Fact Sheet 31 - Family Stream Migration: Parent (Non-Contributory) Visas

Overview

There are two visa categories for parents wishing to migrate to Australia:

• the parent (non-contributory) category
• the contributory parent category.

To apply for any parent or contributory parent visa, you must be the parent of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, who is ‘settled’ at the time the application is lodged. You must also satisfy the balance of family (BoF) test.

The core requirements for both the parent category and the contributory parent category are similar. However there are key differences. These are:

• applicants in the parent (non-contributory) category have a significantly longer wait for applications to be finalised
• visa applications in the contributory parent category are accorded a higher priority for processing
• applicants for a contributory parent visa pay a substantially higher second visa application charge (per person) and a larger assurance of support (AoS) bond with a longer AoS period.

See:
Fact Sheet 39 Family Stream Migration – Contributory Parent Category visas
Parent Visa Processing Priorities

Parent category visas

The parent category comprises:

For elderly applicants applying in Australia

• Aged Parent (Residence) (subclass 804) visa.

For other applicants

• Parent (Migrant) (subclass 103) visa.

Age requirements

For Aged Parent (subclass 804) visa applications the primary applicant must be old enough to be granted an Australia aged pension.

There is no age restriction for Parent (subclass 103) visa applicants.
See: Booklet 3 – Parent Migration

Lodging parent visa applications

Aged Parent visa applicants must be in Australia at the time they lodge their visa application and at time of visa grant. There will be a number of years between these two events and applicants should be aware that they will not be eligible for most health and welfare services during this period.

Applicants for Parent (subclass 103) visas may lodge their application either in or outside Australia, but must be outside Australia to be granted the visa. They will not be eligible for a bridging visa to remain lawfully in Australia while their application is being processed.

Applicants are not able to lodge a Parent or Aged Parent visa application while they are in Australia if they are barred from doing so. Applicants may be barred if they have a condition 8503 'No Further Stay' on their current visa, or if they do not hold a substantive visa and have been refused the grant of a visa since last entering Australia.

Withdrawal of any other parent visa application

To make a valid visa application for any parent visa, the applicant must withdraw any existing parent visa application that has not yet been decided by the department. Withdrawal can be done by completing the relevant section of Form 47PA application for migration to Australia by a parent or form 47PT application for migration to Australia by a Contributory Parent (Temporary) or Contributory Aged Parent (Temporary) visa holder.
See:
Form 47PA – Application for a parent to migrate to Australia (530KB PDF file)
Form 47PT – Application for migration to Australia by a Contributory Parent (Temporary) or Contributory Aged Parent (Temporary) visa holder (389KB PDF file)

Similarly, an applicant must withdraw, or have finalised, any application for review (at either a review or tribunal or court) of a refusal decision in relation to any other parent visa application before a parent category visa can be granted.

Balance of family test

The balance of family test requires that at least half of your children live permanently in Australia, or that more of your children live permanently in Australia than in any other country.

In order to count as living permanently in Australia, your children must be:

• Australian citizens
• Australian permanent residents who are usually resident in Australia
• eligible New Zealand citizens who are normally resident in Australia.

See: Family Definitions

The test is designed as an objective measure of a parent's ties to Australia. No assessment is made about the nature of the parent and child relationship.
See: Balance of Family Test

Sponsorship

All applicants for parent migration must be sponsored. At the time the visa application is made, the sponsor must be a 'settled' Australian citizen, Australian permanent resident or 'eligible New Zealand citizen'. 'Settled' means a person must have been a resident in Australia for a reasonable period, which under policy is usually two years.

If the child of the parent is 18 years or older, then the parent can be sponsored by that child or by that child's cohabiting partner.

If the child has not turned 18, applicants may be sponsored by the cohabiting partner of their child if the partner has turned 18, a relative or guardian of their child, or a community organisation.

Public interest criteria

Each parent, and all dependent family members included in the application, must satisfy certain public interest requirements, including meeting the health and character requirements.
See:
Fact Sheet 22 – The Health Requirement
Fact Sheet 79 – The Character Requirement

Capping and queuing

All contributory and non-contributory parent visas are subject to capping. Capping is the number of visas set by the minister for a class for that program year has been reached, no further visas can be granted in that class in that program year.
See:
Parent Processing Priorities
Fact Sheet 21 – Managing the Migration Program

Visa application charge

All applicants for a parent category visa are required to pay a first and second visa application charge (VAC).

First VAC
A first VAC must be paid per application and must be paid at the time the applicants lodge their application. The first VAC is a processing fee and is not refunded if the application is unsuccessful.

Second VAC
A second VAC is required for each applicant included in the application. Payment of the second VAC is not required until just before the grant of a visa. The second VAC is only refunded in limited circumstances.
Example: If the visa is cancelled before the visa holder arrives in Australia.

For further information on fees and charges, refer to Form 990i on the department's website. Please note that most VACs will usually be subject to annual adjustment.
See: Fees and Charges ( 85KB PDF file)

Assurance of Support (AoS)

All permanent Parent and Contributory Parent visa applicants must provide an AoS before a visa can be granted and this requirement cannot be waived in any circumstances.

An AoS is a legal commitment by a person (not necessarily the sponsor) who repays the Australian Government welfare payments paid to a person applying to migrate during their AoS period. The period of an AoS is two years for Parent (non-contributory) visas.
See: Fact Sheet 34 – Assurance of Support

Processing priorities

The minister has issued a direction for migration officers giving guidance on the order of priority for processing family stream applications.

In the family stream, parent visa applications are given a lower processing priority than other family members such as partners and children.
See: Fact Sheet 37 – Processing Priorities

Further information and definitions

Applicants for a visa in the parent category should obtain the department's information Booklet 3 – Parent Migration (Form 1129), which can be purchased from any departmental office or can be downloaded free of charge from the department's website.
See: Booklet 3 – Parent Migration

Detailed information on all aspects of applying for a parent visa is also available on the department's website.
See:
Parent Visa Options
Definitions

Further information is available on the department's website.
See: www.immi.gov.au

The department also operates a national general enquiries line.
Telephone: 131 881
Hours of operation: Monday to Friday from 8.30 am to 4.30 pm (recorded information is available outside these hours).

Fact Sheet 31. Produced by the National Communications Branch, Department of Immigration and Citizenship, Canberra.
Last reviewed July 2011.

© Commonwealth of Australia 2009.