As readers of our blog will know, a Disallowance Motion is scheduled to be discussed and voted upon during tomorrow’s Senate sitting, Weds 24th of September, 2014.

If the Motion is successful the Instrument preventing the lodgement of applications under subclasses 103 and 804 will be void, which will allow applications for these visa subclasses to be submitted again.

News reaches us via the Migration Institute of Australia that if the Motion is successful the Department of Immigration has advised there will be a six month window to again lodge these applications.

This is because a new Regulation that has the same effect as a disallowed Regulation cannot be made within the six months following the Disallowance.

The Department has advised the MIA that if the Disallowance Motion is successful all the Parent and Other Family visa categories will be open to applications from that moment.

GM Parents – a division of Go Matilda Visas – is ready to assist with the preparation and lodgement of applications for subclass 103 and subclass 804 visas if the Motion is successful, and we already have applications ready to lodge.

If you are interested in lodging an application for a Parent or Aged Parent visa and want to be at the front of the inevitable surge in new applications if the Motion is successful please complete the enquiry form on this page and request a no obligation fixed fee proposal in the text box.

We will bring news of the Disallowance Motion at the GM Parents blog as soon as we have it to hand.

Regular readers of the blog on this website will know that the non Contributory Parent (subclass 103) and Aged Parent (subclass 804) visas ceased to be available to new applicants from early June 2014.

The mechanism by which this was done was what is called a Legislative Instrument, which was approved by Immigration Minister Scott Morrison.

The validity of this Instrument is being challenged in the Senate of the Federal Parliament by Senator Hanson-Young of the Green Party. Senator Hanson-Young has introduced a Disallowance Motion into the Senate, which was originally planned to be debated on the 2nd of September, 2014.

It is now scheduled to be debated on Weds 24th of September.

Those who follow politics in Australia will know that the Coalition Government in the lower House (the House of Representatives) has faced problems securing the agreement of the Senate to much of its legislation.

Indeed, a Disallowance Motion was passed in the Senate in July for a separate Legislative Instrument.

Should the Motion next week be successful the Instrument preventing the lodgement of applications under subclasses 103 and 804 will be void, which will allow applications for these visa subclasses to be submitted again – though perhaps for a limited time if the Government seeks to close off applications through an alternative means.

The potential saving for applicants who would otherwise apply for a Contributory Parent visa could be some A$80k per couple if the Disallowance Motion is passed.

GM Parents – a division of Go Matilda Visas – is preparing application paperwork for subclasses 103 and 804 in anticipation of the Motion being successful. We are charging a relatively notional fee for this exercise, as the Motion may not be successful.

If you are interested in having a subclass 103 or 804 visa application prepared in anticipation of the Motion being successful please contact us as soon as possible: telephone your nearest GM Parents office, or complete the enquiry form on this page.

Legislation has now been passed by Australia’s Immigration Minister which effectively stops new visa applications being submitted under subclasses 103 (Parent) and 804 (Aged Parent) from the close of business today (the 30th of May, 2014).

The legislation which gives effect to the change is here.

Alternative visa strategies for those who have been planning to lodge a subclass 103 or 804 visa application are discussed on our earlier blog.

A question we are often asked relates to the period of stay in Australia that is allowed to applicants for an offshore subclass 103 Parent visa.

Parents would usually apply for a tourist visa, typically an eVisitor where the parent is the holder of an eligible passport, such as a UK passport.

Department of Immigration policy guidance advises:

Officers are encouraged to consider granting offshore applicants who are in the parent queue an FA-600 (Tourist stream) visa with five year validity, 12 month stay and multiple entry so they can come and visit their family for longer periods on regular occasions.

Also:

For parents who are onshore, de facto residence is considered to be more than 12 months in an 18 month period. It is expected that parents will spend no more than this amount of time in Australia but if this occurs they should depart and wait for six months offshore before seeking to re-enter Australia. Note: Each case will be considered on its merits and each person’s individual circumstances must be taken into account when a decision is made.

With the imminent closure of the Parent and Aged Parent visa pathways to new applicants, many parents and their children in Australia are asking about alternative visa options.

In this blog we highlight the Contributory Parent visas, including the two step strategy which is a helpful means of managing the cash flow associated with the high cost Contributory Parent visas.

Following the closure of the Parent and Aged Parent visas parents with children living in Australia can look at the following pathways to permanent residency:

Onshore Visas
The onshore visas for parents require you to be physically within Australia when the application is lodged with the Department of Immigration.

The main visa applicant must also be “aged”, which means:

– Where a man is the main applicant, he must be older than 65 years of age

– Where a woman is the main applicant, if she is:

born before 30 June 1947, she can apply at the age of 64;
born between 1 July 1947 and 31 December 1948, she can apply when 64.5 years of age;
born after 1 January 1949, she can apply when she is aged 65 or older

The onshore visa options for parents following the withdrawal of the subclass 804 Aged Parent visa are:

> Subclass 864, Contributory Aged Parent (Residence)

> Subclass 884, Contributory Aged Parent (Temporary), leading to a subclass 864, Contributory Aged Parent (Residence), within 2 years of the granting of the 884 visa

The main advantage of the 884 to 864 visa is the splitting of the main Visa Application Charge into two stages.

The disadvantage of the two step strategy is the higher overall Visa Application Charges payable to the Department of Immigration. Based on the present scale of VACs for a 2 person visa application:

> 864 visa outright: 1st VACs total A$5,280; 2nd VACs A$43,600 x 2, or A$87,200 – giving a total of A$92,480

> 884 visa first: 1st VACs total A$5,280; 2nd VACs A$29,130 x 2, or A$58,260 – giving a total of A$63,540
> 864 for an 884 visa holder: 1st VACs total A$490; 2nd VACs A$19,420 x 2, or A$38,840 – giving a total of A$39,330
> Overall total for the 2-step strategy of A$102,870

Note also that the VACs payable at the 864 stage for 884 visa holders will be based on the VACs chargeable when the second visa application is lodged, which will almost certainly be higher than they are when the 884 application is lodged.

However, the smoothing of cash flow is valuable, so the 2-step strategy will be the pathway of choice for many.

The Assurance of Support process – when a Bond is required to be lodged with the Commonwealth Bank of Australia – is required in the closing stages of the permanent residency visa application.

Offshore Visas
Applicants can be onshore or offshore when an application for this visa is lodged with the Department of Immigration, and there is no age requirement.

> Subclass 143, Contributory Parent (Migrant)

> Subclass 173, Contributory Parent (Temporary), leading to a subclass 143, Contributory Parent (Migrant), within 2 years of the granting of the 173 visa

The same considerations as noted above apply for the 2-step strategy insofar as the cost of the application and the smoothing of cash flow are concerned.

Visa Processing Times
We are presently seeing the onshore Contributory Aged Parent visas being processed to a decision quickly – in some 6 months – while the offshore Contributory Parent visas are taking some 20 to 22 months to reach a decision.

A relatively quick processing time can be a factor for those who have to realise an asset to generate the funds to pay the VACs, and should be factored into a decision as to visa strategy.

If you are a parent with children living in Australia and would like to discuss your visa strategy please feel able to contact your closest GM Parents office or complete the enquiry form on this page.

We will be pleased to have an initial discussion with you, after which we can send a no obligation fixed fee proposal to you.