Parent, sponsored parent, contributory parent and aged dependent visas

Parent Visa

Parent visa (subclasses 103/804)

This is a permanent residency visa for parents of Australian citizens, permanent residents or eligible New Zealand citizens. In order to be eligible, the applicant must satisfy the balance of family test as defined by r 1.05 Migration Regulations 1994. The balance of family test requires that at least half of the parent’s children live permanently in Australia, or that more of their children live permanently in Australia than in any other country.

The Department of Home Affairs publishes the following table which may assist in working out if an applicant will pass the balance of family test. Total number of children Number of children usually resident in Australia Number of children usually resident in countries other than Australia Passes balance of family test.

Subclass 103 visas is for parents who are offshore at the time of application, whilst subclass 804 is an aged parent visa for parents who are old enough to receive the Australian aged pension and are in Australia at the time of application.

The applicant must also receive an ‘assurance of support’ which, under r 1.03 Migration Regulations 1994, is defined in Chapter 2C of the Social Security Act 1991.

The assurance of support for this visa lasts for two years from date of visa grant if the holder is in Australia, or from date of entry if the holder was outside Australia at the time of grant.

Parent visa applications are subject to capping and queuing, and current planning advice suggests that there is a wait of up to 30 years before visa grant consideration.

Aged Dependent Relative visa (subclasses 114/838)

This visa category is for aged relatives who are financially dependent on a relative who resides in Australia. The relative in Australia or spouse or de facto partner of the relative must sponsor the applicant. Eligible sponsors must be an Australian citizen, permanent resident or eligible New Zealand citizen over the age of 18. The applicant must be single and old enough to receive the Australian aged pension.

Subclass 114 visa is for applicants applying offshore, whilst subclass 838 is for applicants in Australia at the time of application.

Prior to lodging the visa application the applicant must have been wholly or substantially dependent on the Australian relative for a minimum of three years, where dependent is defined in r 1.05A(1) Migration Regulations 1994 as:

  1. Subject to subregulation
  2. A person (the first person) is dependent on another person if:
    • (a) at the time when it is necessary to establish whether the first person is dependent on the other person:
      • (i) the first person is, and has been for a substantial period immediately before that time, wholly or substantially reliant on the other person for financial support to meet the first person’s basic needs for food, clothing and shelter; and
      • (ii) the first person’s reliance on the other person is greater than any reliance by the first person on any other person, or source of support for financial support to meet the first person’s basic needs for food, clothing and shelter; or
    • (b) the first person is wholly or substantially reliant on the other person for financial support because the first person is incapacitated for work due to the total or partial loss of the first person’s bodily or mental functions.

The applicant must receive an assurance of support from a person to provide financial support to the applicant. Essentially this means an Australian permanent resident or citizen meets any welfare costs for that relative. The Department of Home Affairs page Assurance of support provides further details. Regulation 1.03 defines assurance of support in the context of Chapter 2C of the Social Security Act 1991.

The assurance of support for this visa lasts for two years from date of visa grant if the holder is in Australia, or from date of entry if the holder was outside Australia at the time of grant. The sponsor must demonstrate adequate accommodation arrangements have been made.

The applicant must demonstrate that they have been wholly or substantially dependent on their Australian relative for a minimum of three years prior to lodging an application for this visa.

Aged dependent relative visa applications are subject to capping and queuing, and current planning advice suggests that there is a wait of up to 50 years before visa grant consideration.

Sponsored Parent (Temporary) visa (subclass 870)

This visa category is for parents of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to visit for up to 3 or 5 years at a time. The applicant must be sponsored by an approved parent sponsor. This visa has a total maximum visit limit of 10 years. Once the visa has expired the applicant must be outside Australia for at least 90 days before applying for another sponsored parent (temporary) visa.

The applicant must be outside of Australia at the time of application.

There is a 15,000 cap on these visas each program year, which is 1 July to 30 June.

