For example, Mr Chen came to Melbourne from Kuala Lumpur to study more than ten years ago. He is now an Australian citizen with a home in the south-east suburbs and a child in primary school. His parents still live in Malaysia and visit for a few months each year. One day his mother asks: “Could we stay in Australia long term and help look after our grandchild?” A quick online search turns up subclass 143, 173, 864, 870 and more, with very different costs and waiting times ranging from several years to much longer. So which one is right?
This article outlines the main visa pathways for bringing parents to Australia, the key requirements and some practical strategy. Parent visa policy, charges and queue times change often, so treat this as an overview only. Always check the latest information from the Department of Home Affairs and get advice before you lodge.
What are the main parent visa options?
- Contributory Parent visa (subclass 143): a permanent visa. The government charges are high, but the wait is usually much shorter than for the non-contributory options.
- Contributory Parent (Temporary) visa (subclass 173): the first of two steps. Parents get a temporary visa first and later apply for the permanent 143, which spreads the cost over two stages.
- Contributory Aged Parent visas (subclass 884 temporary / 864 permanent): for parents who have reached Age Pension age and apply from within Australia.
- Parent visa (subclass 103) and Aged Parent visa (subclass 804): lower government charges, but very few places and a far longer queue than the contributory visas.
- Sponsored Parent (Temporary) visa (subclass 870): not a permanent visa, but it lets parents stay in Australia for extended periods at a time. The child must first be approved as a parent sponsor before the visa application can be lodged.
- Visitor visa (subclass 600): suits shorter family visits, and in some cases a multiple-entry visa may be granted.
The balance-of-family test: where do the children live?
The permanent parent visas and their temporary stages (143, 173, 864, 884, 103 and 804) all require parents to pass the balance-of-family test. Put simply, at least half of the parents’ children must be Australian citizens, permanent residents or eligible New Zealand citizens usually living in Australia. Alternatively, more of the children must live in Australia than in any other single country.
For example, Singaporean parents with three children, two of them permanent residents in Melbourne and one still in Singapore, would usually pass. If they have four children, one in Australia, one in Singapore and two in Hong Kong, they generally would not. There are specific rules on counting step-children, adopted children and some other situations, so check each child carefully.
Sponsor requirements and the Assurance of Support
The sponsor is usually the applicant’s child, or the child’s partner, who must be an Australian citizen, permanent resident or eligible New Zealand citizen and ‘settled’ in Australia, which generally means lawfully living here for a period of time. The 870 has its own separate sponsor approval process, which must be lodged and approved first.
Most permanent parent visas also need an Assurance of Support (AoS). The sponsor, or another eligible person, gives Services Australia a legal commitment to repay certain social security payments the parents receive during the assurance period. The assurer must meet an income test and lodge a bond. The period and amount vary by visa, so find out early and plan your funds.
Visa charges, the second instalment and queue times
Contributory parent visas have a Visa Application Charge (VAC) paid in two instalments. The first, smaller instalment is paid when you lodge. The much larger second instalment is usually paid near the end of processing, once Home Affairs asks for it. If you take the two-step 173 then 143 path, the second instalment is also split across the two stages. Visa charges are usually indexed on 1 July each year, so always check the current charges on the Home Affairs website.
Parent visas are capped by the annual migration planning levels. Contributory visas usually take several years, and the non-contributory queue is much longer, often well beyond what older parents expect. Home Affairs publishes queue release information for parent visas, so check the latest data before you lodge.
Health requirements and health insurance on the 870
All parent visa applicants must meet the health requirement, which generally involves medical examinations. A condition that could lead to significant health care costs or use services in short supply may affect the outcome, so it helps to understand your parents’ health position early.
Holders of an 870 must keep adequate private health insurance for their whole stay. They generally cannot access Medicare and are not allowed to work in Australia. Premiums for older parents can be significant, so include them in your budget.
Strategy: what to do while you wait
Many families lodge a contributory parent visa to join the queue, then use a visitor visa or an 870 so the parents can spend time in Australia while they wait. However, the visa your parents currently hold and whether they are in or outside Australia can affect which parent visa they can apply for and whether they can lodge onshore. For example, some visas carry a ‘No Further Stay’ condition that limits onshore applications. Plan the whole pathway before applying for an 870 or a visitor visa.
For parents who split their time between two countries, also consider how long they will spend in Australia each year, their pension, health care and tax arrangements at home, who will manage their property and assets, how their wills and powers of attorney will work across both countries, and the travel period on a permanent visa and the Resident Return Visa. We can also help with cross-border wills, enduring powers of attorney and related matters.
Practical checklist before you lodge
- List all of your parents’ children, including step-children and adopted children, with their citizenship and country of residence, and check the balance-of-family test
- Confirm the sponsor’s status and that they are ‘settled’ in Australia
- Check the Assurance of Support income test and set aside funds for the bond
- Check the current Home Affairs charges and plan how you will fund both instalments
- Understand your parents’ health and prepare for medical examinations
- Check the conditions on your parents’ current visa, such as any ‘No Further Stay’ condition
- Plan how your parents will visit while they wait (visitor visa or 870)
- Gather identity and relationship documents, such as birth certificates and household registers, with certified English translations
Frequently asked questions
What is the difference between contributory and non-contributory parent visas?
The main differences are cost and waiting time. Contributory visas (143, 173, 864, 884) have much higher government charges but usually much shorter queues. Non-contributory visas (103, 804) cost less but have very few places and a very long wait.
Can my parents apply while they are in Australia?
Some visas, such as the aged parent visas (864, 884 and 804), must be applied for in Australia, and the parents must have reached Age Pension age. Whether they can lodge onshore also depends on the conditions on their current visa, such as a ‘No Further Stay’ condition.
Can the 870 lead to permanent residence?
The 870 is not a pathway visa in itself, and holding one does not lead to permanent residence automatically. To stay permanently, your parents must apply separately for a permanent parent visa and meet its requirements and any application restrictions.
What if most of my siblings live overseas?
If your parents do not pass the balance-of-family test, they generally cannot apply for a permanent parent visa. In that case, consider whether a temporary option such as the 870 or a visitor visa suits your family.
Once my parents have permanent residence, can they spend long periods back home?
A permanent visa comes with a travel facility for a set period. After it expires, they will generally need a Resident Return Visa to travel, which requires them to meet residence or substantial-ties requirements.
Can the visa charges go up while we wait?
Visa charges are usually adjusted each year. The second instalment is only paid when Home Affairs asks for it, so build some margin into your budget and keep an eye on the current charges published by Home Affairs.
Chua Tan Associates has practised in Melbourne since 1990. Our team includes two Law Institute of Victoria Accredited Specialists in Immigration Law, and we can help you in Mandarin, Cantonese and English. Whether your parents live in Malaysia, Singapore, Indonesia, Hong Kong, Taiwan or mainland China, you can meet us in person at our Melbourne CBD office (Level 2, 262 Queen Street, Melbourne VIC 3000) or consult us by video from overseas. Call 03 9602 3988 or contact us online.
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This article is general information only and is not legal advice.
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