Fact Sheet 31 - Family Stream Migration: Parent Category Visas
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The Family Stream of Australia's Migration Program enables the reunion in Australia of immediate family members, including parents.
There are two visa categories for parents wishing to migrate to Australia:
- the parent category
- the contributory parent category.
The differences between the two categories are:
- the contributory parent category has more visa places available each migration program year
- visa applications in the contributory parent category are accorded a higher priority than applications in the parent category
- applicants for a contributory parent visa pay a substantially higher second visa application charge and a larger Assurance of Support (AoS) bond (with a longer AoS period).
The parent category comprises:
For applicants applying from outside Australia
- Subclass 103 Parent (Migrant) visa
For applicants applying from in Australia
- Subclass 804 Aged Parent (Residence) visa
See: Fact Sheet 39 Family Stream Migration – Contributory Parent Category visas
Requirements
The core requirements for both the parent category and the contributory parent category are similar. However, due to the high demand for the limited number of parent visas, applicants in the parent category have a longer wait for their application to be finalised.
To apply for a visa in the parent category, you must be the parent of a child, who is a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen. 'Settled' means a person must have been resident in Australia for a reasonable period, which under policy is usually two years.
For Aged Parent (subclass 804) visa applications the primary applicant must be aged. An aged parent is one who is old enough to be granted an Australian age pension. For men the qualifying age for an Australian age pension is 65 years. For women it is gradually being increased from 60 to 65 years.
In addition, Aged Parent visa applicants must be in Australia to lodge their visa application and to be granted the visa.
For a Parent (Migrant) visa, applicants may lodge their application either in or outside Australia, however they must be outside Australia to be granted the visa.
Applicants are not able to lodge an application while in Australia if they are barred from doing so. Applicants may be barred if they have a 'No Further Stay' condition 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.
Applicants for a visa in the parent category should obtain the 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
Note: Perth Offshore Parents Centre (POPC) has been re-named the Parent Visa Centre (PVC).
Withdrawal of any other parent visa application
To make a valid visa application in the parent category, the applicant must withdraw any existing parent application that has not yet been decided by the department. Withdrawal can be done by completing the relevant section of the Form 47PA application for migration to Australia by a parent.
See: Form 47PA
Note: Perth Offshore Parents Centre (POPC) has been re-named the Parent Visa Centre (PVC).
Similarly, an applicant must withdraw, or have finalised, any application for review of a refusal decision in relation to any other parent visa application before a visa in the parent category can be granted.
Balance of family test
All applicants for a visa in the parent category must meet the 'balance of family' (BoF) test. This means the applicants must have:
- at least half of their children living lawfully and permanently in Australia
or - more children living lawfully and permanently in Australia than in any other single country overseas.
Children of both parents are counted in the test, including any children of previous married relationships or de facto relationships of either parent.
Children to be considered for the purpose of the BoF test include your children and stepchildren. This is irrespective of whether they are dependent, self–supporting, married, in a de facto relationship, single or divorced.
The quality of the parent's relationship with such children is not a relevant factor in this test.
The purpose of the test is to establish the nature of a parent's ties to Australia and the support likely to be available from their children in Australia.
Some single, aged parents who do not meet the BoF test may be eligible under the Aged Dependent Relative category if they are able to prove that they have been, and continue to be, dependent on their relative (child) in Australia.
See: Fact Sheet 32 Family Stream Migration – other family
Sponsorship
All applicants for parent migration must be sponsored. The sponsor must be either an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is settled. 'Settled' means a person must have been a resident in Australia for a reasonable period, 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 close 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
A number of visa classes in the family stream can be subject to capping. This means that when 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.
All parent visas are subject to capping.
See: 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 time of lodging the application.
The first VAC is not refunded if the application is unsuccessful.
Second VAC
A second VAC is required for each individual applicant on the application. Payment of the second VAC is not required until just before grant of a visa.
The second VAC for the Parent category is considerably less than for the Contributory Parent category.
See: Fees and Charges (95KB PDF file)
Assurance of Support (AoS)
An AoS is a legal commitment by a person (not necessarily the sponsor) to repay to the Australian Government certain welfare payments paid to migrants during their respective AoS period.
All permanent parent visas are subject to a required (mandatory) AoS.
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, all parent visa applications are given a lower processing priority than other family members such as partners and children.
In the parent visa categories, the contributory parent category has a higher processing priority than the parent category.
See: Fact Sheet 37 Processing Priorities
Further information is available on the department's web site.
See: www.immi.gov.au
The department also operates a national telephone service inquiry line.
Telephone: 131 881
Hours of operation: Monday to Friday from 9 am to 4 pm (recorded information available outside these hours) for the cost of a local call anywhere in Australia.
Fact Sheet 31. Produced by the National Communications Branch, Department of Immigration and Citizenship, Canberra.
Revised 1 July 2009.
© Commonwealth of Australia 2009.