules if the sponsor does not fit under the above requirements. Also there could be limitations if the sponsor sponsored someone previously. If you wish to sponsor your parents for a visa, contact a migration agent or a lawyer to assess your eligibility.

Parent visa options

If your parent and you as the sponsor meet the above requirements, you can then move to choose which parent visa will be the best option. Onshore applications can be lodged if your parent(s) is/are physically in Australia while offshore applications means that your parent(s) is/ are outside of Australia at the time the application is lodged.

Aged Parent Visa- Onshore Aged Parent Visa- Offshore Contributory Parent Visa- Onshore Contributory Parent Visa- Offshore
Visa Subclass 804- Permanent 103- Permanent 884- Temporary

864- Permanent

173- Temporary

143- Permanent

Requirements
  • Meet age pension requirements in Australia- currently 65 years old and 6 months.
  • meet the balance of family test
  • have an assurance of support
  • meet health and character requirements
  • have a sponsor.
  • Meet the balance of family test
  • have an assurance of support
  • Meet health and character requirements
  • Have a sponsor
  • Meet age pension requirements in Australia- currently 65 years old and 6 months.
  • meet the balance-of-family test
  • meet health and character requirements
  • have an assurance of support
  • have a sponsor.
  • Meet the balance of family test
  • have an assurance of support
  • meet health and character requirements
  • have a sponsor.
Bridging Visa granted? Yes

Can only apply for this visa if the parents are in Australia on an eligible visa without condition ‘8503- no further stay’.

No Yes

Can only apply for this visa is the parents are in Australia on an eligible visa without condition ‘8503- no further stay’.

No
Cost
  • 4,035 for primary applicant
  • $2020 for secondary applicant over 18
  • 4,035 for primary applicant
  • $2020 for secondary applicant over 18
Costs varies but around:

  • $60,000 for one parent
  • $110,000 for both parents
Costs varies but around:

  • $60,000 for one parent
  • $110,000 for both parents
Processing Time Up to 30 years Up to 30 years Unavailable due to a low volume 44-56 months as of July 2018.
Pros
  • Cheaper option.
  • Allow for the parent to be in Australia while the application is being processed.
  • Can include dependent children.
NIL
  • Takes a shorter time to be processed.
  • Allow for the parent to be in Australia while the application is being processed.
  • Can apply for the temporary one first then the permanent if money is an issue.
  • Can include dependent children.
  • Takes a shorter time to be processed.
  • Can apply for the temporary one first then the permanent if money is an issue.
  • Can include dependent children.
Cons
  • Very long.
  • May never see the visa.
  • Cannot travel outside of Australia easily.
No point of applying for this visa as it will take very long to finalise with no benefits.
  • Very expensive
  • Very expensive.
  • Parent will wait overseas while the application is being processed.

Assurance of Support

An assurance of support is a scheme introduced by the Australian government to prevent the Australian community to be responsible for welfare and centrelink payments for certain migrants. The reason for this scheme is to shift the cost of living to the sponsors.

Under the assurance of support, an assurer becomes legally responsible to provide financial support to an applicant applying to migrate to Australia (assuree) so that they do not have to rely on the social welfare system. The way the government asks for that assurance is by taking a sum of money upfront which can be refundable in a few years’ time. The period of the assurance of support for the contributory parent category visas is 10 years.  If your parents then rely on welfare payments then that assurance of support amount will not be refunded.

Assurance of support is compulsory on nearly all parent visa applications. Not everyone can be an assurer. You will have to meet the income requirements announced by the government during that time.

Useful tips

  • Seek legal advice before lodging a parent visa application. Make sure to contact specialists in this area. Our office has successfully represented many Australians and their parents in parent visa applications and we can guide you through the process.  
  • Your parents will have to meet the health requirement to be granted the visa.
  • You will have to disclose correct information to the Department otherwise the visa may be refused or cancelled later on.

About the authors

This article was written by Marial Daniel, a senior associate and a registered migration agent (MARN: 1575322) of Teleo Immigration Specialists.

Teleo has successfully represented thousands of applicants over the past 10 years, including complex matters, visa cancellations and review applications.

The director of Teleo Immigration Specialists, Dr Etienne Hugo (MARN: 0004435) has over 17 years of Australian immigration experience and is one of only 35 accredited specialists immigration lawyers in New South Wales. Etienne is admitted as a lawyer in NSW and also the High Court of Australia. He was awarded both his BLC and LLB degrees with distinction and subsequently completed a LLD (Doctor of Law degree) from the University of Pretoria. He obtained his Immigration Law certification from UTS with distinction. Dr Hugo is a Fellow of the Migration Institute of Australia and regularly presents papers on Immigration Law. He has also taught at ANU in the graduate diploma for Immigration since 2006.

READ RATINGS & REVIEWS ABOUT MARIAL DANIEL & ETIENNE HUGO.

If you wish to seek advice or apply for an Australian visa, please contact us on reception@teleo.com.au 

DISCLAIMER: Immigration law is complex and is subject to constant regulatory and policy change by the Department of Home Affairs.  The information provided here may therefore be out-dated and no longer accurate. The information provided above is a general guide only – it is not tailored for your specific circumstances or immigration purposes and you must under no circumstances rely on this information for immigration planning or the lodgement of an application with the Australian government or related bodies.  In order to ensure your eligibility is accurately assessed and to allow for tactical decision making that would best suit your desired immigration outcome, it is essential that you consult with a capable immigration advisor registered with the relevant Law Society and/or OMARA. We direct new client enquiries to schedule an initial consultation with our office – email: reception@teleo.com.au. During an initial consultation we have the opportunity to obtain a complete set of facts that will allow us to explore all the available options.  Another reason we engage clients within the context of an initial consultation is to protect our firm from potential professional liability which may flow from providing a brief, unconsidered opinion. As a paying client you/ us have the benefit of professional indemnity insurance. Liability limited by a scheme approved under the Professional Standards Legislation.

If you would like ImmiAdvisor to blog about a specific topic please email sapna@immiadvisor.com

IMPORTANT NOTICE: ImmiAdvisor recommends you obtain your own independent immigration, legal, accounting, financial or taxation advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information provided through this blog/website. In no event will ImmiAdvisor Pty Ltd be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from this blog/website.

Leave A Reply