Parent Visas
Australia's parent visa program allows an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to sponsor a parent for residence in Australia. The program distinguishes between contributory and non-contributory pathways, between offshore and onshore applicants, between permanent and temporary stays, and between aged and non-aged applicants. Choice of subclass has profound consequences for cost, timing, and outcome.
Visa Plan Lawyers prepares parent visa applications with strategic clarity on the trade-offs between subclasses, and represents applicants in protracted contributory and non-contributory queues. Each pathway is built on the precise statutory criteria in the Migration Regulations 1994.
Request a ConsultationThe Parent Visa Framework
The parent visa framework is set out in Schedule 2 of the Migration Regulations 1994. All permanent subclasses require the applicant to satisfy the Balance of Family Test in regulation 1.05, to obtain an Assurance of Support administered by Services Australia, and to meet health and character requirements. The contributory pathways add a second-instalment Visa Application Charge that materially exceeds the non-contributory equivalent.
The annual program cap drives the queue. Non-contributory subclasses currently carry processing estimates of approximately 31 years, with the Department releasing applications with queue dates up to January 2013 for final processing. Contributory subclasses sit on shorter but still substantial waits, with applications queued up to May 2018 currently being released. The temporary Subclass 870 sits outside the permanent program but within an annual cap of 15,000 places.
Parent Visa Subclasses
The pathway that applies depends on the parent's age, location, financial position, and the family's tolerance for queue length. Each subclass is a separate legal pathway with distinct requirements.
- Contributory Parent Visa (Subclass 143 / 173) Offshore contributory pathway. Subclass 143 grants permanent residence directly. Subclass 173 grants a 2-year temporary visa with a smaller second instalment, then transitions to the Subclass 143.
- Aged Parent Visa (Subclass 804) Onshore non-contributory permanent visa for parents who have reached Aged Pension age. Lower cost; very long queue. Bridging Visa A on lodgement.
- Contributory Aged Parent Visa (Subclass 864 / 884) Onshore contributory pathway for parents of Aged Pension age. Subclass 864 grants permanent residence directly. Subclass 884 grants a 2-year temporary visa, then transitions to the Subclass 864.
- Sponsored Parent (Temporary) Visa (Subclass 870) Temporary visa for stays of up to 3 or 5 years per grant, cumulative maximum 10 years. No Balance of Family Test. Approved sponsor required, with sponsor income and four-year residence thresholds.
- Balance of Family Test Eligibility threshold for all permanent parent visas. The test cannot be waived. How the count works, who is an eligible child, and where the test bites.
- Aged Dependent Relative Visa (Subclass 114 / 838) Permanent visa for older single relatives substantially financially dependent on an Australian relative for at least three years. Distinct from parent visas, often considered alongside them.
Merits Review at the Administrative Review Tribunal
Refused parent visa decisions, including refusals on the Balance of Family Test, may be reviewed by the Administrative Review Tribunal in its Migration and Refugee Jurisdictional Area within strict statutory time limits. Sponsorship-stage refusals for the Subclass 870 also have review pathways. The Tribunal conducts a full merits review.
Most parent visa cases are won or lost at the lodgement stage, particularly on the Balance of Family Test where contested children must be characterised as eligible or ineligible by reference to citizenship, residence, and usual residence. Strategic case construction at lodgement governs what is available on review.
Speak with Visa Plan Lawyers
Parent visa pathways are unforgiving on cost, timing, and the Balance of Family Test. Contact Visa Plan to discuss a parent visa application or a refused decision.
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