Quick Overview of Australian Parent Visa Options
Australian Parent Visa Options for parents who wish to migrate to Australia to be with their children.
The application must be sponsored by one of their children and the child must be an Australian citizen or permanent resident who is settled in Australia.
Children In Australia
Are at least 50% of your children living in Australia
as Australian citizens or Permanent Residents ?
Note: you have to count all children, including step children
|YES||NO ⇒ ⇒⇒||You do not meet the criteria for a Parent Visa (* see balance of family criteria below)|
There is the high cost and faster processing stream or the lower cost and longggg wait stream
|Are you willing to pay up to $ 55 000 per person for a Parent Visa ?|
|You might be eligible for a Contributory Parent Visa||Are you over age 66 ?|
|You might also be eligible for the Aged Parent visa||YES||NO|
|You might be eligible for the Aged Parent Visa||You might be eligible for the Standard Parent Visa|
|Your Next Step|
|Register with us, and a Consultant will provide you with a detailed report and advice on your eligibility and the application process|
Background and Information
There are 3 potential pathways towards a parent visa
- an “aged” parent visa (if you are over 66)
- a contributory parent visa
- a “standard” parent visa
All applicants for a parent visa must meet the balance of family test.
The balance of family test is designed to determine the extent of your links to Australia.
You meet the balance of family test if:
- at least half of your children live permanently in Australia, or
- more of your children live permanently in Australia than in any other country.
Applicants must satisfy the Medical and Health Requirements, as well as the Character Requirements
The aged parent visa vs. the contributory parent visa:
- Both are permanent residence visas when granted
- Processing time of +_ 18 to 26 months for the Contributory parent visa v. up to 18+ years for the aged parent visa
- Both can be lodged onshore (more on this below)
so both exactly the same on grant, however, the difference lies in the cost of the application and in the processing time
- an aged parent visa – all in costs around $ 7000 (2 applicants) + the AoS
- the contributory parent visa – +_ $ 7000 (2 applicants) at application time, plus +- $ 90000 just before visa grant (+ the AoS)
The aged parent visa processing time = around 18 years v. the the contributory parent visa processing time of +_ 2 years
- you are NOT eligible for any medicare in Australia until you are granted a parent visa, so that is a consideration.
- UK citizens: Under the Reciprocal Health Care Agreement between the UK and Australia you DO have full cover for any care that Medicare covers – have a look here for details:
An aged parent visa (if you are eligible for is) can save you +_ $ 90 000 (all in) – if you look at this saving, it should more than cover the cost of private medical insurance to top up your Reciprocal Health Care – however you have to weigh that up to the fact that you would not be permanent residents for up to 18 years (and the other benefits they would have in that time compared to the contributory parent visa)
This really is a cash flow exercise.
If you can afford to pay the contributory parent visa costs, then that is a better option and offers far greater security
How the application is made:
- whether you apply for the aged or contributory parent visa, we can apply for you while you are IN Australia
- this means you can stay IN Australia during processing of your visa application
The onshore visa application process:
- you have to be in Australia on a visa with no 8503 condition on it
- we then lodge the application, and the moment we do, you will be granted a BVA (bridging visa A). The BVA allows you to remain in Australia while the parent visa is being processed
- While on a BVA they would not be eligible for e.g. Medicare and would have to have their own private medical insurance
- if you need to travel while on a BVA, you can apply for a BVB which allows travel
So, the BVA allows you to take up residence, but while on a BVA you have temp residence status, so no social security benefits etc
- Visa Application Charge payable to the Dept of Immigration
- To be deemed ‘settled’ an Australian permanent resident must have been residing in Australia for at least 2 years prior to lodgement of the Parent visa application. An Australian citizen must have been residing in Australia for at least 3 months prior to lodgement.
- Balance of family
- At least half of their children living in Australia as permanent residents or Australian Citizens; or
- More children living in Australia as permanent residents or Australian Citizens than in any other single country overseas
- All children of the applicants are counted in the test, including children of previous relationships of either applicant.
- Parents can be of any age.
- Aged Parent visa applicants in Australia (onshore) can apply only if one parent is at least 66 years of age. If neither parent is old enough, the application must be lodged offshore.
- AoS / Assurance of Support
- A person or organisation must also give you an assurance of support. They can be your sponsor or another person. Up to three people can agree to give you a joint assurance of support.
- An assurance of support is a legal commitment to give you financial support so that you do not have to rely on social security payments. The assurance covers you and any family members included in your application.
