All posts by Alan Collett

Onshore parent visa applications – Restrictions are looking likely

Media in Australia are reporting that Home Affairs Minister Tony Burke is about to announce curbs on the ability of intending family visa applicants to apply for visas in Australia if they have a visitor visa.

Minister Burke was scheduled to deliver a speech at the National Press Club today where he was expected to unveil significant changes to Australia’s migration settings in a bid to head off political challenges to the Federal Government arising from increasing public concerns over Australia’s migration intake.

This speech has been postponed, but the likelihood of changes by way of increased limitations on applications by parents and partners are real. 

More specifically, Minister Burke was expected to announce changes that will prevent the spouses, children and parents of Australian citizens and permanent residents from applying for family visas while they are in the country as tourists.

This has been a common strategy for many families seeking to stay together in Australia while they wait for their permanent visas to be approved, with the increased numbers applying when in Australia being a direct consequence of processing times for offshore family visa applications increasing significantly.

The number of family visa applicants substantially exceeds the number of permanent visas the government makes available each year, creating a backlog of many years – now 15+ years for Contributory Aged parent visa applications under subclass 864, and 30+ years for Aged Parent visa applications under subclass 804.

As many readers will be aware, parents who apply for onshore visas such as subclass 804 Aged Parent and 864 Contributory Aged Parent while they are in Australia as the holders of visitor visas move onto Bridging Visas so they can remain lawfully in Australia for the long period it is taking for their visa application to be processed to a decision.

We anticipate the delay in delivering details of restrictions on the ability to apply for onshore parent and partner visas is linked to the political uncertainty of whether the Federal Government has the numbers it needs to get the changes through the Parliament; some readers might recall that some 12 years ago efforts were made to abolish subclasses 804 and 103 for new visa applicants.

This was effected via what is called a Legislative Instrument – which was subsequently the subject of a successful Disallowance Motion in the Senate (Australia’s Upper House).

With both Houses in the Federal Parliament sitting again next week – and with the political reality that there are domestic concerns in Australia over the net annual migration intake, manifesting in the rise in the opinion polls of One Nation – we consider there is presently a significant risk of these onshore parent and partner visa pathways being closed to those who are in Australia with visitor visas.

In short – don’t delay lodging your onshore parent visa application, assuming you are in a position to do!

 

 

Parent Visa Processing Priorities – A New Ministerial Direction is Published

The demand for Australian visas continues to be high, at a time when domestic concerns about the number of arrivals in Australia are as high on the political agenda as the writer can recall during his 25 years in Australia.

More specifically, the Net Overseas Migration number is an issue that is very high on the political agenda presently.

In this context Australia’s Immigration Minister Tony Burke has published 3 x Ministerial Directions.

Ministerial Directions are issued within the framework of migration legislation, and have the effect of requiring decision makers at the Department of Home Affairs to follow the priorities set out in those Directions.

In doing this decision makers must have regard to the Government’s policy intentions concerning the size and composition of the Migration Program, and to Australia’s international legal obligations.

The Ministerial Direction that is the subject of this blog is MD117, which discusses the order of processing of family visa applications.

MD117 runs alongside MD103, which was issued in February 2023.

More specifically, the preamble to MD117 advises:

(1) High levels of demand for Family visas have created a need to manage the consideration and disposal of applications for these visas in an orderly fashion.

(2) The order of priorities for considering and disposing of Family visa applications that is specified in this Direction gives effect to the Government’s policy decisions as to the appropriate allocation of resources in considering and disposing of such applications, takes into account the Government’s policy intentions concerning the size and composition of the Migration Program as a whole, and advances the national interest by facilitating the integrity of the program and management of Australia’s borders.

Further, in respect of MD103 and MD117:

For the purpose of processing Family visa applications, the two Directions are intended to work together, with this Direction setting out the overall priorities for Family visa processing, and Direction 103 (or its succeeding Directions) providing more specific directions in relation to the finalisation of applications that are affected by the annual capping arrangements under section 85.

To the extent that there is any conflict between the Directions, Direction 103 – Order for considering and disposing of visa applications under s91 of the Migration Act (or its succeeding Directions) will take precedence over this Direction.

So what does MD117 require of decision makers at Home Affairs?

The order of priority for considering and disposing of Family visa applications, with applications covered by paragraph (2)(a) having higher priority than applications covered by paragraph (2)(b).

The order of priority is as follows:

(a)  Family visa applications where:

(i)  the applicant is a primary applicant who is in Australia at the time of application; and

(ii)  the visa can be granted when the applicant is in Australia;

are to be considered and disposed of in accordance with the Visa Processing Order; and

(b)  Family visa applications where the applicant is a primary applicant who either is outside Australia at the time of application or must be outside Australia at the time of grant are to be considered and disposed of in accordance with the Visa Processing Order.