The criteria for an approved parent sponsor is set out in Division 2.13A – Criteria for approval of family sponsor, of the Migration Regulations 1994.

Applications for an approved parent sponsor and the sponsored parent (temporary) visa must be lodged online through ImmiAccount.

See the Department’s website for more information on this visa.

Contributory Parent visa (subclasses 143/173)

This visa category is for parents of Australian citizens, permanent residents or eligible New Zealand citizens to reside in Australia. The Contributory Parent visa has two options: subclass 143 is a permanent residency visa, whilst subclass 173 is temporary residency visa.

The applicant must be sponsored by their Australian resident child and meet the balance of family test. See the table reproduced at Parent visa (subclasses 103/804) above.

The applicant must be outside Australia at the time of application. The applicant may apply for a subclass 143 permanent residency visa immediately or apply for a subclass 173, which is granted for up to two years with the option of applying for a subclass 143.

Sponsors and/or applicants may choose to break up the application process due to the fees associated with the visa. The visa includes a visa application charge and a secondary visa application charge, which is requested prior to grant of visa. The fees vary depending on visa application history however can cost upwards of $60,000 for permanent residency through a Contributory Parent visa.

See item 1130 (subclass 143) or item 1221 (subclass 173) of Schedule 1 Migration Regulations 1994 for visa application fees, or the Department of Home Affairs website for further information regarding fees.

Further to the application fees the applicant must have an assurance of support which lasts for 10 years from date of entry.

The applicant may instead apply for a parent visa, however the contributory parent visa is not subject to queuing and as such has a significantly shorter processing time.

Contributory Aged Parent visa (subclass 864/884)

This visa category is for parents of Australian Citizens, Permanent residents, or eligible New Zealand citizens, to reside in Australia. The contributory parent visa has two options – the subclass 884 is a temporary residency visa, whilst the subclass 864 is a permanent residency visa.

The applicant must be eligible to receive the Australian aged pension, be sponsored by their Australian resident child, and meet the balance of family test. See the table reproduced at Parent visa (subclasses 103/804) above.

This visa is for applicants who are in Australia at the time of application. The applicant may apply for a subclass 864 (permanent residency) visa immediately, or apply for a subclass 884, which is granted for up to two years with the option of applying for a subclass 864.

Sponsors and/or applicants may choose to break up the application process due to the fees associated with the visa. The visa includes a visa application charge and a secondary visa application charge which is requested prior to grant of visa. The fees vary depending on visa application history however can cost upwards of $60, 000 for permanent residency through a contributory aged parent visa.

See item 1130A (subclass 864) or item 1221A (subclass 884) of Schedule 1 Migration Regulations 1994 for visa application fees, or the Department of Home Affairs website for further information regarding fees. Further to the application fees, the applicant must have an assurance of support, which lasts for 10 years from the date of visa grant.

The applicant may instead apply for an Aged Parent visa. However, the contributory aged parent visa is not subject to queuing and as such has a significantly shorter processing time.

Remaining Relative visa (subclasses 115/835)

This is a permanent residency visa for someone whose only near relatives reside in Australia. ‘Near relative’ is defined by r 1.15(2)(a) as a parent, brother, sister, step-brother or stepsister of the applicant. The near relatives must usually reside in Australia as Australian citizens, permanent residents or eligible New Zealand citizens.

Subclass 115 is for visa applicants who are outside Australia at the time of lodgement and subclass 835 is for visa applicants who are in Australia at the time of lodgement.

The applicant must be sponsored by an eligible near relative over the age of 18 and must be provided with an assurance of support.

The assurance of support for this visa lasts for two years from date of visa grant if the holder is in Australia, or from date of entry if the holder was outside Australia at the time of grant. The sponsor must also demonstrate adequate accommodation arrangements have been made.

Remaining relative visa applications are subject to capping and queuing, and current planning advice suggests that there is a wait of up to 50 years before visa grant consideration

Why Choose Aries?

