Onshore parent visa applications – Changing tack from an 864 to an 804

With processing times for Contributory Parent visa applications now extending to 12+ years many who have submitted applications for subclass 864 Contributory Aged Parent visas are questioning their visa strategy, and are considering withdrawing that application and applying for a subclass 804 non-Contributory Aged Parent visa.

There are though some practical issues that should be borne in mind.

In particular the issue of Bridging Visas and the ability to depart Australia and return should be understood before one withdraws an application for a subclass 864 visa and applies for an 804.

If you are in Australia as the holder of a Bridging Visa A that is in effect – ie is active – when you withdraw the 864 and apply for an 804 you do not hold what is called a substantive visa when the subclass 804 visa application is lodged.

This means that you will be granted a Bridging Visa C when the subclass 804 visa application is receipted.

Unfortunately it is not then possible to apply for a Bridging Visa B if you subsequently want to depart Australia and return at a later date: applications for BVBs can only be made by those who hold a BVA or a BVB.

Strategy for those wanting to move onto an 804 application from an 864 might therefore be to leave Australia without a BVB.

Apply for a tourist visa (eg a subclass 651 eVisitor if you are a UK passport holder).

Then apply for the 804 visa once you have returned to Australia.

You will then be applying for the 804 as the holder of a substantive visa, facilitating the issuing of a BVA when the application for the 804 visa is receipted by the Department of Home Affairs.

If you are considering moving onto a subclass 804 visa application as a subclass 864 visa applicant there are clearly important steps to take.   Go Matilda Visas is experienced in the handling of parent visas – if you think you need help with your parent visa application we’ll be pleased to have an initial high level chat with you, and to send details of our fees.