Category Archives: 864 visas

An option for subclass 103 and 804 parent visa applicants – Ministerial Direction 83

As many applicants for Australian parent visas know, there is a choice available when submitting an application: apply for a non-Contributory parent visa (subclass 103 or 804) or for a Contributory parent visa (usually subclass 143 or 864).

The non-Contributory parent visa option is cheaper, but expected application processing times are such that most will not live long enough to see the visa being granted – over 30 years is the present expectation.

Nevertheless many apply for non-Contributory parent visas.   Some do so because they are unaware of the expected visa application processing time.

Others lodge an application for a subclass 103 or 804 visa application and some time later wish they had submitted an application for a Contributory parent visa.

This is where Ministerial Direction 83 can save the day.

Section 7 of the Direction includes the following:

(2)  To ensure fairness and equity in the processing of parent visa applications, the principle of processing applications for Family visas in the order in which they are received by the Department is to be departed from in the following circumstances:

(a) if before lodging a Contributory Parent (classes CA and Class UT) or Contributory Aged Parent (classes DG and UU) visa application the applicant had an unfinalised Parent (Class AX) or Aged Parent (Class BP) visa application, then the date of lodgement of the Contributory Parent or Contributory Aged Parent visa application should be deemed to be the date of lodgement of the unfinalised Parent or Aged Parent visa application.

In other words the date the non-Contributory parent visa application was lodged is deemed to be the date on which a subsequent Contributory parent visa application is lodged.

Note: Migration Regulations permit only 1 x application for one of these parent visas to be awaiting a decision at any given time

So if an application for (say) a subclass 804 visa application was lodged on 1st June 2014 a subsequent application for a subclass 864 visa application this month (September 2022) will be deemed to have been submitted on 1st June 2014.

Such an application would move to the front of the processing queue given the Parent Visa Centre is presently assessing applications that were lodged in the second half of calendar year 2016.

The same outcome can be achieved by subclass 103 visa applicants who move to an onshore Contributory Aged Parent visa application under subclass 864, making use of Ministerial Direction 83.

Parent visa processing times are now significant – even Contributory parent visa applications are taking many years to be decided.  A strategy for those who are not yet aged (as defined – 66.5 presently; 67 for those born on or after 1 January 1957) and hence cannot presently apply for an onshore parent visa might therefore be to apply for a subclass 103 parent visa now, and to apply for a subclass 864 visa when the aged requirement is met.

The lodgement date of the subclass 103 parent visa application will then be deemed to be the lodgement date of the subclass 864 visa application.

Note: the 1st Visa Application Charge has to be paid again when such a strategy is adopted.

Go Matilda Visas is a proactive Australian visa advisory practice.    We have been helping parents apply for visas for over 20 years and work with clients to develop visa strategies that are innovative and relevant to the needs of our clients.

If you are a parent with a child or children living in Australia and would like to discuss a current or planned parent visa application please complete the enquiry form on this page.

We’ll be pleased to have a free initial conversation about your situation, after which we can send a no obligation fee proposal to you.

Parent visa numbers – Ukrainian visa processing

The Immigration Minister in the previous Australian Federal Government announced earlier this year that visas for Ukrainian nationals would be processed as a priority.

This has been given effect by Ministerial Direction number 98.

We have received confirmation from the Department of Home Affairs that there has been no increase in the total number of parent visas available for Program Year 2022-23 at this time, which presently remains at 6,000 in total across the Contributory and non-Contributory visa categories.

Alan’s Update on Contributory Parent Visa Processing

Here are current expectations on the processing of Contributory Parent visas for the program year to 30 June 2023.

These are based on the number of parent visas announced for the 2022-23 program year in the last Federal Budget in March 2022.

Of course, we have since had a change of Government at the Federal level.   The first Labor Budget for the new administration is going to take place on 25 October, 2022 and it is very possible that we will see an uplift in total migration numbers.

Whether this will be focused on skilled migration only remains to be seen – as many will know there are skills shortages across the world and the needs of Australian businesses in terms of skilled visa numbers are being well publicised in the media.