The whole ‘lawful visa acquisition’ process can be one lengthy and paperwork intensive task. Our Immigration Lawyers have helped over a thousand people with their immigration cases and know exactly what is required to get the immigration process done smoothly. We will make the whole process easy and comfortable for you. You would only have to answer a few simple questions on our Immigration page, and we will get back to you.

Read about other Australian Visa Categories

Visitor Visas

Travellers visa in Australia

For current visa fees and charges see the Fees and charges for visas page produced by the Department of Home Affairs. This page contains a visa Pricing Estimator as well as a visa pricing table, which is divided into the following categories: visit, study, work, live, other and repealed or closed visas.

The visitor visa stream is designed for people who wish to enter Australia for the following purposes:

  1. To visit family;
  2. For short term business activities;
  3. As a tourist.

The common factor between them is that the applicant will have to satisfy the department that their visit is for genuine reasons, which will vary depending on the stream, and that they have strong motives to return to their home country at the end of the visit. Such reasons could include the following:

  1. Evidence of current overseas employment for the applicant;
  2. Evidence of current overseas education for the applicant;
  3. Overseas family ties for the applicant.

Visitor visa (subclass 600)

There are several different streams under this visa subclass including:

  1. Tourist;
  2. Business visitor;
  3. Sponsored family;
  4. Approved destination.

Tourist stream

This stream is for applicants who wish to visit Australia for any reason that is not related to business or medical treatment. This visa can be granted for up to 12 months, with multiple entries. Parents of Australian citizens or permanent residents may be able to visit for longer based on their visa history.

Business visitor stream

This stream is for applicants who wish to visit Australia for ‘business visitor activity’, as defined in r 1.03 of the Migration Regulations 1994. A visitor visa holder cannot work in Australia. This visa stream is for applicants who wish to:

  • Investigate or negotiate any form of business contracts;
  • Attend a conference or trade fair;
  • Make general employment enquiries.

Applicants may provide a letter of invitation from Australian businesses inviting them to come to Australia in order to negotiate a particular deal. However, they cannot be paid by an Australian organisation or business to carry out particular work or services.

Family sponsored stream

Under this stream the applicant could be sponsored by an Australian family member. An eligible sponsor is a ‘relative’ as defined in r 1.03.

The sponsor could be asked by the department to pay a bond to secure that the applicant will return to their home country at the end of the visit. The sponsor would then receive the bond back after the applicant returns to their home country.

The Australian sponsor usually provides evidence to the department demonstrating their financial capabilities to ensure that the applicant will be sufficiently supported during their stay in Australia.

If the applicant is coming to Australia in order to attend a family event such as a wedding, engagement or birthday, it is recommended that an invitation is provided as a supporting document to the application.

Approved destination stream

This stream is for applicants who are citizens of the People’s Republic of China and are travelling to Australia as a part of an organised tour. The applicant must apply through a registered travel agent as per Schedule 5 of legislative instrument IMMI 17/124.

Electronic Travel Authority visa (subclass 601)

This visa is for tourists who hold an Electronic Travel Authority (ETA) eligible passport. Applicants must apply only through the Electronic Travel Authority site.

Citizens of the following countries are eligible for the ETA:

– Andorra – Austria – Belgium – Brunei – Canada – Denmark – Finland – France – Germany – Greece – Hong Kong (SAR) – Iceland – Ireland – Italy – Japan – Liechtenstein – Luxembourg – Malaysia – Malta – Monaco – The Netherlands – Norway – Portugal – Republic of San Marino – Singapore – South Korea – Spain – Sweden – Switzerland – Taiwan – United Kingdom – United States of America – Vatican City

Medical Treatment visa (subclass 602)

The Medical Treatment visa is for non-citizens to enter or remain in Australia for the purposes of seeking medical treatment. To be eligible, the applicant must meet one of the following criteria:

Obtain medical treatment

The applicant seeks to enter Australia to obtain medical treatment other than for surrogate motherhood, they are free from disease that could threaten the Australian community, and arrangements have been made for the costs of the treatment. If the treatment is for an organ transplant, the donor is accompanying the applicant or appropriate arrangements have been made for the donation to be concluded in Australia.

