SUBCLASS 103 & 143

There are primarily two parent visas which entitle an offshore applicant to permanent residence, namely:

• Non-Contributory Parent Visa (subclass 103) 
• Contributory Parent Visa (subclass 143)

Parents of Australian citizens, Permanent Residents or eligible New Zealand Citizens can apply for a Parent Visa if they meet the balance of family test and can be sponsored by at least one of their children living in Australia.

To apply as a parent, you must be sponsored by your child, who must be a Australian Citizen, Australian permanent resident or eligible New Zealand citizen.

There are three kinds of Parent Visas which are as follows:

• Non-Contributory Parent Visa (subclass 103) – permanent resident visa;
• Contributory Parent Visa (subclass 143) – permanent resident visa;
• Sponsored Parent (Temporary) Visa (subclass 870) – temporary resident visa;

For Non-Contributory and Contributory Parent Visas:

• At least half of your children are living in Australia;
• You will be sponsored by one of your children in Australia who is an Australian citizen or permanent resident and has lived in Australia for at least 2 years;
• Applications can be made from within Australia if you meet the Aged Parent definition and the visa you currently hold while in Australia does not have an 8503 (no further stay) condition at which time you will receive a bridging visa allowing you to remain in Australia until the parent visa is granted;
• Assurance of Support to be provided by the sponsor which is AUD5,000 for the main applicant and AUD2000 for partner in relation to the subclass 103 and AUD10,000 for the main applicant and for any adult secondary applicant it is AUD4000 for the subclass 143
• Processing time for the 103 is expected to be around 30 year and for the 143 to be around 3.5 years.

The contributory parent visa is the far more expensive option but because of the far quicker processing time, this is the option most parents pursue obtain permanent residence.

The main features of this visa are :

• Full work rights under this visa subclass

• Entitled to free Medicare 
• May sponsor other eligible family members

 To discover whether you are eligibale for this Visa and FREE assessment of your Visa prospects please contact us  admin@pathwaylawyers.com.au

SUBCLASS 870

The Minister has announced the new Temporary parent visa on the 1st March 2019. This temporary visa will be under the subclass 870 and can be applied for a period of three to five years with an option to extend it once for the same period as the first time.

The primary purpose of this visa is to allow parents to stay and reunite with their children and grandchildren in Australia

This visa can be applied for a parent who can be a biological, adoptive or step-parents of the sponsor. The sponsor must be an Australian Citizen, Permanent resident or an eligible New Zealand Citizen.
The Temporary Sponsored Parent visa allows for a significantly longer stay period than a visitor visa, but it does not allow for permanent residence in Australia like a permanent Parent visa.

There are two steps to apply for this temporary parent visa:

• Sponsorship Application: The sponsorship application has to be lodged by the child of the applicant who is an Australian Citizen or permanent resident or an eligible New Zealand Citizen. The sponsor has to have lived in Australia for up to least four years and meets the required financial obligations.
• Visa Application: Once the sponsorship is approved, the visa may be applied for. To apply for this subclass, the applicant has to be offshore. The visa application can be renewed once for the same period as the first approval. The visa application fees for the three years is $5,000, and for five years is $10,000. The payments for the visa application are paid to the department in two instalments.

The main features of this visa are :

• No Balance of Family test will be applied
• You will have no work rights under this visa subclass
• Require health insurance
• Must provide evidence of access to funds

 To discover whether you are eligibale for this Visa and FREE assessment of your Visa prospects please contact us  admin@pathwaylawyers.com.au

SUBCLASS 101

There are several child visa options, which may be considered dependant on your specific circumstances.

A situation that commonly arises is where parents did not include a child with a former partner in the application who now wishes to come to Australia or after having received their permanent residence visas offshore fall pregnant with a child who was not part of the original visa application.

As it stands, that child does not have a visa to enter Australia, despite the parents being permanent residents. In such a case the parent will need to apply for and receive a separate visa for the child before the child is able to enter Australia.

This visa most commonly applied for in the above circumstances is the Australian Child Visa subclass 101.

Thus, if you are an Australian citizen or permanent resident and you have a child who lives overseas and you want to bring the child over to Australia to live permanently, this could be the visa for you.

Your child must be single, younger than 18 years of age (or a full-time student between 18-25 years of age or 18 or older and unable to work due to disability and dependent on the sponsoring parent) and sponsored by their parent or their parent’s partner who is an Australia Citizen or Permanent Resident.

This visa will allow the child visa holder to:

• Live in Australia permanently.
• Will be able to work and study in Australia and enroll to Medicare.
• Can also travel to and from Australia indefinitely.
• They can even apply for Australian citizenship if they are eligible

 To discover whether you are eligibale for this Visa and FREE assessment of your Visa prospects please contact us  admin@pathwaylawyers.com.au