Parent, sponsored parent, contributory parent and aged dependent visas

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.

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