Wouldn’t it be nice if you are able to unite with your parents who are still living abroad and have them live close to you for the rest of their lives?
And it is possible!
There are many types of visas for parents. The popular visas, which can be lodged both onshore and offshore are:
Parent Visa – Subclass 103 & Subclass 804
Parent Visa Subclass 103 is an offshore application, whilst the Aged Parent Visa Subclass 804 is onshore. These are Permanent Visas, and have similar eligibility requirements. For instance, the Primary Applicant:
- must be at least 65 years old.
- must meet the Balance-of-family-test
- should have a Sponsor, who usually is your child and is an Australian citizen or Permanent Resident or an eligible New Zealand citizen
- must have an Assurer who is ready to provide AoS* when DHA* requests
After obtaining the Visa, you can:
- stay in Australia indefinitely
- enrol in Australia’s public healthcare scheme, Medicare
- work and study in Australia
- travel to and enter Australia for 5 years
- apply for Australian Citizenship, when eligible
- You must satisfy other basic criteria such as health, character etc.
- DHA’s application fee starts from AUD 6,415.
- If you are applying for subclass 103 as a retiree, you need not satisfy some of the above criteria.
- The processing time frames of these visas are not known but, DHA advises that it may take up to 30 years for new applications.
Contributory Parent Visa – Subclass 173 & Subclass 884
Contributory Parent Visa Subclass 173 is an offshore application, while Contributory Aged Parent Visa Subclass 884 is onshore. These are temporary visas allowing you to live in Australia for 2 years. Like subclasses 103 and 804 above, the eligibility requirements have similarities such as, you:
- have a Sponsor
- meet the Balance-of-family-test
After 2 years of the visa being granted, if you are eligible, you can apply for the permanent visas – Contributory Parent (offshore) Subclass 143/ Contributory Aged Parent (onshore) Subclass 864.
- You must satisfy other basic requirements such as age, health, character etc.
- You should not have a Sponsored Parent (Temporary) (Subclass 870) visa, when applying for subclass 173.
- DHA’s application fees are significantly higher when compared with visa subclasses 103 and 804 above. They start from AUD 31,930 (offshore) and AUD 33,285 (onshore).
- The processing time frames are not known, though are much faster than visa subclasses 103 and 804 – starting at 3 years.
Stephens & Tozer have specialists in Migration Law for cross border visas such as Parent Visas. We have assisted many Australians in reuniting with their parents. The Australian Migration Law can be complex and confusing for some. Our staff can assist in providing clarity, showing you the pathway, lodging applications on your behalf and winning complex arguments with the AAT and the Federal Courts.
Should you require assistance/clarity on any of the below in relation to Parent Visas, we at Stephens & Tozer can assist:
- Who is a Sponsor?
- Who is a Retiree?
- Who is an Assurer?
- What is AoS?
- Can I include family members in my application?
- What is a subclass 870 visa?
- Can I pay the visa application fees in installments?
- What if I wish to travel overseas after 5 years of obtaining Permanent Residency?
- Can I lodge Contributory Parent’s Permanent Visas directly?
*DHA – Department of Home Affairs, AoS – Assurance of Support
Naga Putchala is a Senior Paralegal at Stephens & Tozer and admitted as a Lawyer in India. Having previously worked in an immigration advice center in Melbourne, Naga specialises in Australian Migration Law. Naga has got favorable results for her many clients, be it a Visa, Citizenship or a Tribunal matter. If you have any queries with regards to Australian Migration, please feel free to contact our Migration team at Stephens & Tozer Solicitors.
19 March 2021