Parents and other family

Discontinuation of visas disallowed

On 25 September 2014 a disallowance motion against the Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014 was successful.

This means that the cessation of non-contributory parent and other family visas ​has been disallowed and these visas can now be lodged again.

DIBP has released new forms and information on the processing of the non-contributory parent and other family visas following yesterday’s disallowance motion.  There is likely to be a 6 month window on the lodgement of these visas.

Parents

 

If you are the parent of an Australian citizen, permanent resident or an eligible New Zealand citizen then you may be able to apply for a parent visa.

All applicants for a visa in the parent category must be sponsored. The sponsor must be either an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is settled. ‘Settled’ means that the sponsor must have been a resident in Australia for a reasonable period, usually two years.

All applicants for a visa in the parent category must meet the ‘balance of family’ test. This means that at least half of their children must be living lawfully and permanently in Australia or there are more children living lawfully and permanently in Australia than in any other single country overseas.

Children of both parents are counted in the test, including any children of previous relationships or de facto relationships of either parent.

For the purposes of the balance of family test, children include natural, adopted and step-children. This is irrespective of whether they are dependent, self-supporting, married, single or divorced.

The application fees for contributory parent visas (the only class remaining after June 2014) are substantial and will be in excess $100,000 per couple ( check the fee calculator on the DIBP website for precise fee). It is also necessary for there to be an Assurance of Support (AoS). The current amount is $10,000 for the main applicant and and additional $4000 for each other adult family member included in the application. The AoS is provided for a period of 10 years.

Child Visa

There is also a child visa that allows a child to remain permanently in Australia with their parent. The parent must be an Australian citizen, permanent resident or eligible New Zealand citizen and must act as sponsor for the child.

The child must be single (never married) and one of the following:

  1. younger than 18 years of age (and not adopted); or
  2. adopted (and under 18 when adopted); or
  3. full-time student between 18 and 25 years of age, or
  4. 18 or older and unable to work due to a disability and dependent on the sponsoring parent.

 

Tel: +61 2 9220 6100

Fax: +61 2 8569 0571

paul@paulcutler.com.au