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Parent Visa

Time is of the essence in parent matters.

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A well planned strategy and properly documented submissions prevents delays.

Getting your parents over to live with you in Australia can be complex. Understandably, time is of the essence with parent visas. Unfortunately, however, a substantial monetary contribution is required for a visa to be processed within a couple of years. Those unable to afford the Contributory Visa categories have to join a queue which currently is 30 years long for the non-contributory categories. As a result, parents will have to rely on visitor category visas and special exceptions that allows stays up to 5 years. But this still leaves you to have to deal with the practical issues of health insurance and funding your stay.

Key Requirements

Key Requirements

  • Selecting the right Visa
  • Passing the balance family test
  • Sponsor has settled in Australia for at least 2 years
  • Assurance of support by lodging a bond of $5000 for the main applicant (and $2000 for each additional applicant)
  • Managing the application process and the department’s inquiries
  • Meet health and character requirements

Key Challenges

Failing to deal with these challenges can lead to refusals & cancellations.

  • Remaining in Australia during the processing period
  • Selecting the right Visa
  • Meeting sponsorship and assurance of support obligations
  • Managing the application process and the department’s inquiries
  • Expired or expiring Visas
  • Avoiding constant sharp rises in the ‘contribution’ required
  • Managing health insurance

The Balance of Family Test

Failing to deal with these challenges can lead to refusals & cancellations.

THE BALANCE OF FAMILY TEST requires that at least half of your children live permanently in Australia, OR that more of your children live permanently in Australia than in any other country. The difference between the two matters only if you have several children and they live in different countries. If so, then the total number of your children living in Australia must be more then the total living in any one country outside of Australia.

FOR EXAMPLE if you have 3 children and one child each lives in Country A, Country B and Australia, then you would fail the test: less than half your children live Australia and that number is equal to but not more than those living in the other countries. ANOTHER EXAMPLE is if you have 2 children each in Country A  and Country B and 3 Children in Australia then you pass the test: although less than half of your children live in Australia, there are however more children living here than in any other one country.

CHILDREN ARE DEFINED to include all living children including step children and adopted children. A step-child is a child of the applicant’s current partner or a child aged under 18 and a child of a former partner of the applicant, or a former partner of the applicant’s current partner, and the applicant or the applicant’s partner has a legal responsibility to look after the child.

Special Extended Tourist Visas for Parents

Visitor Visa subclass 600 is an option for family reunions.

PARENTS CAN APPLY FOR A VISITOR VISA (Subclass 600) visas to visit Australia for longer. However they must have adequate health insurance and sufficient funds. Note however dependents of the parents do not have the same privilege of such extended stays.

Well prepared applications may be eligible for multiple entry visas with a maximum stay of 12 months and with maximum validity periods of up to:

  • five years for parents outside Australia and in the Parent (subclass103) visa queue;
  • three years for parents outside Australia who have:
    • had a previous Australian visa and complied with the conditions; and
    • have not applied for a Parent visa; or
    • have applied for a parent visa but are not yet in the Parent (subclass 103) visa queue; and
  • 18 month for parents who have:
    • not previously travelled to Australia; and
    • have not applied for a Parent visa; or
    • have applied for a Parent visa but are not yet in the Parent (subclass 103) visa queue.

Parents who are granted a visa under these arrangements will have a visa condition which strictly limits their stay in Australia to no more than 12 months in any 18 month period.

Visa holders may visit Australia on multiple occasions while their visa is valid but must not stay in Australia for more than 12 months continually or a total of 12 months in any 18 month period. This means, for example, that if you stay in Australia for 12 months continually, you must then spend 6 months outside Australia before returning.

Your visa will automatically cease if you spend more than 12 months continually in Australia.

Tough Cases We Can Help With

Tough Cases We Can Help With

  • Expired or expiring Visas
  • Complications arising from sponsorship or assurance of support issues
  • Health and/or Character issues requiring waivers
  • Preparing for an MRT Appeal, if required

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