A common question from individuals who have obtained Australian permanent residency or citizenship is how to bring family members to Australia, especially parents.
Several Parent Visa options are available, and the choice of which visa to pursue can depend on various factors, including:
- Whether their parents are seeking temporary visas to allow them to spend time with family in Australia, or if they are interested in migrating permanently to Australia;
- The age of the parents;
- The length of time they are willing to wait to obtain permanent residency; and
- Whether they have funds available to expedite the process.
For those seeking a temporary visa that allows visits for an extended period – to spend time with family after the birth of a grandchild, for instance - the Sponsored Parent (Temporary) visa (subclass 870) is an option. The subclass 870 visa permits a period of stay for up to three or five years and is an alternative to the visitor visa, which only allows for shorter periods of stay.
More often than not, however, clients are seeking permanent visa pathways for their parents. When considering permanent pathways, it is important to note the general eligibility requirements:
- Applicants must be parents of an Australian citizen or a permanent resident who has spent at least two years living in Australia;
- Applicants must satisfy the Balance of Family Test (i.e., half of their children/stepchildren are Australian citizens or Australian permanent residents residing in Australia);
- Applicants must have an Assurance of Support (i.e., payment of a mandatory bond by an eligible person);
- Applicants must be of good health and character.
There are six Parent visa subclasses which fall within the following two categories:
- The Non-Contributory Parent visas; and
- The Contributory Parent visas
The Non-Contributory Parent Visas
The two visa subclasses within this category are:
- The Parent visa (Subclass 103) is available to offshore applicants; and
- The Aged Parent visa (Subclass 804) is available to onshore applicants who meet the age requirement (i.e., they must be eligible for the age pension in Australia).
Applicants should be aware that while these two visa options attract a lower Government Lodgement Fee (GLF), they are subject to lengthier processing times. Currently, both the subclass 103 and 804 visas are taking around 30 years to process and as such, are not generally viable options for many applicants.
The Contributory Parent Visas
There are four visa subclasses within the Contributory Parent visa category:
- The Contributory Parent (Temporary) visa (Subclass 173) is available to offshore applicants who wish to spread out the significant costs of the visa across two applications. The applicant is granted a temporary visa which is valid for two years. The applicant must then apply for the subclass 143 visa during that two-year period.
- The Contributory Parent (Migrant) visa (Subclass 143) is available to offshore applicants who can cover the full costs of the application upfront. The applicant is granted permanent residency once the visa application is finalised.
- The Contributory Aged Parent (Temporary) visa (Subclass 884) is available to onshore applicants who meet the age requirement, and wish to spread out the costs of the visa across two applications. The applicant is granted a temporary visa in the first instance which is valid for two years. The applicant must then apply for the subclass 864 visa during that two-year period.
- The Contributory Aged Parent (Residence) visa (Subclass 864) is available to onshore applicants who meet the age requirement, and who can cover the full costs of the application upfront. The applicant is granted permanent residency once the visa application is finalised.
These visas attract higher GLFs (with applicants required to pay a second Visa Application Charge) but are afforded faster processing times by the Department of Home Affairs.
While these visas are currently taking up to 12 years to process, it is still relatively shorter than the current processing times for the non-contributory visa subclasses.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.