Individuals who want to move to Australia to join their children can look at the parent visa program.
You might be able to get a visa under this program if you:
- Have a child who can act as the sponsor of your application, and who is an Australian citizen, an Australian permanent resident or an “eligible New Zealand citizen”, who is “settled” in Australia (as defined), and
- Meet the balance of family test
The usual health and character requirements must also be satisfied.
A sponsoring child is usually considered to be “settled” in Australia if s/he is has lived lawfully in Australia for at least 2 years.
The balance of family test requires that either:
- At least half of your children live permanently in Australia, or
- More of your children live permanently in Australia than in any other country.
Thus, having 1 child living in Australia and 1 living in another country meets the balance of family test.
Having 1 child living in Australia, 1 child living in country A, and 1 child living in country B does not satisfy the test.
Visas are available to parents under several visa subclasses, the main ones being:
- The Contributory Parent permanent residency visa, subclass 143
- The Contributory Aged Parent permanent residency visa, subclass 864
- The Parent permanent residency visa, subclass 103
- The Aged Parent permanent residency visa, subclass 804
The Contributory visas are processed much more quickly – typical processing times (as at February 2017) are 10 to 12 months for a subclass 864 visa application and 24 to 30 months for a subclass 143 visa application.
This should be compared with a 10+ year wait for visas under subclasses 103 and 804.
This is because the number of visas available under subclasses 103 and 804 are significantly exceeded by demand.
However, the charges payable to the Australian Department of Immigration for Contributory Parent visas are significantly higher.
Other important points which intending parent applicants should consider are:
- The Aged Parent and Contributory Aged Parent visas require a visa applicant to be a minimum age when the visa application is lodged with the Department of Immigration.
- Those who wish to apply for an Aged Parent or Contributory Aged Parent visa must be physically in Australia when they lodge the visa application. In turn this means that a Bridging Visa will be issued when the last visa used to enter Australia expires, so that the visa applicant can remain lawfully in Australia while the visa application is awaiting a visa decision. Individuals who wish to travel outside Australia and return while such an application is being processed should ensure they fully understand the consequences insofar as their Bridging Visa position is concerned.
- It is possible to adopt a two stage strategy towards permanent residency under subclasses 143 and 864, by applying for a temporary residency visa first (under subclass 173 or 884 respectively). This allows for the large Visa Application Charge to be split, although it is probable that the total VAC payable will be higher, as VACs usually increase at least one each year.
- An Assurance of Support is required as a condition of the granting of a permanent visa to parent applicants. An Assurance of Support is a financial guarantee, and can be provided by any Australian resident person – it need not be a relative of the visa applicant (though it often is). An income test must be satisfied by the Assurer for him/her to be eligible.
GM Parents brings together significant knowledge and experience from Go Matilda Visas in the area of Australian visa strategy, and GM Tax in the area of tax planning and compliance.
We work with our clients on the basis of fixed fees, and a wish to have a long term relationship based on our expertise, trust and a quality service.
If you are a parent with a child living in Australia and would like help with an Australian visa application please contact your nearest GM Parents office or complete the form on this page for a no obligation free initial discussion.
We look forward to hearing from you.