Applying for a parent visa - What you need to know.

[Guest The Pom Queen]

There are several requirements that must be satisfied before reasonably considering lodging an application for an Australian parent visa.

To help those who might be considering applying for a parent visa they are summarised here.

The balance of family test must be satisfied. This 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. Those who do not satisfy the balance of family test may be interested in the proposed new temporary Parent visa

Applicants must have a sponsoring child who is “settled” in Australia. The subject of settled sponsors is discussed more fully here

If applying for a subclass 804 Aged Parent or subclass 864/884 Contributory Aged Parent visa:

The main visa applicant must be “aged”, this being the age when you are eligible for an Age Pension in Australia

All applicants must be in Australia when the visa application is submitted to the Department of Immigration, and when it is granted

If applying for a visa while in Australia a condition 8503 (No Further Stay) must not attach to the visa used to enter Australia.

If applying for an offshore visa (subclasses 103, 143 – with a one step visa strategy – and 173 are offshore visas) applicants must be outside Australia when the visa is granted.

Sufficient funds to pay the 2nd Visa Application Charges – currently AUD 43,600 per applicant – must also be readily available when a Contributory Parent visa application is approaching finalisation. For some, this will require careful management of the visa application process to ensure liquid funds are to hand at the appropriate time, as the Department of Immigration requires remittance of the 2nd VAC within 28 days of the issuing of the request for payment.

Kindly reproduced with the permission from @Alan Collett at Go Matilda

[Guest The Pom Queen]

The Need for a Settled Sponsor

 

 

Certain visa applications – including applications for parent visas – require the applicant to have what is called a “settled sponsor” at the time the application is lodged. 

But what does “settled” mean?

Australia’s migration legislation provides that “in relation to an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, (settled) means lawfully resident in Australia for a reasonable period.”

Unfortunately, “a reasonable period” is not also defined within legislation. 

Rather the subject of the settled status of a sponsor is discussed within Department of Immigration policy, which has been updated and expanded quite significantly recently, with what appears at face value to have been a relaxation of the settled provisions:

“Under policy, assessment of “settled” at time of visa application can be considered met unless there are significant extended periods of absence prior to making the visa application (for example, the sponsor has been absent from Australia for two years immediately prior to the date of application, and is outside Australia at the time of application).

Under policy, at time of decision, there are three categories within which a sponsor can meet the “settled” requirement.

• Category 1

If the sponsor has been lawfully resident in Australia for two years, (as at time of visa application, discounting short trips outside Australia for up to four months), this is generally considered to be a “reasonable period”.
Note: A sponsor could come within this category even if they are outside Australia at the time the visa application is made.

• Category 2

If the sponsor is currently in Australia but has been outside Australia for more than four months in the two-year period immediately preceding the date the visa application was made, they must provide some documentary evidence showing that they are currently settled in Australia. 

Seven examples of evidence are:

• Evidence of ongoing employment – for example, payslips; end-of-year tax assessment statement; official letter from employer; business ownership. If not employed, evidence of the sponsor’s partner’s employment/business ownership/income in Australia.
• Evidence of ownership of a house or a current lease agreement.
• If the sponsor has school-age children, evidence that they are attending school – for example, a letter from the relevant Australian education provider.
• Bank statements showing a history of funds held in Australia. Little weight should be given to recent bank transfers.
• Evidence that shows reasons for prolonged absence from Australia – as two examples:
  1. Documents showing that the sponsor has been caring for a sick relative outside Australia
  2. A letter from the sponsor’s employer outlining the nature of the sponsor’s work that may require long business trips or extended work placements outside Australia.
• If the sponsor has pre-school-age children, evidence that advance arrangements have been made to enrol their children in an Australian school – for example, payment of enrolment fees or enrolment registration fees.
• Evidence that the sponsor’s children are Australian citizens

• Category 3

If the sponsor is not in Australia, and has not been in Australia for the full two years preceding the application (discounting short trips to Australia under four months), they must provide some documentary evidence as to the reason for the absence and establish that they meet the ‘settled’ requirement. 

