Substituted 676 visa holders

The Migration Regulations 1994 ('the Regulations') enables holders of a substituted Subclass 676 (Tourist) visa (granted by the Minister using his public interest powers to substitute a more favourable decision for that of a review tribunal) to apply for certain visas, including parent visa subclasses:

• Aged Parent (Residence) visa (Subclass 804)
• Contributory Parent (Migrant) visa (Subclass 143)
• Contributory Aged Parent (Residence) visa (Subclass 864)
• Contributory Aged Parent (Temporary) visa (Subclass 884).

The amendments provide flexibility to the Minister to exercise the discretion to grant a Substituted Subclass 676 (Tourist) visa where the Minister considers the grant of a permanent visa would not be appropriate but wishes to provide these persons with the ability to apply for a further visa onshore.

Applications for the above parent visas which are made by the holders of a Substituted Subclass 676 visa, are not required to satisfy:

• the age requirement
• the Balance of Family (BoF) test
• public interest criterion 4004
• public interest criterion 4005 (must instead satisfy public interest criterion 4007).

Aged Parent (Residence) visa (Subclass 804)

The Aged Parent (Residence) visa (Subclass 804) is the least expensive visa option but it involves waiting a number of years (about 10 years according to current planning levels) in the parent visa queue after having met the initial queuing requirements.

If the Subclass 676 visa holder lodges a valid visa application for a Subclass 804 visa, they will be granted a bridging visa which will allow them to remain lawfully in Australia whilst their Subclass 804 visa is being processed.  Applicants may then apply for a Bridging B visa if they wish to travel from and return to Australia.

Before applying for an Aged Parent visa, applicants are encouraged to carefully consider their financial circumstances.  While they are in the queue, applicants are not eligible for Medicare benefits unless they are a national of one of the nine countries (Italy, Finland, Malta, New Zealand, Norway, Republic of Ireland, Sweden, The Netherlands, United Kingdom) which have reciprocal health care agreements with Australia.
See: www.medicareaustralia.gov.au

Applicants are also required to provide an Assurance of Support (AoS) before the grant of the visa which prevents them from accessing most Centrelink payments for at least two years after the grant of the Aged Parent visa.
See:
Assurance of Support
Aged Parent (Residence) Visa (Subclass 804)

Contributory Parent Visa Category - Contributory Parent (Subclass 143), temporary Contributory Aged Parent (Subclass 884) and permanent Contributory Aged Parent (Subclass 864) visas

The Contributory Parent visas have a much shorter processing time (about two years according to current planning levels), but applicants are required to pay substantial Visa Application Charges (VACs).  Applicants for a permanent Subclass 143 or Subclass 864 visa must also provide a higher AoS bond for a longer period (10 years).  This is designed to offset some of the costs of parent migration to the broader community. 

Before applying for these visa categories, applicants are encouraged to carefully consider their financial circumstances.  Applicants are required to pay a first VAC at the time of application and pay a second VAC before the visa can be granted.  The second VAC is substantial.  While they are in the queue, applicants are not eligible for Medicare benefits unless they are a national of one of the nine countries (Italy, Finland, Malta, New Zealand, Norway, Republic of Ireland, Sweden, The Netherlands, United Kingdom) which have reciprocal health care agreements with Australia. 
See: www.medicareaustralia.gov.au

Where provided, the AoS prevents the visa holder from accessing most Centrelink payments for at least ten years after the visa is granted (if granted while the applicant is in Australia) or for at least ten years after the Subclass 143 visa holder arrives in Australia (if granted while the holder is outside of Australia).
Note: The department has no legal power to reduce the AoS period or to refund the AoS bond.
See: Assurance of Support

Contributory Parent (Migrant) visa (Subclass 143)

Substituted 676 visa holders who are outside Australia are able to apply for Subclass 143 visa.  When they enter Australia on their Substituted 676 visa, they should approach the nearest office of the department, before the expiry date of the Substituted 676 visa, and enquire about the process of applying for a bridging visa in order to remain lawfully in Australia whilst the Subclass 143 visa is being processed.  They may then apply for a Bridging B visa if they wish to travel from and return to Australia. 

While Subclass 143 is intended mainly for applicants who are outside of Australia, Substituted 676 visa holders who are in Australia are also able to apply for a Subclass 143 visa.
See: Contributory Parent (Migrant) Visa (Subclass 143)

Contributory Aged Parent (Residence) visa (Subclass 864)

Substituted 676 visa holders who are in Australia are able to apply for a permanent Subclass 864 visa.  If they make a valid visa application for a Subclass 864 visa, they will be granted a bridging visa which will allow them to remain lawfully in Australia whilst their Subclass 864 visa is being processed.  They may then apply for a Bridging B visa if they wish to travel from and return to Australia. 
See: Contributory Aged Parent (Residence) Visa (Subclass 864)

Contributory Aged Parent (Temporary) visa (Subclass 884)

Substituted 676 visa holders can choose to apply directly for a permanent Contributory Aged Parent (Residence) visa (Subclass 864) or to go through a two-stage process.  Under the two-stage process, applicants initially apply for a Contributory Aged Parent (Temporary) visa (Subclass 884).  The temporary visa is only valid for a period of two years and cannot be extended or renewed.  At any time during the two-year validity period of the visa, the temporary visa holder can apply for the corresponding permanent visa.  Applicants must pay a first and second instalment of the VAC for both temporary and permanent visas. 

The net costs of the two-stage process are broadly similar to the option of applying directly for a permanent visa except that the costs are staggered across two applications.  The first and second VAC payable is based on the charges in place at the time that the respective application is lodged. 
Note: All VACs are subject to annual adjustment.
See: Contributory Aged Parent (Temporary) Visa (Subclass 884)

Visa application charges

Information on costs associated with parent visas is available.
See: Parent Visa Charges