Organ donor to applicant

The applicant is an organ donor to an applicant who meets the above criteria, the applicant has undergone the required medical assessments, and arrangements have been made for the costs of the treatment.

  • Emotional or other support to applicant
  •  The applicant seeks to provide emotional or other support to an applicant who meets one of the abovementioned criteria, or an applicant who meets the requirements in subclause 675.212(2) or (3), or 685.212(2) or (3), and the applicant has undergone the required medical assessment. Visa subclasses 675 and 685 are no longer available to new applicants.

Citizen of Papua New Guinea

The applicant is a citizen of Papua New Guinea, resides in the Western Province of Papua New Guinea and the Queensland government department that is approved as responsible for health has approved the medical evacuation of the applicant to, or the treatment of the applicant in, a hospital in Queensland.

 Medically unfit to depart

  • The applicant is 50 or over, in Australia and has been refused a permanent visa due to public interest criteria, and is medically unfit to depart.
  • The applicant meets one of the above criteria, is in Australia as the holder of a medical treatment visa and is suffering from financial hardship, has undergone relevant medical assessment, and has compelling personal reasons to work in Australia.
  • The applicant meets one of the abovementioned criteria, is in Australia, has compelling reasons for grant, and has undergone relevant medical assessment.

Unless the applicant is unfit to depart, the grant of their visa cannot disadvantage an Australian citizen or permanent resident in obtaining medical treatment or consultation. The applicant must also be able to support themselves during their stay unless financial hardship is demonstrated and must genuinely intend to stay in Australia temporarily.

Why Choose Aries?

The whole ‘lawful visa acquisition’ process can be one lengthy and paperwork intensive task. Our Immigration Lawyers have helped over a thousand people with their immigration cases and know exactly what is required to get the immigration process done smoothly. Aries Lawers will make the whole process easy and comfortable for you. You would only have to answer a few simple questions on our Immigration page, and we will get back to you.

Read about other Australian Visa Categories

Child Visas

Child Visas in Australia

Dependent Child Visa (Subclass 445)

This visa is for dependent children of a parent who holds a Partner (provisional) visa or a Dependent Child visa where the child was not included in the original visa application. This is a temporary visa allowing the child to enter Australia while waiting for the second stage partner visa to be processed. As a dependent child visa holder they will be included in the second stage processing of the partner visa (permanent residency).

A dependent child is defined in r 1.03 of the regulations as a single child or step-child of a person who is dependent on that person. A dependent is defined in r 1.05A.

The applicant must be sponsored by the person who has sponsored their parent.

Child visa including adoption and orphan visas

This visa category allows for children of an Australian citizen, permanent resident, or an eligible New Zealand citizen to live in Australia. To be eligible for each of these subclasses the child must be under the age of 25 and single.

The applicant must be the child or step-child of the sponsor and the child must be dependent on the sponsor. A step-parent may sponsor a child, even if they are no longer with the child’s partner, if they have legal responsibility to care for the child.

If the child is over 18 for the purposes of this category dependent is defined by r 1.05A(1) of the Migration Regulations 1994 as:

  1. Subject to subregulation
  2. a person (the first person) is dependent on another person if:
    1. at the time when it is necessary to establish whether the first person is dependent on the other person:
      •  the first person is, and has been for a substantial period immediately before that time, wholly or substantially reliant on the other person for financial support to meet the first person’s basic needs for food, clothing and shelter; and
      •  the first person’s reliance on the other person is greater than any reliance by the first person on any other person, or source of support, for financial support to meet the first person’s basic needs for food, clothing and shelter; or
    2. the first person is wholly or substantially reliant on the other person for financial support because the first person is incapacitated for work due to the total or partial loss of the first person’s bodily or mental functions.