Nine examples of evidence are:

• Evidence from the sponsor’s employer that the sponsor has been posted by an Australian company or government organisation for a temporary finite period, and as a matter of established business/government practice, will return to employment in Australia at the end of the finite period.
• Evidence from the sponsor’s employer of extended employment outside Australia for an Australian company/government organisation on an ongoing basis, with a direct link to Australia – for example, wages are paid by the Australian company/government organisation/international company with a base in Australia, and the sponsor’s taxes are paid to the Australian government.
• Evidence of ownership of a residence in Australia or a signed lease agreement to show the sponsor intends to recommence residing in Australia
• If not employed, evidence of the sponsor’s partner’s employment/business ownership/income in Australia, or evidence that the sponsor’s partner has been posted by an Australian company or government organisation for a temporary finite period, and as a matter of established business/government practice, will return to employment in Australia at the end of the finite period.
• If the sponsor has school-age children, evidence that they are attending school – for example, a letter from the relevant Australian education provider.
• If the sponsor has pre-school-age children, evidence that advance arrangements have been made to enrol their children in an Australian school – for example, payment of enrolment fees or enrolment registration fees.
• Bank statements showing a history of funds held in Australia. Little weight should be given to recent bank transfers.
• Evidence that shows reasons for prolonged absence from Australia – as two examples:
  1. documents (such as medical certificates) showing that the sponsor has been caring for a sick relative outside Australia
  2. a letter from the sponsor’s employer outlining the nature of the sponsor’s work that may require long business trips or extended work placements outside Australia.
• Evidence that the sponsor’s children are Australian citizens

Visa processing officers can consider the time spent in Australia immediately preceding two years before the date of visa application as a “reasonable period” based on the documentation provided. 

Visa processing officers must determine the weight of each piece of documentation, and whether, as a whole, the documentation provided demonstrates that the sponsor is settled.”

For Australian citizen sponsors a lesser eligibility period may be considered when assessing the “settled” criterion, where there are compassionate or compelling circumstances, or when an Australian citizen has resided overseas for a lengthy period, has returned to Australia, and wishes to sponsor family members.

As a matter of policy, the eligibility period for Australian citizen sponsors may be regarded as at least three months residence.

The eligibility period for the “settled” requirement must be lawful residence.

This means that legal temporary residence as well as permanent residence may be counted, if necessary, towards making up the period.

Note: Periods of residence in Australia as a lawful temporary residency visaholder can be included in a consideration of whether the sponsor is “settled”. This allows the period of time an individual has been living in Australia as a holder of – say – a skilled provisional visa or a subclass 457 employer sponsored visa to be included in considering whether the individual is a “settled sponsor.”

A question we are often asked is whether an individual who holds a permanent residency visa can sponsor his or her parent/s for the grant of a Parent visa within 2 years of the intending sponsor first living in Australia. 

As is perhaps apparent from the above, the question to be answered is whether an intending sponsor has been lawfully residing in Australia for a reasonable period. 

Reference should be made to the updated Department of Immigration policy discussed above at first instance.

If this is inconclusive reference might be had to a few appeal cases in this area, where a Department of Immigration case officer has initially considered the sponsor was not “settled.” 

For example, see:

• Sampson, Lynne Jones [2004] MRTA 7298, and
• W0506207 [2007] MRTA 500

In the first case the applicant (from South Africa) was applying for a subclass 143 Contributory Parent visa. 

The sponsoring child was the holder of a subclass 136 Skilled Independent visa, who had validated her new 136 visa on a brief holiday to Australia in May/June 2002 prior to moving to live in Australia in March 2003.

Her parents applied for the grant of permanent subclass 143 Contributory Parent visas in November 2003, some 8 months later.

The finer details of the sponsor’s background are shown in the above link, but the key point to note is that the review tribunal found that:

” …if a person has established the centre of his or her family life or his or her interests and affairs in Australia that person may be said to be settled here. The more ties the person has with Australia, the more that conclusion will be supported. What is a reasonable period for the purpose of the definition of settled will thus depend on the evidence relating to the steps the person in question has taken to establish his or her home in Australia. A relatively short period may be sufficient if those steps are unequivocal. On the other hand, a person might spend a fairly lengthy period travelling around Australia but always with a home elsewhere and no intention of adopting Australia as his or her home. Such a person would not be regarded as settled even though his or her period of residence might exceed the two year period suggested by policy.”

