We understand our client may have family overseas such as parents who would like to visit Australia long term or permanently migrate. As such, our Best Family and Parent Visa and Migration Lawyers are committed to assisting families with their visa such long term tourist visas 600, temporary parent visas 870, contributory parent visas, aged parent’s visas 864, 884, 804, 173, 143, and other family visas.
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If you are a parent to an Australian Citizen or Australian Permanent Resident or eligible New Zealand Citizen, then you may be eligible to apply for parent migration.
It is noted that the definition of ‘eligible New Zealand Citizen’ must be interpreted correctly. This is because we New Zealand Citizens living in Australia may or may not be classified as an ‘eligible New Zealand Citizen” and if so, then you may wish look into another visa option. Contact us for more information is you require a verification in regard to same.
Applicants must also meet the balance of family test, in that at least 50% of the children must be an Australian Citizen, Australian Permanent Resident or eligible New Zealand Citizen.
Applicants must also have a sponsor (their child) and be able pay Assurance of Support. The Sponsor must also meet the income test which varies from year to year.
With this visa, there are onshore or offshore option. Onshore visa is for those who are eligible apply in Australia whilst offshore is for partners who apply from outside Australia. There are various types of parent visas including Subclass 103, Subclass 143, Subclass 173, Subclass 804, Subclass 864 visa.
There are options for contributory parents and aged parent migration. Each category has its distinct benefits and obligations.
Generally, for aged parents, parents can apply from Australia if eligible (for example if their current visa allows them to apply in Australia. If their current visa does not allow them to apply in Australia, then they may need to have the condition waived so that they will have permission to apply in Australia). If successful, aged parents will be eligible to be granted a Bridging Visa to remain in Australia until the time of decision.
It is noted that the processing time for parent visa is capped and queued and in most cases, this can take a long time.
Hence, parents also have the option to apply for the Contributory Parent Visa, where they pay a monetary contribution to the Australian Government just before the grant of their visa. The waiting time here is essentially quicker than the standard parent visa.
As the contribution can be significant, the Australian Immigration has also made provisions for a staggered pathway for parent visa. For example, parents will apply for a Temporary Parent Visa under the Contributory pathway and pay a lesser contribution, and within two (2) years, they will then apply for Permanent Residency which is also when they pay for the balance of the contribution. The cost will end up to the slightly higher in the staggered pathway, however the benefit is that the applicants and their sponsor can stagger the cost.
The laws around where and when to apply for a parent visa can be complicated. If you are interested in applying for this visa, please contact us for advice as to the best pathway that would suit your situation and financial position.
Temporary Parent Visa
The Temporary Parent Visa Subclass 870 was introduced by the Australian Immigration in the recent years.
This visa, if successful can be granted for 3 or 5 years, with a renewal option of a maximum of 10 years.
This visa is highly beneficial for parents who would like to visit their families in Australia on a longer-term basis, without having to leave Australia every 3 or 12 months as most tourist visas do. If the visa is granted for 3 years, then the parent can remain for 3 years and if 5, then 5 years.
Applicants must be sponsored by a child who is an Australian Citizen, Australian Permanent Resident.
Unlike the usual parent visa, applicants do not have to meet ‘balance of family test’ which means, if parents have 3 children an only 1 of them are settled in Australia as an Australian Citizen or Australian Permanent Resident, then they will still be eligible for this visa.
The Sponsor (child) must also meet specific incomes test requirement. The Sponsor must also have applied and be approved as a sponsor.
If you are interested in applying for this visa, please do not hesitate to contact us for advice.
If you are a child to a Parent who is an Australian Citizen or Australian Permanent Resident, or eligible New Zealand Citizen, then this visa may be an option for you.
Your parent must apply for and be approved as your Sponsor before you can apply for your visa.
You must be a dependent child, under 18 years of age. Alternately, if you are over 18 but under 25, you may still be eligible for this visa if you are a full-time student and are financially dependent on your parent, or if you are over 18 but unable to work due to a disability and are dependent on your parent.
You must also be single.
It is noted that if you are over 18 but under 25, you must be a full-time student and show that the full-time studies are continuous. In limited cases, exemptions apply for short breaks or transitional courses. If you have had a break from studies since completing your high school or secondary education, and are studying now, then your application may be refused unless you fall under the exemption rules.
If you are interested in applying for this visa, please do not hesitate to contact us.
It is noted that the information on this website is not to be treated as legal or migration advice. It is basic information only. Our firm assess each case on a case by case basis. Please do not hesitate to contact us for specific advice for your case. Thank you.
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