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Fact sheet 31 - Family stream migration: parent (non-contributory) visas

Overview

On 2 June 2014, the government introduced significant changes to the Family Stream and will no longer accept new applications for the following Parent visas:

  • Aged Parent (Residence) visa (subclass 804)
  • Parent (Migrant) visa (subclass 103).

All applications lodged before 2 June 2014 will be processed as normal.

Family members of previously lodged applicants (2 June 2014) might be able to added to the application before a decision is made on their visa.
See: Closing of Non-Contributory Parent and Other Family visas

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 instalment of the 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

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 (750KB PDF)
Form 47PT – Application for migration to Australia by a Contributory Parent (Temporary) or Contributory Aged Parent (Temporary) visa holder (605KB PDF)

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 lodged and 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 22The Health Requirement
Fact Sheet 79The Character Requirement

Capping and queuing

All non-contributory parent visas are subject to capping. Capping is the number of visas set by the minister for a class for that Migration Programme year that may be granted until that cap is reached. No further visas can be granted in that class in that Migration Programme year.

Queuing is an administrative mechanism that is ongoing even when a cap has been reached for a Migration Programme year. The queue establishes an order of precedence that can stretch many years into the future.  If an applicant meets the legal requirements for the grant of the visa they are allocated a queue date, which is the date on which the last of the core visa criteria were assessed as being met.

When a visa place becomes available under the Migration Programme, applications are released for final processing in order of the queue date allocated to an applicant. To be granted a visa, the applicant must continue to meet all the core criteria of the visa and complete outstanding requirements (including health, character, Assurance of Support and payment of the second instalment of the visa application charge).
See:
Parent processing priorities
Fact sheet 21 – Managing the Migration Programme

Visa application charge

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

First VAC
A first VAC must be paid per applicant 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 the department's website. Please note that most VACs will usually be subject to annual adjustment.
See: Fees and charges

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 for family stream migration

Fact sheet 31. Produced by the National Communications Branch, Department of Immigration and Border Protection, Canberra.