The second case discusses an application for the grant of a Contributory Aged Parent visa (subclass 864) by a husband and wife from the UK who were in Australia as the holders of long stay tourist visas at the time their subclass 864 application was lodged.

The sponsor was the daughter of the applicants and had been residing in Australia as the holder of a permanent residency visa for some 6 to 7 months at the time her parents’ 864 visa application was lodged with the Department of Immigration. 

She had been considered by the assessing Department of Immigration case officer to have failed to meet the requirement to be a “settled sponsor.” 

The daughter had become an Australian citizen some time later.

In this case it was found that:

– while the sponsor at the time of application was not an Australian citizen, it was reasonable that this development should be expected to be taken as a relevant consideration now that she and all her family members are Australia citizens

– having regard to the circumstances of the sponsor and the evidence she had provided as well as the benefit of the passage of time, the Tribunal was satisfied that the sponsor had established the centre of her family life and her affairs in Australia

– the evidence cited supported the sponsor’s claim that when she travelled to Australia as the holder of a permanent visa accompanied by her parents, she and her family were settling permanently in Australia

– the evidence by the sponsor of the purchase of two homes, all her family members having applied for (and been granted) Australian citizenship as well as her ongoing full-time employment confirmed that she had established her life permanently in Australia

– it was found that the correct and preferable decision in this case was that the sponsor was a settled Australian permanent resident at the time of application

– as such the visa applicants at the time of application were aged parents of a person who was a settled Australian permanent resident

So what can parents and a child who intends to act as the sponsor take from the above?

Primarily, that parents who are contemplating applying for a parent visa within 2 years of a sponsoring child’s arrival in Australia should ensure their child’s attachments to Australia are reasonably significant and established (as discussed in the policy extracts above), and are capable of being documented. 

In summary, there is a risk of an issue arising with the settled status of the sponsor when a parent applies for a Contributory Parent visa within a fairly short period of their sponsor’s arrival in Australia.

However, in our opinion the recently expanded policy guidance should provide a measure of comfort where a parent wants to join a child in Australia soon after the child has migrated to Australia.

In such a circumstance lodging documentation to validate the sponsor’s settled status in accordance with the Department of Immigration’s policy material will be key to reducing the risk of an adverse decision.

If you are a parent and would like to discuss lodging an application for a Contributory Parent visa less than 2 years after your sponsor’s arrival in Australia please complete the enquiry form on this page for a free initial discussion on how Go Matilda Visas can bring together a fully documented application for a parent visa.

[Greensgran]

IS THERE ANY UPDATE ON THE NEW PROPOSED PARENT VISA? Things seem to have gone quiet and we are eager to apply as soon as possible. We don't meet the balance of family,although our daughter has been ten years in Australia and her and her family are all citizens. This seems to be our only chance to be with our family.

[Nemesis]

No need to shout!!  Alan Collett posted on another thread today that there's no news on it yet, maybe next month. 

[Kathss56]

More news in May supposedly!

[amsaini15]

I am not sure why people are excited about the new proposed parent visa? Yes, it does give parent right to live in Australia continuously for 5 years but has anyone considered how much it would cost in private health insurance.

I have insurance policy for my parents with BUPA and they have recently increased fees to $1466 per month. At this rate, it would cost $87000 for parents to remain on temporary visa which is close to the cost of Contributory Parent visa. There is not enough competition between providers for health insurance policy for overseas visitors.

What are others planning to do with private health insurance for their parents once we have this new long stay Parent Visa? Thanks

[Greensgran]

Hi Amsaini15. This is an interesting point and will have to be clarified when terms of the visa are made clear. We do not meet the balance of family test,one child in Australia and two others in UK.Because of this we cannot apply for the parental visa,contributary or not. As it is a temporary visa,the new five year, and UK has a reciprocal deal with Australia, is it possible we may still be allowed to use that? The amount seems excessive,does anyone else have advice on this?

