Parents may be able to migrate to Australia using a Parent Visa if they have a child in Australia who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
There Are 3 Categories of Parent Visas:
- Parent Category
To apply for migration to Australia as a parent, you must be sponsored. You will be sponsored by your child, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. - Contributory Parent
The Contributory Parent Visa category was introduced in mid-2003 to allow the expansion of the Parent Migration Program on the basis that applicants pay a higher visa application charge and a larger Assurance of Support (AoS) bond (with a longer AoS period). - Sponsored Parent
The Sponsored Parent (Temporary) Visa (Subclass 870) was introduced in early 2019 and enables parents to live temporarily in Australia for either 3 or 5 years, and for no more than 10 years in total. There is no ‘balance of family’ test for this visa (see below for further information).
To be eligible for the Parent visa (excluding the Subclass 870 Sponsored Parent visa (above) you must the ‘balance of family’ test. A parent meets the balance of family test if:
- at least half their children and stepchildren are ‘eligible’ children, or
- there are more eligible children than children living in any other single country
The ‘balance of family’ test measures a Parent visa applicant’s family links to Australia.
The test determines the extent of the parent’s links to their children or stepchildren in Australia and ensures only those with close ties to Australia are eligible for a Parent visa.
A parent meets the balance of family test if:
- at least half their children and stepchildren are ‘eligible children’, or
- there are more eligible children than children living in any other single country
The Department of Home Affairs (DHA) will not waive this test, even in compelling or exceptional circumstances.
You need to pass the test if you are applying for one of these visas:
- 103 – Parent
- 143 – Contributory Parent
- 173 – Contributory Parent (Temporary)
- 804 – Aged Parent
- 864 – Contributory Aged Parent
- 884 – Contributory Aged Parent (Temporary)
Children Counted in the Balance of Family Test
You and your partner’s children, including stepchildren and adopted children, are counted in the balance of family test.
Children Are Not Counted if They:
- are deceased
- have been removed from their parents’ exclusive legal custody by adoption, court order or operation of law
- are registered by the United Nations High Commissioner for Refugees (UNHCR) as refugees and live in a camp operated by the UNHCR
- live in a country where they suffer persecution or human rights abuse and can’t be reunited with their parents in another country
A Stepchild is:
- your current partner’s child, or
- your former partner’s child who is under 18 years of age and in relation to whom you have guardianship, custody or a parenting order in force under the Family Law Act 1975. Stepchildren born from polygamous or concurrent relationships are not counted in the balance of family test
Meaning of ‘eligible Child’ and ‘ineligible Child’
A child is an eligible child if they are:
- an Australian citizen, or
- an Australian permanent resident usually resident in Australia, or
- an eligible New Zealand citizen usually resident in Australia
Any other child of the parent is an ineligible child. An ineligible child is taken to be resident overseas.
We don’t consider children who are in Australia on a temporary visa as usually resident in Australia.
If a child’s whereabouts are unknown, we consider they are resident in their last known usual country of residence.
Eligible New Zealand Citizens
You are an eligible New Zealand citizen if you arrived in Australia on a New Zealand passport and were:
- in Australia on 26 February 2001 and were a special category visa (SCV) holder on that day, or
- in Australia for a period or periods totalling 12 months in the 2 years immediately before 26 February 2001, and returned to Australia after that day
- assessed as protected SCV holders before 26 February 2001
We recommend that you seek legal advice if you are thinking about applying for an Australian Parent visa because the process requires careful management by experienced professionals.
Nevett Ford Lawyers has a dedicated team of experienced Immigration Lawyers & Registered Migration Agents who can assist you and your family throughout the process. The documentation and requirements for a Parent Visa application are extensive. We will ensure that the application is properly prepared and managed so that the visa is granted.
Need Help and Assistance? Contact Us Today
Telephone: +61 3 9614 7111
Email: melbourne@nevettford.com.au