Parents and Children
Charges for parent visas can run over $30,000. Presumably this is indicative of the costs associated with caring for an ageing population. There is also a significant waiting list for the determination of parent visas. For a comprehensive list of charges see the DIBP website.
Applying Outside Australia
There are several categories of visa options open to parents applying for a parent visa from outside of Australia who wish to reside in Australia either permanently or temporarily. These are listed below. All visas require that a child or eligible sponsor in Australia sponsor the applicant. ‘Child’ includes a stepchild. A partner and dependent family members can be included on all applications. Permanent and temporary visa applications that include a partner or other dependent family members attract a second visa application charge per person on the application if successful, after the initial visa application charge.
- Parent (Permanent) Visa (Subclass 103): This is for parents seeking permanent migration to Australia. It entails numerous rights, including to work and study, receive subsidised healthcare through Medicare and the pharmaceutical benefits scheme (PBS), and be eligible to apply for citizenship. There are waiting periods for certain social security payments, and the ability to sponsor others for permanent residence into Australia.
- Contributory Parent (Migrant) Visa (Subclass 143): This is a permanent migration visa. It includes partners and dependent family members. In most circumstances, the child must have been lawfully resident in Australia for two years. The same rights as Visa 103 apply.
- Contributory Parent (Temporary) Visa (Subclass 173): This allows for a residence of two years, access to the Australian health care system, and the right to work and study. After entry, the visa holder can apply for a 143 visa, a protection visa (permanent) or a medical treatment (temporary) visa. The visa holder can work, and study, and has access to Medicare. They are not eligible for social security.
- Aged Parent (Residence) Visa (Subclass 804): Only elderly parents of a child or stepchild are eligible to apply for this visa. The rights associated with this visa are the same as listed above at Visa 103.
- Contributory Aged Parent (Temporary) Visa (Subclass 884): This is a two year temporary visa for elderly parents, but visa holders can apply from within Australia for an 864 Visa – a permanent visa, a Protection (permanent) visa, or a Medical Treatment (temporary) visa. The rights associated with this visa are the same as those under Visa 173.
- Contributory Aged Parent (Residence) Visa (Subclass 864): This visa is for elderly parents. At least half of your children must be Australian citizens, Australian permanent residents or eligible New Zealand citizens who are usually resident in Australia. More of these children have to live in Australia than in any other country. The permanent visa rights are the same as those under Visa 103.
- Humanitarian Split Family Provisions: Only children under the age of 18 who have been granted permanent residence can apply to bring their parents or step-parents to Australia. There is a three way division:
- The Middle East and parts of South West Asia:
- All Other Countries:
Applicants from Africa need to look at the ‘Lodging Certain Humanitarian Applications in Australia from applicants in Africa’ information. Applicants from the Middle East and parts of South West Asia need to look to ‘Lodging Certain Humanitarian Applications in Australia from applicants in the Middle East and parts of South West Asia’ information. All other countries must seek further information from immigration offices outside Australia.
Applying from within Australia
Parents applying from within Australia, as noted above with several of the temporary visas, have the opportunity to apply for permanent residency whilst their temporary visas are still valid.
Generally, a child visa application charge covers all applicants in the same application. A summary of the application charges can be found online.
Applying Outside Australia
Children applying from outside Australia have five options:
- Child (Permanent) (Subclass 101): this is for children under the age of 25. The parent acts as a sponsor for the child and can lodge a visa application on the child’s behalf. The child can live permanently in Australia and travel to and from Australia for five years from the date the visa was granted.
- Orphan Relative (Permanent) (Subclass 117): This is for children under the age of 18, who are overseas and whose parents are unable to care for them. The child must be going to an Australian relative. The rights associated with this visa are the same as those in Visa 101.
- Adoption (Permanent) (Subclass 102): This is for children under the age of 18 years who have been or are about to be adopted from outside Australia by an Australian citizen, permanent resident or eligible New Zealand citizen. The adoptive parent acts as a sponsor and usually lodges the application. The rights are the same as above. The Department of Immigration can not assist with the adoption procedure, only the migration application.
- Dependent Child Visa (Subclass 445): This is a temporary visa for a child or stepchild of a parent holding a temporary partner/spouse visa and is applying for a permanent partner/spouse visa. The visa will either be a temporary Partner visa, a temporary Spouse visa, or a temporary Interdependency visa. The sponsor of the visa applicant will be the same person sponsoring the parent with the temporary visa. The child can only remain in Australia as long as the parent on the temporary visa. The child must also lodge a separate application for a permanent visa to their parent’s application. The visa is valid as long as their parent’s temporary visa, or until the parent’s permanent visa application is finalised. This finalisation depends on the child’s separate application being decided first.
Applying from within Australia
Applying from within Australia there are three options:
- Dependent Child Visa (subclass 445): Dependent children are able to be sponsored by their visa-holding parent for this temporary visa. See above.
- Child (Permanent) (Subclass 802): This visa allows a child to remain in Australia with their parent. The child must be under 25 years of age. The parent must be an Australian citizen, a permanent resident, or eligible New Zealand citizen. Such a situation might arise where a child who was born overseas to an Australian citizen, but has not acquired citizenship has come to Australia from a parent in another country and now wishes to stay with the Australian parent.
- Orphan Relative (Permanent – Onshore) (Subclass 837): This is similar to the Orphan Relative Visa (Subclass 117). The requirements are the same – there must be a relative in Australia with who they can remain, and their parents are unable to care for them.