[Quoll]

8 hours ago, Greensgran said:

Hi Amsaini15. This is an interesting point and will have to be clarified when terms of the visa are made clear. We do not meet the balance of family test,one child in Australia and two others in UK.Because of this we cannot apply for the parental visa,contributary or not. As it is a temporary visa,the new five year, and UK has a reciprocal deal with Australia, is it possible we may still be allowed to use that? The amount seems excessive,does anyone else have advice on this?

I'm assuming you mean a reciprocal agreement for essential medical care.  It is just that essential medical care - if, heaven forbid, you have anything which the medicare schedule says is elective treatment (think gall bladder removal, knee replacement, tonsil removal or even lump biopsy etc) then you are expected to either pay or go home and get it done.  Of course, there are potential problems with returning to UK for medical treatment then because you will have been out of the country for a period and they could, quite rightly, say you are not habitually resident.  For safety's sake you would need private medical cover IMHO - things like repatriation (possible in the case of serious illness/accident) run very very expensive.  I don't know that they have thought through all the ramifications of this visa suggestion yet. I'm guessing a lot of folk will go for it thinking they will then be able to play the sympathy card of "oh but we love it here and we have settled so well" which will go down like a lead balloon with Immigration when the time comes and their "no further stay" clause is exercised.

[Alan Collett]

Suggest we await the details of the proposed new temporary parent visa.

Hopefully not too long now - assuming the Government sticks with its plan to introduce the visa on 1 July 2017.

Best regards.

[Alan Collett]

On 24/04/2017 at 4:42 AM, Quoll said:

I'm assuming you mean a reciprocal agreement for essential medical care.  It is just that essential medical care - if, heaven forbid, you have anything which the medicare schedule says is elective treatment (think gall bladder removal, knee replacement, tonsil removal or even lump biopsy etc) then you are expected to either pay or go home and get it done.  Of course, there are potential problems with returning to UK for medical treatment then because you will have been out of the country for a period and they could, quite rightly, say you are not habitually resident.  For safety's sake you would need private medical cover IMHO - things like repatriation (possible in the case of serious illness/accident) run very very expensive.  I don't know that they have thought through all the ramifications of this visa suggestion yet. I'm guessing a lot of folk will go for it thinking they will then be able to play the sympathy card of "oh but we love it here and we have settled so well" which will go down like a lead balloon with Immigration when the time comes and their "no further stay" clause is exercised.

A quick note to say that the RHCA provides cover for medical attention that is considered to be "medically necessary" - which isn't the same as "essential."

I exchanged emails with the Department of Human Services on this issue last month.

Best regards.

Edited April 25, 2017 by Alan Collett

[Greensgran]

Thank you for the information. my daughter works for the health service and we will investigate all avenues when the time comes.

[Greensgran]

can anyone advise,if applying for visa class 600,stay for one year,when can you apply again and how long must you be out of the country before you can reapply?

[amsaini15]

3 minutes ago, Greensgran said:

can anyone advise,if applying for visa class 600,stay for one year,when can you apply again and how long must you be out of the country before you can reapply?

Hi Greensgran

 You can re-apply for subclass 600 as soon as you are back to your country. You do not have to wait to re-apply. Thanks

[Guest Shaki]

hello,

My parents have 2 sons and 1 daughter. Me and my brother is Australian citizen but my sister live with my parents. My parents are very old now and they are really very sick. and there is no one who can take care of them. now, me and my brother want to bring our parents and sister here. now i now we can bring them by contributory visa but that visa takes 2 to 3 years to process. but they are very sick so we want to bring them quickly here and thn apply for contributory visa. please, give me some advice how can i bring my parents and sister quickly here. is it possible to bring my sister with may parents by 3 years temporary parent visa? thanks

[amsaini15]

1 minute ago, Shaki said:

hello,

My parents have 2 sons and 1 daughter. Me and my brother is Australian citizen but my sister live with my parents. My parents are very old now and they are really very sick. and there is no one who can take care of them. now, me and my brother want to bring our parents and sister here. now i now we can bring them by contributory visa but that visa takes 2 to 3 years to process. but they are very sick so we want to bring them quickly here and thn apply for contributory visa. please, give me some advice how can i bring my parents and sister quickly here. is it possible to bring my sister with may parents by 3 years temporary parent visa? thanks

Shaki

Most likely you will not be able to apply for contributory parent visa while they are here on tourist visa due to restriction in visa - Condition 8503 'No Further Stay'.

