Parents of an Australian citizen, Australian permanent resident or eligible New Zealand citizen may be able to migrate to Australia. Visa options are available for parents who are outside or inside Australia at the time an application is lodged. To be granted a visa in the Parent category, generally you must have a child who is settled in Australia and is an Australian citizen, permanent resident or eligible NZ citizen. You must also pass the “Balance of Family” test and satisfy certain public interest criteria. The parent visa options that we can assist with are listed below.
- Subclass 884 (Temporary Residence) / 864 (Permanent Residence) – Contributory onshore
- Subclass 173 (Temporary Residence) / 143 (Permanent Residence) – Contributory offshore
Note: There are non-contributory parent visa options, but the processing times on these visas is approximately 30 years, so they are not a feasible option for our clients.
There are a number of criteria that apply to all of the listed parent visas.
Balance of Family test and the ‘settled’ criteria
To meet the Balance of Family test it is necessary to have at least half of your children living in Australia as permanent residents OR more children in Australia on permanent resident visas than live in any other single country in the world.
One of the children will need act as a sponsor for the visa, and it is a requirement that the child be ‘settled’. Excluding a few exceptions, children are generally required to have lived in Australia for at least 2 years to be considered settled.
Assurance of Support (AOS)
In order for the application to be approved, an Australian permanent resident or citizen will need to lodge a bond with the Australian government office of Centrelink, which is known as an Assurance of Support (AOS). The amount of the bond and the earnings requirements for the Australian will depend on the visa being applied for and the family composition of both the sponsor and the applicant.
In most instances the sponsoring child acts as the assurer, but it is possible for this to be another party, or several individuals applying jointly.
Health and Character
Applicants and all dependent family members are also expected to meet the health and character requirements.
The Contributory Parent visa has a significant fee, which the Department of Immigration and Border Protection indicates is so that the applicants can make a higher contribution to their health and welfare costs in Australia. The fee will depend on the visa being applied for and the family composition of the applicant.
We provide detailed advice in relation to the most suitable visa options available for your family members and their eligibility to meet the relevant legislative requirements for the visa grant. We can assess the eligibility of the sponsor and applicant and also provide guidance on costs and processing times, to assist in the planning of the application.