If your child is an Australian citizen or Australian permanent resident, you can apply for a Parent Visa Australia if you want to join your child and move to Australia as a permanent resident yourself. Parent visas are a popular option for migrating to Australia and parents of step-children and adopted children may also apply as long as they meet the eligibility criteria.
Applying for a visa can be a complicated process, but HCM Legal can take care of everything to ensure your application is successful. Here is a look at the options:
Parent Visa Categories
For anyone wishing to stay in Australia indefinitely, there are a number of options available for parent visas that may lead to permanent residency. It is worth becoming familiar with the different parent visa categories and eligibility requirements before you make your visa application as any mistake may result in a refusal and further delay an already slow process.
The parent visa includes several sub-classes which are divided into contributory parent and non-contributory parent visas:
• Parent Visa subclass 103
• Permanent Contributory Parent Visa subclass 143
• Temporary Contributory Parent Visa subclass 173 to Contributory Parent Visa subclass 143
• Permanent Contributory Aged Parent Visa subclass 864
• Temporary Contributory Aged Parent Visa subclass 884 to Contributory Aged Parent Visa subclass 864
• Sponsored Parent Temporary Visa subclass 870
What is the Difference Between a Contributory and Non-Contributory Parent Visa?
The main differences between a contributory and non-contributory parent visa are the cost and processing times. Non-contributory parent visas are considerably less expensive than contributory parent visas. However, the processing times for a non-contributory parent visa is excessively long because so few are made available each year. Furthermore, there is also the potential for the Australian government to cancel all these types of parent visa applications, as they have attempted in the past.
It is worth becoming familiar with the different parent visa categories and eligibility requirements before you make your visa application as any mistake may result in a refusal and further delay an already slow process.
Parent Visa subclass 103
• The Parent Visa subclass 103 allows the parent of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to stay in Australia and apply for Australian citizenship, if eligible.
• Holders of this visa can stay, work and study in Australia indefinitely and in enrol in Australia’s public health scheme.
• It costs AUD6,490
• This type of visa is in high demand and processing times can take between 10 and 30 years as applications are subject to capping with far more applications received than visas available.
Contributory Parent Visa subclass 143 and 173
The subclass 143 is a permanent contributory parent visa that allows the parent of an Australian citizen, permanent resident or eligible New Zealand citizen to migrate to Australia. This visa can be applied for as a two-stage process by applying for the subclass 173 visa first. This also allows you to spread the cost over several years.
The visa subclass 173 is a temporary visa that grants holders the right to live, work and study in Australia for up to 2 years. Visa holders also have 2 years to apply for a permanent 143 visa, although being issued with a subclass 173 visa is not a prerequisite for the subclass 143 visa.
The visa costs AUD47,825 and although there are currently no guidelines from Home Affairs about how long processing takes, it’s generally around 3 years.
Contributory Aged Parent Visa subclass 864 and 884
Subclass 864 is a permanent visa that allows an aged parent of an Australian permanent resident, eligible New Zealand citizen or settled Australian citizen the right to stay in Australia.
In common with subclass 143/173, applying for the subclass 864 agent parent visa is also a two-step process. The temporary visa, subclass 884, can be applied for first, which grants a stay of 2 years. During this time, you can apply for the permanent 864 visa with the advantage of spreading the cost over those 2 years.
The Aged Parent Visa has the same eligibility criteria as the subclass 143, except for this visa, applicants must be old enough to receive the Australian state pension (currently 66 years of age). The visa costs the same AUD47,825 as subclass 143.
Sponsored Parent Temporary Visa Subclass 870
This is a recently launched temporary parent visa who offer parents the opportunity to visit with their children in Australia for a longer time than offered by visitor visas. Parents can now stay in Australia for a continuous period of up to 5 years with an approved parent sponsor.
To be eligible for the visa subclass 870, a parent must be:
• The biological, step or adoptive parent or parent-in-law of the parent sponsor
Sponsors must meet certain requirements, including:
• Being an Australian citizen, permanent resident or eligible New Zealand resident to
• Having a taxable income of AUD83,454.80
• Being at least 18 years of age
• Having no debts to the Commonwealth
• Providing police clearances for any country they have spent more than 12 months cumulatively in during the last 10 years
• Having met any previous sponsorship obligations
The cost of the sponsored parent visa is AUD5,090 for up to 3 years and AUD10,180 for up to 5 years. The visa can be paid in two instalments and 90% of applications are processed within 9 months.
Complex policy and legislation can be difficult to follow and you may not know what is the best option for your particular circumstances. At HCM Legal, we have years of expertise in the area of immigration law.
Additional Eligibility Criteria
All applicants for visas to Australia must meet the basic eligibility requirements to gain entry to the country. For parent visas this includes:
Sponsorship by an Eligible Sponsor
If you wish to apply for a parent category sponsor either for permanent residency or on a temporary basis, your family member must be an eligible sponsor in terms of being a permanent Australian or eligible New Zealand resident or Australian citizen.
Balance of Family Test
This test determines the degree of your links to Australia. You will meet the balance of family test if
• you have more children living in Australia than elsewhere
• a minimum of half of your children resides in Australia permanently
Assurance of Support
Unless you apply as a retiree, an assurance of support is required to demonstrate that you will not rely on government assistance once you have entered Australia on a parent visa. This will typically be required from your child sponsor.
Meet the Health Requirements
Visa applicants to Australia must meet minimum health requirements to protect Australian citizens from public health and safety risks and to ensure they have reasonable access to health and community services. Certain visa applicants require health examinations, for example if they are arriving from countries with a high risk of diseases, such as tuberculosis or Ebola.
All applicants for permanent visas must undergo a full medical examination and chest x-ray before a visa is issued. Some visitors on temporary visas may also be required to undergo an examination and chest x-ray or provide a “fitness to travel” letter from their doctor.
Have Adequate Health Insurance
You must maintain adequate health insurance to cover necessary medical treatment, including transport until you are granted a Parent Visa. As a temporary visitor to Australia, you will be responsible for all costs associated with medical care—and these can be very expensive if you do not have insurance to cover them.
In some cases, you may have to provide evidence of your health insurance arrangements before your visa is granted. You are encouraged to search around for insurance that provides you with the best cover for your needs at the most competitive price.
Meet the Character Requirements
Visitors and applicants who want to stay in Australia permanently must be of good character. Thus, you will not meet the character requirements if:
• you have a significant criminal record
• you have been a member of a group involved in criminal conduct
• you have been convicted of escaping from an immigration detention centre
• there is a risk you may engage in criminal conduct in Australia
• you have been found guilty of a sexual offence against a child
• you have been convicted of domestic violence or had a domestic violence order issued against you
When you apply for your visa, you should be honest and provide details of any criminal conduct. If you are not truthful then your application may be refused.
You may be asked to provide a police certificate from every country you have lived in for at least 12 months over the last 10 years.
Had a Previous Application Refused or Visa Cancelled
If you have previously had a visa application refused or visa cancelled, then you may not be eligible to apply for a parent visa. However, if you meet the eligibility criteria you may be granted entry on another type of visa.
Further information about Parent Visas Australia
Complex policy and legislation can be difficult to follow and you may not know what is the best option for your particular circumstances. At HCM Legal, we have years of expertise in the area of immigration law. We can go through the process with you in straightforward language, answering any questions you may have and explaining the different options available. Applying for a visa is complicated, but this is something we do all the time—so, take no chances on your visa being declined and let us handle it.
If you’d like to know more about applying for a Parent Visa Australia, don’t hesitate to get in touch and contact one of our Immigration team today.