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Parent visa lawyers in Melbourne: parent visa options, the balance of family test and key application points

  • 23 June 2026

Home " Legal blog " Uncategorised " Parent visa lawyers in Melbourne: parent visa options, the balance of family test and key application points

Australian citizens, permanent residents and eligible New Zealand citizens can sponsor their parents to come to Australia. Parent visas fall into two broad groups. Permanent parent visas include the non-contributory visas (subclasses 103 and 804) and the contributory visas (subclasses 143 and 864, plus the temporary subclasses 173 and 884, which lead on to permanent visas). If parents only want long visits, the Sponsored Parent (Temporary) visa (subclass 870) may suit. Costs, places and waiting times differ widely, so before choosing, consider the parents' age and location, where the rest of the family lives, and the financial arrangements.

Legal framework

Parent visa criteria are set out in the Migration Act 1958 (Cth) and Schedule 2 of the Migration Regulations 1994 (Cth). Permanent parent visas are capped each year and processed in queue order. From 22 April 2026, a new legislative instrument (LIN 26/005) allows subclasses 103, 804, 143 and 864 to be lodged online, while subclasses 173 and 884 must still be lodged on paper. The change affects only how applications are lodged, not who is eligible.

Main visa types

  • Subclass 103 (Parent) and subclass 804 (Aged Parent): Non-contributory permanent visas with lower government charges but few places and very long waits. Subclass 804 requires parents to apply in Australia and to have reached Age Pension age.
  • Subclass 143 (Contributory Parent) and subclass 864 (Contributory Aged Parent): Permanent visas with a much higher second instalment of the visa charge, generally processed faster than the non-contributory visas.
  • Subclasses 173 and 884: Temporary contributory visas valid for two years, which let you spread the cost before applying for a permanent 143 or 864 visa.
  • Subclass 870 (Sponsored Parent (Temporary)): Does not lead to permanent residence. Granted for three or five years at a time, with a total stay of up to ten years. The child must first be approved as a parent sponsor.

For a comparison of the parent visa options, see Parent migration to Australia: a guide to the 143, 173, 864, 870 and other parent visas.

Key requirements

Balance of family test

Permanent parent visas require at least half of the parents' children to live lawfully and permanently in Australia, or more children living lawfully and permanently in Australia than in any other single country. Biological, adopted and step-children all count, so every child must be declared.

Sponsor requirements

The sponsoring child must be an Australian citizen, permanent resident or eligible New Zealand citizen who has lived lawfully in Australia for a reasonable period (usually two years). For how to sponsor family once you become a permanent resident or citizen, see Sponsoring family after you become a permanent resident; if the sponsor is thinking about citizenship, see our Australian citizenship applications.

Assurance of Support

Permanent parent visas generally need an assurer to give an Assurance of Support and lodge a bond with Services Australia, covering certain social security payments the parents receive over a number of years. The assurer must meet an income test.

Health and character

Parents must meet the health and character requirements. If the health examination suggests significant medical costs, a health waiver may be available for some subclasses, but not for every parent visa.

The process

  1. Assess the balance of family test and the parents' age and location to choose the right subclass.
  2. Prepare identity and relationship documents and details of all children, and lodge online or on paper, depending on the subclass.
  3. Keep your details up to date while in the queue, and complete health checks and provide police certificates when Home Affairs asks.
  4. Once invited, arrange the Assurance of Support and pay the second instalment of the visa charge (contributory visas).

Common issues and risks

  • Leaving a child out, so the balance of family test is miscalculated or treated as misleading information.
  • Parents waiting in Australia on a visitor visa with condition 8503, which affects lodging an 804 or 864 application onshore.
  • Focusing only on today's costs and ignoring the wait, or not allowing for changes in the parents' age and health that may affect later applications.

Documents you’ll need

Usually the parents' passports and birth and marriage certificates, birth certificates and proof of residence status for all children, proof of the sponsoring child's citizenship or permanent residence, police certificates, health examination results, and income documents for the Assurance of Support. Overseas documents need an accredited English translation. If parents are applying in Australia for another family visa, see onshore family-sponsored visas.

How we help

Chua Tan Associates has practised in Melbourne since 1990. Two of our lawyers are Accredited Specialists in Immigration Law (Law Institute of Victoria). We can help assess the parent visa options, work through the balance of family test, prepare the application and the Assurance of Support, and handle review after a refusal. We work in English, Mandarin and Cantonese. For more information, see our Australian immigration law services page.

Frequently asked questions

What is the balance of family test for parent visas?

The balance of family test requires at least half of the parents' children to live lawfully and permanently in Australia, or more of their children to live in Australia than in any other single country. All biological, adopted and step-children count. It is a core criterion for permanent parent visas such as subclasses 103, 804, 143 and 864.

What is the difference between contributory and non-contributory parent visas?

Non-contributory visas (103, 804) have lower government charges but few places and very long waits. Contributory visas (143, 864, and 173, 884) carry much higher visa charges and are generally processed faster. Both are capped, so choose based on the parents' age, health and finances.

Can the subclass 870 Sponsored Parent (Temporary) visa lead to permanent residence?

No. The 870 is a temporary visa granted for three or five years at a time, with a total stay of up to ten years, but it does not lead to permanent residence. If the parents want to settle in Australia long term, they need to apply separately for a permanent parent visa.

Can parent visas now be lodged online?

Yes, for some subclasses. From 22 April 2026, subclasses 103, 804, 143 and 864 can be lodged online; subclasses 173 and 884 must still be lodged on paper. The change in how applications are lodged does not affect eligibility or processing times.

Chua Tan Associates has practised in Melbourne since 1990, acting for clients in Australia and overseas in English, Mandarin and Cantonese. For a confidential consultation, call +61 3 9602 3988 or email chuatan@tpg.com.au. This article is general information only and is not legal advice.

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This article is part of the guide: Australian immigration solicitor - See all related guides

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