Family Visa

You are eligible to apply for an Australia parent visa (subclass 103) if you have one or more children living in Australia.

This visa is appropriate for the parent or parents of a child/step-child who is a settled Australian citizen, settled permanent resident, or settled eligible New Zealand citizen. If approved, this visa will permit the parent or parents to permanently migrate to Australia to join their children.

A number of factors decide whether you qualify for this visa or not. These factors are like:

• status of residence of your child(ren) in Australia

• the amount of time the sponsoring child has stayed in Australia

• whether you pass the balance of family test

• whether you meet certain health and character criteria

Please note:

• Sometimes there are long waiting times of up to 30 years before this visa is approved.

If you are presently in Australia and your current temporary visa is about to expire, you will not be eligible for a bridging visa to stay in Australia. This is because you must be outside Australia when a decision is made on your application.

Visa Type

Provisional

Cost of Application

From AUD6, 490

PARENT VISA BENEFITS

A parent visa allows you, your partner and dependent family to stay in Australia on a permanent basis. Some additional entitlements are listed below:

• work or study is allowed

• access to healthcare through Medicare – subsidised by the government

• the ability to sponsor family members for permanent residency in Australia (a waiting period applies)

• social security (a waiting period applies)

There are several criteria that must be met for applicants of a Parent (subclass 103) visa. This section explains the main requirements for this visa.

PARENT VISA ELIGIBILITY

In order to be eligible for a parent visa, there are some criteria that must be met:

THE APPLICANT

• the applicant must have a child who is an Australian citizen, or

• a permanent Australian resident, or

• an eligible New Zealand citizen

THE SPONSOR

• In case your child is not an eligible sponsor, you may be sponsored by the following persons:

• your child’s partner

• guardian or family member of your child

• guardian or family member of your child’s partner

• a community organisation

HEALTH & CHARACTER REQUIREMENTS

A health check is necessary for all applicants and accompanying family members, this includes your partner and any dependent family members.

OUTSTANDING DEBTS TO THE AUSTRALIAN GOVERNMENT

Before this visa can be granted, any debts that you have to the Australian Government will require to be repaid. If you are in financial trouble, you may be required to arrange a repayment scheme.

VISA APPLICATION LIMITATIONS

If you are within Australia, in some cases you may be prohibited from applying for this visa, such as:

• if there was a condition in your previous visa that you would not be given a substantive visa while you are in Australia

• you do not currently hold a substantive visa and have had a visa rejection or cancellation since you last arrived in Australia

• you presently hold a sponsored visitor visa

• you are detained in immigration detention

Balance-of-family test

The balance-of-family test calculates your ties to Australia. You meet this requirement if either:

• at least half of your children reside permanently in Australia

• more of your children reside permanently in Australia than in any other country.

You must meet this requirement to be approved for this visa. It cannot be waived, even in compelling or special circumstances.

The table below will help you with some examples of families with different numbers of children and whether they would pass the balance-of-family test.

We do not review the nature of your relationship with your children.

If you do not know where your children are, we regard them as being in the country in which they were last known to reside.

To be counted as regularly living in Australia, your children must be one of the following:

• Australian citizens

• Australian permanent residents who usually live in Australia

• eligible New Zealand citizens who usually live in Australia.

If your children are in Australia on a temporary visa (such as a Student visa), they will be considered as normally residing outside Australia.

Your partner’s and your children, including stepchildren and adopted children, will be considered in the balance-of-family test, unless they:

• are deceased

• are removed from their parents’ legal custody by adoption or court order

• are registered by the United Nations High Commissioner for Refugees (UNHCR) as refugees and live in a camp operated by the UNHCR

• reside in a country where they bear persecution or human rights abuse and cannot be reunited with their parents in another country.

A stepchild is either:

• your present partner’s child, or

• younger than 18 years of age and the legal liability of you or your partner and:

• the child of your former partner, or

• the child of a former partner of your current partner.

Stepchildren born from polygamous or concurrent relationships are not recognised in Australia and so they cannot be counted in the balance-of-family test.

OBLIGATIONS

THE APPLICANT(S)

When this visa is granted, you will be expected to comply with the Australia standards of living and it is important that you and any additional family member comply with all Australian laws.

THE SPONSOR

If you are a sponsor, you will be liable to help your family members and assist them to stay in Australia by providing the following:

• moral support

• satisfactory accommodation

• financial support

For the first two years of residency it’s essential that the sponsor complies with these obligations.

ASSURANCE OF SUPPORT

The assurer must:

• give sufficient financial support so that you or any related family members do not have to rely on any government support, and

• pay back the Australian Government for any recoverable social security payments

• pay a refundable security bond before the visa is approved

The Assurance of Support is necessary to remain in place for two years from the date you and any accompanying family members enter Australia.

ASSURANCE OF SUPPORT

An Assurance of Support (AoS) is termed as a legal undertaking by the sponsor, family relative, an organisation, or any further person who may be suitable to be an assurer, to repay certain social security payments to the Australian Government which has been remunerated to a person or their family members applying to transfer to Australia during their AoS period.