And (with some editing):

In this section, Visa Processing Order means the following order of priority for considering and disposing of Family visa applications, with paragraph (a) being the highest priority and paragraph (f) being the lowest priority:

(a)  applications made by an applicant in respect of whom the Minister has substituted a decision of the ART or a predecessor of the ART, in the order that those powers have been exercised; and

(b)  applications made on the basis of the primary applicant being the spouse, de facto partner, prospective spouse or dependent child of a sponsor (or proposed sponsor); and

(c)  applications made on the basis of the primary applicant being the orphan relative of the sponsor (or proposed sponsor); and

(d)  applications for Contributory Parent, Contributory Aged Parent, Contributory Parent (Temporary), and Contributory Aged Parent (Temporary) visas; and

(e)  applications made on the basis of the primary applicant being a carer; and

(f)  applications for Parent and Aged Parent visas; and applications made on the basis of the primary applicant being a remaining relative or an aged dependent relative.

Visa applications made by an applicant seeking to satisfy the secondary criteria for the grant of a Family visa (whether or not the application is combined with a primary applicant’s application in a way permitted by the Regulations) are given the same priority as the primary applicant’s application.

In summary, with immediate effect MD117 requires decision makers at Home Affairs to process onshore visa applications before offshore visa applications, and to process partner visa applications before parent visa applications.

MD103 – which readers will recall has precedence over MD117 – contains this definition:

Family Visas means classes of visa provided for by the Regulations, including repealed classes that cater for primary applicants in any of the following categories: spouses, de facto partners, prospective spouses, dependent children, parents, aged parents, aged dependent relatives, carers, orphan relatives, and remaining relatives.

And:

Except as otherwise instructed by this Direction and MD117, delegates should process applications for Family visas in the order in which they are received by the Department.

Except for Other Family visa applications and Pathway visa applications the order of precedence for Family visa applications is:

(a) those applications where the Minister has exercised powers of intervention in the order that those powers have been exercised; then

(b) all other applications in queue date order, commencing with the application with the earliest queue date, to the extent that it is reasonably practicable to assess applications in that order.

So what does all of this mean?

We await confirmation from Home Affairs, but our present interpretation is that – so long as the Minister allocates a number of parent visas annually by way of a formal cap on numbers – decision makers at Home Affairs are required to process parent visa applications on the basis of their queue dates.

Within this new MD117 requires that parent visa applications are then to be processed as to onshore Contributory Aged Parent visa applications first – ie subclasses 864 and 884 – before any offshore Contributory Parent visa applications under subclasses 143 and 173.

It remains to be seen whether this will in fact play out as anticipated here, but the political narrative in play in Australia would seem to indicate that subclass 143 and 173 visa applicants are destined to wait many years longer than was the case before MD117 was introduced.

Number of Parent Visas Granted to 31 March 2026 – Program Year to 30 June 2026

We have received details from the Department of Home Affairs of the number of parent visas granted to 31 March 2026 for the program year ended 30 June 2026.

These are as follows (in bold; the number of visas refused is in italics):

  • Subclass 143, Contributory Parent – 5,398 – 213
  • Subclass 173, Contributory Parent (Temporary) – 107 – 16
  • Subclass 864, Contributory Aged Parent – 449 24
  • Subclass 884, Contributory Aged Parent (Temporary) – 12 less than 5

Total Contributory Parent Visas granted to 31 March 2026, in the program year to 30 June 2026 = 5,966

  • Subclass 103, Parent – 1,24842
  • Subclass 804, Aged Parent – 18740

Total non-Contributory Parent Visas granted to 31 March 2026  = 1,435

Total parent visa granted to 31 March 2026 = 7,401 

As discussed here the total number of parent visas available to be granted for the year to 30 June 2026 is 8,500, split as to 6,800 Contributory Parent visas and 1,700 non-Contributory Parent visas.

We have also been advised that the total number of subclass 870 visas granted to 31 March 2026 in the current program year is 2,112, with 227 x subclass 870 visa applications refused.

Parent visa numbers – Program year ended 30th June 2026

As is customary Australia’s Immigration Minister has capped the number of parent visas that can be granted by the Department of Home Affairs in the current program year ending on 30 June 2026.

In summary:

  • A maximum of 6,800 Contributory Parent visas can be granted between 1 July 2025 and 30 June 2026
  • A maximum of 1,700 non-Contributory Parent visas can be granted between 1 July 2025 and 30 June 2026

These are the same numbers as were available in the previous program year to 30 June 2025.

These numbers do not include subclass 870 Sponsored Parent Temporary visas.

We await details from Home Affairs of the number of visas that have been granted already, and will post a blog as soon as we have this information to hand. 

Permanent parent visa applications – New procedure – Online lodgements

Australia’s Department of Home Affairs has updated the process for lodging permanent parent visa applications, with a move to the online submission of applications from 22 April 2026.

Parent visa applications must now be submitted online for the following visa classes:

  • Parent (Migrant) (Class AX) = subclass 103
  • Aged Parent (Residence) (Class BP) = subclass 804
  • Contributory Parent (Migrant) (Class CA) = subclass 143
  • Contributory Aged Parent (Residence) (Class DG) = subclass 864

Paper-based applications are no longer the standard method and will only be accepted where Home Affairs has provided explicit written authorisation via the Immi Technical Support Form.

There is no change to the application arrangements for the following temporary Parent visas: 

  • Contributory Parent (Temporary) (Class UT) = subclass 173
  • Contributory Aged Parent (Temporary) (Class UU) = subclass 884

This change commences on 22 April 2026; parent visa applications lodged prior to this date will continue to be assessed under the previous arrangements.