Of course, many skilled migrants with parents residing overseas are more likely to return to the country in which their parents are living – eg in the event of ill health, or due to the pain of separation – so if the Australian Government is of a mind to adopt a holistic approach to skilled migration we consider that including a higher number of parent visas within the overall migration program would be in line with a desired outcome of attracting and retaining skilled migrants to Australia.

The 2022-23 Migration Program includes an allocation of 6,000 visas to parents.

This is further broken down into contributory parent visas (CPVs, subclasses 143, 173, 864, and 884) and non contributory parent visas (subclasses 103 and 804).

We presently anticipate an allocation of 500 visas to non CPVs, and 5,500 to CPVs.

Go Matilda Visas requests information from the Department of Home Affairs periodically as to the number of visa applications on hand broken down into the month the visa application was received.

The latest such information we have is as at 31 March 2022.

A schedule detailing the number of CPV applications is below.

We have assumed 10% of CPV applications will not progress to grant.   This may be due to the withdrawal of the visa application, requirements not being met (eg health, Assurance of Support income test), or the death of the visa applicant.

Given these assumptions we expect individuals with CPV applications lodged in the months up to November 2016 to receive communications from the Parent Visa Centre leading to visa grants over the period to 30 June 2023.

https://www.gm-parent-visas.com/wp-content/uploads/2022/08/CPV-expectations-2022_23_2.pdf

Go Matilda Visas is a proactive Australian visa business, with the bulk of our client base being family visa applications.

We advocate for greater transparency on the part of the Department of Home Affairs in the processing of visa applications, and for parent visa applicants in particular.

Please complete the enquiry form on this page if you are an intending parent visa applicant, are living in Australia and have a parent residing overseas who you want to join you, or have lodged a parent visa application and need some help.

We look forward to hearing from you.

 

Subclass 870 visa applications and Other parent visa applications – You need to submit them in the right order!

The details of Australia’s migration regulations are ignored by many, particularly by those who don’t appoint a registered migration agent.

The consequences of doing so can mean parents and their children may need to spend years apart in different countries in the future – or you might find that you spend money on an application for a subclass 870 visa that has to be withdrawn if you want to also apply for a parent visa that provides for permanent residency.

Here are the details:

Schedule 1 of Australia’s Migration Regulations prevents a Sponsored Parent (Temporary) visa applicant or visa holder from applying for another permanent or temporary Parent visa.

Here are relevant extracts from the Regulations which pertain to the parent visas under subclasses 143, 173, 864, 884, 103, and 804:

If the applicant has previously made a valid application for another parent visa:

(i)  a decision to grant or to refuse to grant that visa has been made; or

(ii)  the application for that visa has been withdrawn

and

The applicant:

(i)  does not hold a Subclass 870 Sponsored Parent (Temporary) visa; and

(ii)  if the applicant held such a visa—has left Australia since that visa ceased to be in effect.

The same provisions do not apply for a subclass 870 application.

In other words, if you are thinking of applying for a subclass 870 visa as well as (say) a permanent parent visa under subclass 143 make sure you apply for the subclass 143 visa first.

Applying for a subclass 870 visa first will prevent an application being made for the subclass 143 visa, unless you withdraw the subclass 870 visa application – costing at least A$1,000 per visa applicant, plus (potentially) the family sponsor application fee of A$420.

And if a subclass 870 visa has already been granted the visa holder will not be able to apply for a permanent residency visa until the time the 870 visa has ceased to be in effect, and the individual has left Australia.

Visa strategy is therefore critical.

If you think you need help with your parent visa application Go Matilda Visas invites you to complete the enquiry form on this web page for a free initial discussion.

Once we have had an initial chat we can send details to you of our fee for assisting with a parent visa application.

Travel Exemption Applications Now Open for Parents

Australian Government Media Release

​From today, parents of Australian citizens and permanent residents are eligible to apply for a travel exemption, for travel to Australia from 1 November 2021.

Minister for Home Affairs Karen Andrews said the changes would reunite many families separated by the pandemic.

See the full media release here.