You should be able to apply for tourist Visa but they would have to go back and reapply for tourist visa to come back here again. If they have come on subclass 600 visa before, they may get 3 year tourist visa. Contributory parent visa can be applied offshore only if visa has above mentioned restriction.

 

[Alan Collett]

11 hours ago, Greensgran said:

can anyone advise,if applying for visa class 600,stay for one year,when can you apply again and how long must you be out of the country before you can reapply?

These visas typically have a condition 8558 attaching - maximum 12 months stay in 18 months.

They allow for a stay of up to 12 months from each arrival, and are valid for the purpose of entering Australia for 3 years from the date of visa grant.

Other conditions attaching to the visitor visa include 8503 (no further stay), and 8501 (must maintain health insurance).

I say this with a client's subclass subclass 600 visa grant notice on my desk in front of me.

Hope this helps.

Edited May 15, 2017 by Alan Collett

[Alan Collett]

11 hours ago, Shaki said:

hello,

My parents have 2 sons and 1 daughter. Me and my brother is Australian citizen but my sister live with my parents. My parents are very old now and they are really very sick. and there is no one who can take care of them. now, me and my brother want to bring our parents and sister here. now i now we can bring them by contributory visa but that visa takes 2 to 3 years to process. but they are very sick so we want to bring them quickly here and thn apply for contributory visa. please, give me some advice how can i bring my parents and sister quickly here. is it possible to bring my sister with may parents by 3 years temporary parent visa? thanks

If they are very sick they won't pass the health requirement to be granted a visa.

Maybe consider returning to where your parents are living for a period to attend to their ill health?

Best regards.

[Mjh]

This original article is from 2008 - is there anything current on the 2 year settled status to sponsor a parent?

For example, I won a house in Oz, but am not a resident in it currently - judging by this when i move over on a PR visa, I could theoretically shorten the 2 year settled time?

 

[Mjh]

2 minutes ago, Mjh said:

This original article is from 2008 - is there anything current on the 2 year settled status to sponsor a parent?

For example, I won a house in Oz, but am not a resident in it currently - judging by this when i move over on a PR visa, I could theoretically shorten the 2 year settled time?

 

that should read "own a house", lol i didnt win it

[Farid]

 

Hi all,

 

We are going to apply for a 173 visa for my parents. I appreciate if anyone can assist me on following questions. 

 

1. My Father is already onshore on a subclass 600 tourist visa which will be valid for 6 months. However, my mother is offshore. can my dad apply onshore as a main applicant, and include her in the application?
2. I, the Sponsor of application, have been living in Australia since 1/12/2016 although I was 1 month offshore during this period for annual holidays. When can we submit the application ( 1/12/2018 or 1/1/2019) please note I am a permanent resident and have a full time job in Sydney.
3. Can a bridging visa be granted for my dad? obviously he would temporary leave the country when the 173 visa was about to be granted. 
4. how quickly this 173 visa subclass can be granted. 

[nadette24]

On 26/04/2017 at 09:37, Alan Collett said:

Suggest we await the details of the proposed new temporary parent visa.

Hopefully not too long now - assuming the Government sticks with its plan to introduce the visa on 1 July 2017.

Best regards.

Once the visa 143 is granted i understand we can travel back and froth from Australia for 5 years. What happens after 5 years if i want to visa my relatives in Europe for 3 months?

[Alan Collett]

18 minutes ago, nadette24 said:

Once the visa 143 is granted i understand we can travel back and froth from Australia for 5 years. What happens after 5 years if i want to visa my relatives in Europe for 3 months?

You either obtain Australian citizenship and an Australian passport, or you apply for a Resident Return visa.

Best regards.