Child visa (subclass 101) – Outside Australia at time of application

This visa subclass is for children of eligible sponsors who are outside Australia at the time of application.

If the applicant is between 18 and 25 and is not incapacitated for work they must be single, not engaged in full-time work, and be undertaking full-time tertiary study: clause 101.213 of Schedule 2. A gap of more than six months between completing high school and beginning tertiary education must be explained.

Child visa (subclass 802) – Inside Australia at time of application

This visa subclass is for children of eligible sponsors who are inside Australia at the time of application. An adopted child must have been adopted before the age of 18.

If the applicant is between 18 and 25 and is not incapacitated for work they must be single, not engaged in full-time work, and be undertaking full-time tertiary study (clause 802.214 of Schedule 2). A gap of more than six months between completing high school and beginning tertiary education must be explained.

Adoption visa (subclass 102)

This is a permanent residency visa for children under the age of 18 who have been adopted by an eligible sponsor: an Australian citizen, permanent resident or eligible New Zealand citizen at time of adoption. For the purposes of this subclass a competent authority is defined in r 1.03 of the Migration Regulations 1994 as:

“competent authority”, in relation to an adoption (including a prospective adoption), means:

  1. for Australia:
    • in the case of an adoption to which the Adoption Convention applies — a State Central Authority within the meaning of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998; and
    • in the case of an adoption to which a bilateral adoption arrangement applies — a competent authority within the meaning of the Family Law (Bilateral Arrangements – Intercountry Adoption) Regulations 1998; and
    • in any other case — the child welfare authorities of an Australian State or Territory; and
  2. for an Adoption Convention country — a Central Authority within the meaning of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998; and
  3. for a prescribed overseas jurisdiction within the meaning of the Family Law (Bilateral Arrangements – Intercountry Adoption) Regulations 1998 — a competent authority within the meaning of those regulations; and
  4. for any other overseas country — a person, body or office in that overseas country responsible for approving the adoption of children.

To be eligible for this visa the applicant must be legally adopted and at least one adoptive parent must be an eligible sponsor under one of the following circumstances:

  • The applicant was adopted overseas by a parent who had been residing overseas for more than 12 months and the Minister is satisfied this was not done to circumvent the requirements for entry, and the adoptive parent has lawfully acquired full and permanent parental rights by adoption.
  • The adoptive parent or parents, as a spouse or de facto couple, have an undertaking in writing to adopt the applicant and a competent authority in Australia has approved the adoptive parent or parents.
  • The arrangements for adoption are in accordance with the Adoption Convention or r 5 of the Family Law (Bilateral Arrangements – Intercountry Adoption) Regulations 1998 and the competent authority in Australia has approved the prospective parents.
  • The applicant was adopted in accordance with the Adoption Convention in an Adoption Convention Country.

Orphan relative visa (subclasses 117/837)

This visa is a permanent residency visa for an orphan relative child of an Australian citizen, permanent resident or eligible New Zealand citizen. The applicant must be under the age of 18 and unable to be cared for by either parent because they are both dead, permanently incapacitated or of unknown whereabouts, and the grant of the visa must be in the best interests of the child: r 1.14. Migration Regulations 1994.

Subclass 117 visas are for applicants who are outside Australia at the time of lodgement, whilst subclass 837 visas are for applicants inside Australia at the time of application.

The sponsor must be an Australian relative, that is, an Australian citizen, permanent resident, or eligible New Zealand citizen over the age of 18.

The sponsor must demonstrate they are able to provide accommodation and financial support to the orphan relative and may be requested to provide an assurance of support.

Why Choose Aries?

The whole ‘lawful visa acquisition’ process can be one lengthy and paperwork intensive task. Our Immigration Lawyers have helped over a thousand people with their immigration cases and know exactly what is required to get the immigration process done smoothly.  Aries Lawers will make the whole process easy and comfortable for you. You would only have to answer a few simple questions on our Immigration page, and we will get back to you.

Read about other Australian Visa Categories

Aries Lawyers

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