- An assurer must:
- give you financial assistance for ten years
- repay any recoverable social security payments you receive in the first ten years of living in Australia
- lodge a bond for each applicant aged 18 years or older:
Register with us, and a consultant can then provide you with detailed advice and information specific to your circumstances
Australian Partner Visa Categories
The Pathways for Australian Partner visa – De Facto visa, Prospective marriage visa & married visa pathways
|Are you legally married or in a genuine De Facto relationship ?|
|Been married / living together in a De Facto relationship less than 5 years|
|Been married (or in a genuine De Facto relationship) more than 5 years OR for at least 2 years and have a child/ children of the marriage||Do you Intend to get married in the next year ?|
|You might be eligible for the Provisional Partner visa||You might be eligible to apply directly for a Permanent Residence Partner Visa||No|
|Have you lived together at least 12 months ?||You might be eligible for a Prospective Marriage Visa|
|Have you lived together at least 5 + years ?||You might be eligible to apply for a Provisional Residence Partner visa if you have a registered relationship in certain states in Australia. Contact us to discuss your options|
|You might be eligible to apply directly for a Permanent Residence Partner Visa||You might be eligible to apply for the Provisional Partner visa|
Your Next step
- Register with us
- A consultant can then guide and advise you on your best options, the requirements, costs and what your options are to apply on or offshore
Where can you apply ?
- You can apply for a direct permanent partner visa or the provisional Partner Visa in Australia (onshore) or from outside Australia (offshore)
- a Prospective Marriage visa application can only be made as an offshore application
To apply onshore (in Australia) you must be the holder of a visa that allows you to apply onshore, and that visa must not have a condition on it (e.g. a 8503) that prohibits you from applying onshore
If you apply onshore, you will be granted a bridging visa (BVA) that will allow you to remain in Australia during processing of your application. You can also apply for a BVB should you need to travel while your onshore application is being processed
Speak with your consultant who will give you specific advice and assistance re. your circumstances and pathways
More research and reading material
Spouse (married) applicants
- This is for people who are married before applying.
- If you are married, then you apply for the spouse visa. The ‘spouse’ is the Australian husband or wife, and the ‘applicant’ is the person needing the visa to enter Australia.
- The sponsor can be an Australian citizen, an Australian Permanent Resident, or an ‘eligible New Zealand citizen’. (NZ citizen who was resident in Australia prior to Feb 2001)
- An application can take between 12 and 24 months to process at the DoHA visa office – the time depends greatly on the individual circumstances.
- To a case officer, an Australian spouse visa application is just a pile of papers – one of many files on their desk!
- So rather than a tick-box affair, the application should show that the couple are in a genuine spousal relationship. This means showing evidence that family and friends are aware of the relationship, showing details of communication when apart, and ‘evidence’ of living together also.
- All of this must be VERY clearly shown, and explained to the case officer. The sad fact is that there are many people who ‘fake’ an relationship just to get an Australian partner visa. So case officers always have to treat Australian spouse visa applications suspiciously, and cautiously, doing a lot of background checks.
- When you get the visa, you have a two year provisional permanent resident visa. After 2 years, you lodge another application to show that you are still together – and then can get the full PR Australian spouse visa. (or ‘Australian visa for my wife’ or ‘Australian visa for my husband’)
At Visa Solutions, we are the spouse visa experts, and we have a 100% success rate!
Register to speak to a real person about your own situation.
Prospective Marriage applicants
- If you are not married yet, but plan to marry within a year or so, this can be the option for you.
- You lodge the visa application, which again can take up to 22 months to process. When the visa is granted, you then have 9 months in which to register the marriage (i.e. get married, sign the papers!). This is also known as the Australian fiance or fiancee visa.
- When you marry (and you can marry anywhere in the world), you then get the two year provisional spouse visa, as above, and then the full Australian PR partner visa after that.
- This is for couples who have clear paper evidence that they have lived together for 12 months or more. This can be a variety of such evidence of couples who need an Australian partner visa for ‘common law’ spouses.
- These applications are complex and our team will guide you every step of the way.
- Other than that, the process is the same as the Australian spouse visa mentioned above.
If a couple, in the spouse visa (or de-facto visa) example have either: –
- been married for over 5 years, or have evidence of living together as de-facto spouses for over 5 years
- have been married for over 2 years AND have a child – or have lived together for over 2 years and have a child
Then they may apply for the full Permanent Resident visa right away – no need to have the two year provisional period.
Frequent questions from clients about the Australian marriage visa, or Australian partner visa are related to being outside of Australia, or needing to get to Australia within a certain timeframe, and the travel restrictions involved.
- To get answers about this, simply register in your Client Area to speak to an experienced Australian partner visa lawyer
You can then speak about issues such as ‘how to sponsor my wife to Australia’, or ‘how to sponsor my husband to Australia’. Visas for a wife or visas for a husband are highly unique for each situation.
We will fully guide you on what information you need to get together, and then what to send to our Australian office, for your Legal representative to compile and then lodge, so the Australian fiance visa application, or the Australian marriage visa application is clearly defined, exactly as the case officer wants to see it.
At times, the case officer will make an interview for the Australian spouse visa. If you are with Visa Solutions, then because we are representing your Australian spouse visa, they must first contact us and your legal representative, before any contact is made to you.